ANS: This matter is considered as a clear breach of the labour contract and labour laws of UAE. The employee is trying to abscond from joining his duties. You can legally file a Absconding case before the Labour Department and also before the Immigration Department . This subject is covered and dealt under the provisions of Federal Law No (8) of the year 1980which is the UAE Labour Law.
The law permits you to file an absconding complaint with the Ministry of Labour against the employee since he has neither given you a resignation letter nor you have granted him the leave. Once the charge of absconding is proved, disciplinary action will be taken against the employee and the Labour Department will approve the termination of the Employee who is absconding. Further, the Employee will also be permanently banned from working in the country..
Here the employee may be treated as an absconding employee as per Article (1) of the
Ministerial Resolution No (721) of 2006 which deals with the procedures for Runaway reports. The runaway report shall be applied to the worker who has been away from his work for more than seven consecutive days, if his employer declares that he is not aware of his whereabouts and that there is no valid reason for being away.
Hence you are advised to file absconding against the employee in the Ministry of Human Resources and Emiratisation as well the General Directorate of Residency and Foreign Affairs.
As a matter of general advice, employees are always adviced to keep the Employer informed about all your activities related to work when you are on a visa with an employer, on the other hand Employers are also adviced to update the Labour Department and the Immigration Department of all matters or any changes ,that are related to the Employee.