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Absconding by definition, according to Merriam-Webster, is to depart secretly and hide oneself. The word absconding is a harsh word and is usually used for someone that is running away from something or even escaping from jail, but the general public seems to use the word in Kuwait to describe an offense of leaving an employment contract without agreeing with the employer on the termination methods. This can be very misleading. Also, from experience, I have seen employers misuse their power to file absconding cases against their employees unrightfully. Today, I will be talking about my experience handling legal cases related to absconding.
For lawyers, dealing with absconding cases is a nightmare. Many also say that the procedures and consequences for absconding cases in Kuwait are inhumane. Recently, the Kuwait Social Work Society spoke about absconding, and I hope to see more organizations and public figures speak about what is right for the people who live in Kuwait and make Kuwait a better place.
Question: I did not abscond from work - I was actually terminated verbally. I was told that I was not needed anymore and that I should just not come to work anymore. I have read your posts previously and I knew I needed a termination letter in writing. So I went back to my work and asked them for a written letter stating that I was terminated, but they refused to give it to me. They removed my desk and did not even give me a place to sit in, so I stopped going to work, and now I have an absconding case against me. What does this mean? Does it mean deportation?
Fajer: It is so unfortunate that this actually happens and it happens more often than you think. Some wicked employers have found a way against the system using legal loopholes to abuse their power. It is a sick power game that continues to happen. With this said, there are strict punishments for employers who abuse their power. Also, an absconding case can only be filed after three different inspectors are sent to your workplace and see that you are not there for seven consecutive days.
Unfortunately, absconding can very easily end with deportation. A very smart way of avoiding absconding when you are in this situation is to go and file a complaint at the Shuoon (Manpower Authority) when you are told that you are terminated. Going to a lawyer is important here, in order for you to avoid such issues. I know this means you have to bear costs, so I offer the following advice to those who are in such a situation:
1. If your salary is less than KD 150, you can call 1802-234.
2. If you cannot afford a lawyer for the case but can spare a consultation fee, then ask your lawyer how much the consultation fee is, and through the consultation they can guide you through the process.
I highly suggest that you continue going to work (even if it is difficult) until you file a complaint at the Shuoon about the situation.
By Attorney Fajer Ahmed
For any legal questions or queries, email [email protected].
