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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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sir i finished 4 year in my company but company...

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sir i finished 4 year in my company but company not give me change or noc

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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 you have to get the passport back in order to change the employer. Note that changing the employer is regulated by the law as below article states:
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 the notification period shall be at least two weeks.
C) If the service period is more than five years the notification period shall be at least one month. If the contract is terminated without observing these periods, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof.
So it is not legal from the legal point of view to work twice with the employer during a trial period, especially since the law was decided once, according to the text of the law, so you can file a complaint after removing the ban in front of the Ministry of Labor and Social Affairs
Moreover, the sponsorship is not applied anymore there and it is cancelled then the relation between the employer and the worker is according to the work contract.
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 is)
• After completing five years on unfixed term contract
• The end of the fixed term contract
• The death of the employer
Therefore, you can transfer if your employer agrees then you have to submit your resignation or it may result in depriving you from entering the country once again for a year.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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