Visas and Residency
CautionWhen a foreign worker absconds: what the employer bears if the report is delayed
When a foreign worker absconds, the employer starts with a report at the police station nearest the business, then files the report with the Labour Market Regulatory Authority and, once approved, lodges a 300 dinar deposit that covers the worker's ticket home. Every day of delay keeps the worker the establishment's responsibility and keeps the visa tied up in its labour quota.
Why it cannot wait
When a worker stops turning up, many employers prefer to wait in the hope that the worker will return. Throughout that time, however, the worker is still registered under the establishment and the work permit is still issued in its name. Anything that happens to the worker, or because of the worker, is attributed to the establishment and no one else.
An early report is what separates the employer's responsibility from the worker's conduct after absconding. An employer who delays bears consequences that have nothing to do with the business, and finds operations held up just when additional workers are needed.
The right steps when a worker absconds
- 1
Report to the police station
The first step, as soon as the worker's absence is confirmed: file a report at the police station nearest the business premises, so the date of absconding is officially recorded from day one.
- 2
Record the absence
Keep a record of the days of absence and of attempts to contact the worker. The Authority accepts the report once the worker has been absent for fifteen consecutive days without excuse.
- 3
Prepare the documents
The report form, the worker's attendance record for the last three months, the last three salary receipts, and a copy of the employment contract.
- 4
File the report with the Labour Market Regulatory Authority
It is filed through the Authority's system for an administrative fee of five dinars, and review takes about eleven working days.
- 5
Lodge the deposit after approval
Once the application is approved, the employer lodges 300 dinars with the Authority. If the worker is found, the worker is deported and the ticket home is paid from this deposit.
What happens if you do not report
You remain responsible for the worker
If the worker is caught working elsewhere, gets into trouble, or anything happens to them, the establishment is answerable to the authorities, because it did not report the worker, who is still registered under it. This is the greatest harm an employer faces.
A visa tied up in the labour quota
The worker still counts towards the establishment's workforce, so the visa stays tied up with it. The employer cannot request a higher labour quota or obtain additional visas until the absconding procedure is completed.
Growth held up at the worst moment
The impact usually surfaces when new workers are needed for a new contract or project. The employer then has to start the procedure from scratch, and hiring is delayed by weeks that could have been avoided.
Losing the permit validity condition
The Authority requires the worker's permit to be valid for at least fifteen days when the report is filed. An employer who waits until the permit is close to expiry makes the procedure harder.
The ticket still falls on you
Cancelling the worker's permit does not release the employer from the cost of returning the worker home, which is why the deposit exists to cover it.
Conditions for the Authority to accept the report
| Condition | Detail |
|---|---|
| Period of absence | Fifteen consecutive days or more without excuse |
| Worker's permit | Valid for at least fifteen days after the fee is paid |
| Commercial registration | Active and valid |
| Violations | No violations recorded against the establishment |
| Worker's location | Inside the Kingdom of Bahrain |
| Fee | Five dinars |
| Deposit after approval | 300 dinars |
A practical example
A worker absconded from an establishment, and the owner decided to wait two months in the hope that the worker would come back. The establishment then won a new contract needing five additional workers. When it applied for visas, it found that the absconding worker still counted against it, and that the quota could not be raised until the absconding report was completed. The owner then started with the police report, then the Authority, then waited for approval and cancellation, while the new contract waited. Had the report been made in the first week, the visa would have been available when it was needed.
How to prepare before it happens
Regular attendance records
A daily record of each worker's attendance. This is the first thing the Authority asks for with the report, and it proves the date of absence if the worker objects.
Documented salaries
Pay salaries on time through the approved channels and keep the receipts. The report requires the last three salary receipts, and late salaries weaken the employer's position.
Tracking permit expiry
Know each worker's permit expiry date in advance, so that a permit does not approach expiry while the worker is absent and the condition for accepting the report is lost.
A clear internal procedure
Name a person in the establishment who is informed as soon as any worker is absent for two consecutive days without excuse, so contact and documentation begin without waiting for the owner's decision.
An up-to-date employment contract
Keep a signed copy of the employment contract and the worker's current contact details. The contract is one of the report documents, and not having it delays filing at a time when delay is costly.
Points many employers overlook
The report cannot be withdrawn after approval
Once approved, the report cannot be cancelled, and the worker can no longer request a transfer to another employer. Verifying the absence must come before filing.
The worker can object
The worker may object to the report within thirty days of its filing. Attendance records and regular salary receipts are what protect the employer if the worker objects.
Violations delay acceptance
A violation recorded against the establishment prevents the report from being accepted until it is resolved, and the worker stays on the establishment's file throughout.
Domestic workers
A separate reporting procedure applies to them, with different conditions and periods, and they are not covered by this guide.
Sources
Decision No. (77) of 2008 of the Minister of Labour, Chairman of the Board of the Labour Market Regulatory Authority, on the employer's obligations where a foreign worker leaves work in breach of the work permit conditions; Labour Market Regulation Law No. (19) of 2006; and the Labour Market Regulatory Authority's service guide for the expatriate employee absence from work notification.