The case lies under absconding.
If this employee is indian and is appointed in India, then as per the a[pointment letter, beyond certain leaves, it is a clear case of termination.
As per indian laws, Gratuity is payable only after completion of 5 years thus legally he cannot ask for gratuity. Also, Gratuity is always calculated @ 15 days basic + DA( dearness allowance, if you company pays this)
However, his salary suggests that he is not employed in India. If that is the case , you have to follow the law of the land where he was appointed.
22nd August 2012 From India, New Delhi
As told by Nasser, you can terminate him without notice under Article 120 clause #10 which says if a staff is absent for consecutive 7 days, you can terminate him. Also you can refer the below article regarding his End of Service benefits.
"as per Article 139 : A worker shall forfeit entitlement to his entire severance pay in any of the following If he is dismissed from service for any of the reasons specified in Article 120 hereof or if he abandons his employment in order to avoid being dismissed in
accordance with that Article."
It would be better to terminate,cancel without absconding and sending him out of country on company's ticket to avoid later confusions. Also, gratuity is based on basic salary only. Since he has completed one year only he will be eligible for 7 days of basic salary (1/3rd of total gratuity).
26th August 2012 From United Arab Emirates, Dubai
Termination under article 120 of uae labor law is the right option .
As per article 120 the employee will not be eligible for any severance pay; that means the person will not be entitled for any gratuity.
you can pay him his leave balance that is accrued.
27th August 2012 From United Arab Emirates, Abu Dhabi