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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

I would like to know about obtaining an NOC. Is it...

تم تقييم هذه الإجابة:
I would like to know about obtaining an NOC. Is it true that you don’t need an NOC if you have finished one year of your contract

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الرد من العميل

Do you still need an NOC even if you want to change jobs before the period of your contract ends

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Qatari labour law,
Article (49)
If the service contract is of an indefinite duration any of the two parties thereto may terminate it without giving the reasons for the termination. In this case the party intending to terminate the contract shall notify the other party in writing as follows:
1. In respect of the workers who receive their wages annually or monthly, the notification shall be given not less than one month prior to the date of the termination. If the period of service is five years or less. If the period of service is more than five years, the notification period shall be at least two months prior to the date of termination.
2. In all other cases the notification shall be given in accordance with the following periods :
A) If the period of service is less than one year the notification period shall be at least one week.
B) If the period of service is more than one year and less than five years
C) the notification period shall be at least two weeks.
D) If the service period is more than five years the notification period shall
E) be at least one month.
Note that the sponsorship system is not in use in Qatar anymore as according to the below article:
Article 21
The employer, the Competent Authorities, and the Ministry of Labor and Social Affairs may agree to transfer the Foreign National laborer to another employer before the time limit in the contract has been reached or after five years of working for the employer if the contract did not specify a time period.
The Foreign National laborer may, with authorization from the Competent Authorities and the Ministry of Labor and Social Affairs, transfer to another employer in the event of the Recruiter’s death or dissolution of the body corporate for any reason.
In all cases, the employer serving as the Recruiter shall not have his legal rights, or the contract between him and Foreign National, violated, in accordance with the referenced Labor Law.
The aforementioned article organized the cases of which the employee can transfer to another company as follow:
• With an approval from the employer (Whatever the contract type is)
• After completing five years on unfixed term contract
• The end of the fixed term contract
• The death of the employer

الرد من العميل

But if the end of the fixed term contract is reached, will the employee require an NOC from his employer to change jobs and sponsorship once the fixed term contract ends

الرد من العميل

Has the new law come in to effect whereby the employee will no longer need an NOC

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear law, it is clear that if the specified contract was a contract from the end of the contract, the work was limited to two years, then the employer could be changed without the need to not mind it, and the contract was not specified, then the service must be extended for a period of not less than five years, or the employer could impose the ban

الرد من العميل

Ok my apologies for so many questions but I would like to clarify. If the period of the contract is specifically mentioned as 2 years then at the end of the 2 years the contract will finish and therefore the employee will not need an NOC to change employment and sponsor. Am I correct?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Yes, this is correct, and the legal text is Article (21) of the Qatari Residence Law in the previous answer. Thank you

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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