There is a lot of confusion about “absconding (huroob)” and “absent from work” and most of the times, both terms are used interchangeably. However, both are different and have different legal implications and consequences.
Definition of (Huroob) Absconding and Absenteeism
Absconding or 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.
If the employer reports a worker with huroob status (Absconding), the worker may face severe penalties including huge fines or imprisonment with deportation from the country. The Saudi authorities have set regulations to protect the worker from huroob unless the worker violates it and isn’t willing to get benefit from the law.
In Saudi Arabia, the law bound the employers to report huroob for absconders. 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.
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 of 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 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.
However, the sponsorship transfer doesn’t cancel the huroob status but it changes the huroob report to an absentee report in the ministry’s record.
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.
Also Read:- What Are Huroob Types, Ban Duration And Penalties
- How To File a Case Against False Huroob In Labor Office
- How To Check Huroob Status Online In KSA
- How To Cancel Huroob In Saudi Arabia – Jawazat New Update
- 8 Situations The Expat Worker Can Transfer To Another Sponsor Without Any Condition