Boss2966
Industrial Relations
Praveen Kumar Kambhampati
Director Operations
Gafoor_shah
Asst Hr Manager
+1 Other

Thread Started by #belleypretty

Good day to all!
I am taking my chance if you could help me with my query. I have been searching an exact answer for quite sometimes now, but I could not find an answer in the web that suits my need. So, my question goes like this - in an event that the company will file an absconding case to the employee, who will bear the cost of the airfare? My company is in construction industry. I have heard that it is the responsibilty of the employer. Can you confirm? (Although, I really object on this idea wherein in the first place, it is the employee who put himself, as well as the employer, into trouble.) I would appreciate very much if you could also provide a link or an article from the labor law to justify your ground. I hope you can enlighten and educate me with this regards. Thank you very much for the help.
10th September 2012 From United Arab Emirates, Dubai
Dear Belleypretty
What makes you to spend on the Absconder. If the Absconder has to pay any dues to you then simply lodge a complaint against him, after 3 communications you made for joining back on duties. If he is not responding then send him a letter stating that he has to surrender the office assets back and get the clearance from your HR Department. If he still not responding then you can go with a civil suit against the absconder.
10th September 2012 From India, Kumbakonam
Thank you for the reply, it is appreciated. Actually, we have alreay filed an absconding case againt the employee. And the absconder was captured days ago. Then the cancellation of visa of the absconder is under process. At the same time, the police officer demanded from us a one-way ticket for the absconder. The burden of the airticket is enforced on employer (on us). I would like to understand the logic/reasoning behind this law. Do you have a particular article or link as an evidence for this Dubai labor rule or law? Thanks......
10th September 2012 From United Arab Emirates, Dubai
Dear
You can directly inform the same to the concerned Police Officer and explain that already your company is facing loss due to that employee and further he has to pay the dues to your company. Further paying the Airfare is as like giving more liability to the company. But if the Police Officer concerned is asking you can ask them to provide some documents which can support your bill, which is required for your company's Auditing purpose.
10th September 2012 From India, Kumbakonam
Sharing thoughts....
I guess the resources are all owned by the organization and thus the entitlement would be on the organization to own up the expenditure. The individual in case is due to the organization all the expenditure which incidentally includes the air fare as well. The police officer would not be interested know the legalities pending between you and the employee. You may want to deport the employee at your own cost and settle the matters and do a full and final settlement before firing but until then the organization would have to take the responsibility on behalf of the individual.
Also often the discussions are between 1. organization and another organization or 2. the individual and his employer but never between an individual and another organization. so getting him deported after catching him would be with your organization.
Hope this helps.
11th September 2012 From United States, Ogden
Belly pretty
As per UAE law the company being the sponsor of the visa the liability to repatriate the employee is soley on the employer.
In the case of absconding; the employer will have to notify the labour dept and labour dept will charge you to book the complaint.
After booking the case the company is able to get immunity in case the employee was caught working illegally outside; and the company will not require to pay penalty.
However there is no clear statement in labour law regarding the process for repatriation in case of absconding cases;the police request the company to provide the ticket for repatriation of employee to home country.
15th September 2012 From United Arab Emirates, Abu Dhabi
Thanks gafoor_shah. You have convinced me with your explanation. I've able to borrow a Labor Law book (Federal Law No. 8) however it is not stated here also why the ticket for the absconder is shouldered by the employer. Thanks for your validation.
16th September 2012 From United Arab Emirates, Dubai
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