Labour & Employment

Work Absence Notification in the UAE: How to Cancel It?

Work Absence Notification in the UAE: How to Cancel It?

An absence from work report in the UAE is not a criminal case and not a judgment against you. It is a notification filed by the employer with the Ministry of Human Resources and Emiratisation stating that a worker stopped coming to work without a legitimate reason. The direct answer on cancellation: the report is cancelled if it is proven that the absence did not reach seven consecutive days, that you were at work or on leave, that you had a legitimate reason, or that the employer agrees to cancel it.

The real risk of an absence from work report is not the report itself but its effect: a foreign worker whose absence without a legitimate reason is confirmed may be barred from a new work permit for one year. Acting quickly and gathering proof of attendance or of a legitimate reason is what decides the file.

This article is part of the Labour Cases category and complements the comprehensive guide Labour Issues in the UAE.

What is an absence from work report and when can the employer file it?

Under Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations, the employer must notify the Ministry when a worker stops coming to work, following the procedures set by the Executive Regulations. The Regulations require the absence to last more than seven consecutive days, without the employer knowing where the worker is or being able to contact him, and the Ministry's absence form to be completed.

The report is different from dismissal for absence. The law allows the employer to dismiss a worker without notice if he is absent without a legitimate reason for more than twenty intermittent days in a year or more than seven consecutive days, but only after a written investigation and a written, reasoned dismissal decision. The report goes to the Ministry; dismissal is a decision within the employment relationship, and each has its own conditions.

How does the report affect the worker?

The main effect is that a foreign worker who stopped working for an illegitimate reason before the end of the contract is not granted another work permit for one year from the date of absence, and no other employer who knows this may employ him during that period.

The Executive Regulations exempt specific groups from this bar: workers on a family-sponsored residence, workers applying for a new permit with the same establishment, workers of professional or skill levels needed by the country, golden residence holders, and any groups designated by a decision of the Minister. If you fall into one of these groups, the report does not stop you from working again.

When is an absence from work report cancelled?

Ministerial Resolution No. 74 of 2022 allows the absence complaint to be cancelled at the request of the worker, the employer or both in specific cases, mainly: proof that the absence did not reach seven consecutive days; that the worker was at work or on legally approved leave; that the employer agrees to restore the relationship while the establishment is still operating; that the absence was based on an agreement to end the relationship; that the employer allowed the worker to look for another job; that there was a legitimate reason for the absence; or any case proving the report is incorrect.

Cancellation depends on proof, not denial. Saying "I was working" is not enough; you need a document that shows it.

A malicious report: how do you prove you were at work?

Many absence reports are filed after a dispute over salary or after the worker has complained against the employer. Evidence then decides the matter: attendance and fingerprint records, emails and WhatsApp messages with the manager during the alleged absence, salary transfers for that period, leave approvals, medical reports, and entry and exit records.

If the employer ended your service because of a serious complaint you filed with the Ministry or a lawsuit you brought that proved well-founded, the law treats the termination as unlawful, and the worker is entitled to compensation assessed by the court of up to three months' wages, without prejudice to notice pay and end-of-service benefits.

Labour complaint first, or leaving work?

The most common mistake is for a worker to stop coming to work in protest at a delayed salary, so the employer files the absence report first. The law gives the worker a safe route: he may leave without notice while keeping his rights if the employer breaches its obligations, provided he notified the Ministry fourteen working days before leaving and the employer did not remedy the breach despite the Ministry's notice.

The correct order is a complaint to the Ministry first, then waiting out the period, then leaving. A complaint filed before the report is strong evidence that the absence had a legitimate reason.

Domestic workers: different rules

Domestic workers are governed by Federal Decree-Law No. 9 of 2022, whose absence rules differ from the Labour Law. The employer must notify the Ministry within five days of the domestic worker's absence without a legitimate reason, and the domestic worker must notify the Ministry within two days if he leaves work without the employer's knowledge.

The domestic worker's contract ends if he is absent without an acceptable excuse during the contract year for ten consecutive days or fifteen intermittent days. The report can be cancelled if it is proven that the absence did not reach this period, that the worker was at work or on leave, or that the employer agreed to restore or end the relationship.

Employers: how to file the report correctly

Before filing an absence from work report, make sure the period is complete, document your attempts to contact the worker in writing, and keep the attendance records. Do not file against a worker on approved leave or one who has complained against you: the report will be cancelled and may be used as evidence of unlawful termination.

If you want to end the contract because of absence, the report does not replace the legal dismissal procedure: a written investigation, then a written and reasoned dismissal decision delivered to the worker, then settlement of his dues.

Absence from work report in Dubai

In Dubai, as in the other emirates, the absence report is filed and its cancellation requested through the digital channels of the Ministry of Human Resources and Emiratisation and its approved service centres. If the dispute is not resolved before the Ministry, the labour dispute is referred to the Dubai Courts. Anyone looking for a labour lawyer in Dubai for an absence report needs someone who gathers attendance evidence quickly, files the cancellation request, and links it to the claim for dues when needed.

Key periods in an absence from work report

More than 7 consecutive days

Condition for filing the report

The worker is absent without the employer knowing where he is or being able to contact him.

One year

Work permit bar

Counted from the date of absence, with specific groups exempted.

14 working days

Worker's notice to the Ministry

Before leaving work because of the employer's breach of its obligations.

20 intermittent or 7 consecutive days

Dismissal without notice

After a written investigation and a written, reasoned dismissal decision.

5 days and 2 days

Domestic workers

Five days for the employer's notice, and two days for the domestic worker's notice when leaving work.

Practical tips

Worker

Do not leave before complaining

File your complaint with the Ministry first and keep its number; it is the strongest proof that your absence was legitimate.

Worker

Gather attendance evidence now

Save attendance records, messages and salary transfer statements before your access to the company system is closed.

Employer

Document before you report

Written messages to the worker, attendance records, and confirmation that the full period has passed.

Both parties

Do not confuse report and dismissal

The report is a notice to the Ministry; dismissal is a decision with its own procedure, and each affects end-of-service dues differently.

Legal references

Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations

Cabinet Resolution No. 1 of 2022 implementing Federal Decree-Law No. 33 of 2021

Federal Decree-Law No. 9 of 2022 on Domestic Workers

Ministerial Resolution No. 74 of 2022 on Labour Disputes and Complaints Procedures

Frequently asked questions about the absence from work report

QIs an absence from work report a criminal case?

No. It is an administrative notification filed by the employer with the Ministry of Human Resources and Emiratisation, different from a criminal report to the police.

QWill the report stop me from working in the UAE again?

If your absence without a legitimate reason is confirmed, you may be barred from a new work permit for one year from the date of absence, unless you belong to an exempted group such as those on a family-sponsored residence or golden residence holders.

QHow many days of absence count as absence from work?

The report requires the absence to last more than seven consecutive days without the employer knowing where the worker is or being able to contact him. For domestic workers, the contract ends after ten consecutive or fifteen intermittent days.

QIs the report cancelled if I filed a labour complaint before it?

A prior complaint is strong evidence that the absence had a legitimate reason, and a legitimate reason is one of the cancellation cases.

QWhat if the employer filed a report while I was at work?

Gather proof of your attendance on those days, such as fingerprint records, messages and salary transfers, and apply to the Ministry to cancel the report.

QCan the employer cancel the report himself?

Yes. One of the cancellation cases is the employer's agreement to restore the employment relationship, provided the establishment is still operating.

QDo I lose my end-of-service benefits because of the report?

The report alone does not cancel the benefits, but absence may justify dismissal without notice if its conditions are met, and each case is calculated on its own facts. Days of absence after leave without a legitimate reason are unpaid.

QI am outside the UAE; can the report be cancelled?

Yes. The cancellation request can be followed up through a legal representative under a notarised power of attorney, with proof of the reason for absence.

QCan the firm help cancel an absence report?

Yes. AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS reviews the report, gathers proof of attendance or of a legitimate reason, files the cancellation request, and pursues the claim for dues where needed.

✓Legal disclaimer

The information in this article is general awareness material intended to spread legal culture in the community; it is not legal advice and does not replace consulting a qualified lawyer who reviews the facts and documents of each case. Procedures may change with new ministerial decisions.

In the event of any discrepancy, the Arabic text of this article is the authoritative reference.

Dubai

AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS provides labour lawyer services in Dubai in absence from work report files: reviewing the report, proving attendance or a legitimate reason, requesting cancellation of the absence report before the Ministry of Human Resources and Emiratisation, and claiming dues before the Dubai Courts.

Other emirates

The firm handles absence from work reports and labour disputes in Abu Dhabi, Sharjah, Ajman, Umm Al Quwain, Ras Al Khaimah and Fujairah, for workers and employers alike, from the cancellation request before the Ministry to the labour claim before the competent court.