There is a lot of confusion about “absconding (Matloob)” and Huroob (absent from work) and most of the time, both terms are used interchangeably. However, both are different and have different legal implications and consequences.
Definition of (Matloob) Absconding and Absenteeism (Huroob)
Huroob Definition
Huroob is considered when a worker runs away from the job without informing his employer with the intent not to return to work.
Absenteeism represents a worker who is repeatedly absent from work without any valid reason other than illness, allowed leave, or due to other emergencies.
In Saudi Arabia, the law bound the employers to report huroob for absent workers. However, now the Ministry of Labor gives the worker a chance to either transfer sponsorship or leave the country on the final exit visa during the contract period or after its expiry to avoid it.
Matloob Definition
An absconder is a person who is not only absent from work but also causes damage to the employer’s property by stealing or Intentional damage. And in return, the employer reports to the police to search and arrest the person.
Being Matloob is extremely dangerous and deprives of all rights to individuals and it becomes illegal to stay in Saudi Arabia resulting in punishment according to the law and then deportation.
How Long It Is Considered Being Absent From Work
According to the Labor law in Saudi Arabia, The employer can report huroob if an employee is absent from work for more than 30 days.
If the worker or the employer doesn’t take any action within 60 days, the employee’s status becomes “absent from work” in the labor ministry and all other relevant databases (Absher, etc.) After the stipulated period the absentee worker becomes illegal and loses all rights, protections, and privileges he gets under the law.
It should also be noted that terminating an employee itself doesn’t terminate the relationship between the worker and the employer unless the absconding is reported.
However, if the employee is absent then the sponsor will serve a notice of absenteeism and may ask the worker to give a solid reason for being absent from work.
According to labor law, an employee cannot terminate the absent worker without serving him a notice.
Serving The Notice To Absentee Worker
The employer has the right to serve the absentee notice if the worker is ;
- Absent from work for more than 30 days at regular intervals during 1 year of the contract.
- Absent from work for consecutive 15 days without any justified reason
- The employer may serve a notice in case of 20 days absentee and serve the 2nd notice in case of 10 executive absentee from work.
- The employer can dismiss the worker after serving the notices in case the worker fails to submit a satisfactory reason for the absenteeism.
Sponsorship Transfer Under Huroob
According to the new huroob updates, the employer can transfer sponsorship of the absconding worker or remove huroob in case a friendly settlement occurs.
How Can You Protect Yourself Against These Reports?
The best thing to avoid such situations is to always be at work. Keep in contact with your employer or HR department. In case of illness or emergency always inform your sponsor so that he may know the problem you are facing.
However, sometimes, the bad relations or wrong intentions of the employer can lead to reporting a false huroob. In that case, you can file a lawsuit with the labor office.
Furthermore, you can also opt for a new employer within 60 days or go back to your country on a final exit visa.
If you decide to return to your country, you can come back to Saudi Arabia on the new visa anytime.
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