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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Hello,
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Thanks for joining and trusting us, much appreciated!
We would like to inform you that according to the Qatari Labor Law, if the contract signed and you want to terminate it then there are legal process you have to follow to get the NOC and the exit permit by the employer. As you can’t leave the country without the employer exit permit even if the work finished, 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.
According to the Residence Law, 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
Note that who has the right to cancel the visa is only the employer so you can’t leave the country as you will face legal issues. We advise you to settle the situation with the employer as the sponsorship in Qatar is cancelled and replaced with bringing workers by contracts. Therefore it is better to solve the issue amiably with the employer.
If you have another question related with our section, feel free to ask us and we will answer with pleasure.
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Kind Regards,
الرد من العميل
I am in kuwait i am talking about kuwait
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Thanks for joining and trusting us, much appreciated!
We would like to inform you that according Kuwaiti Labor Law:
Article (44):
In the event where the term of the work contract is not specified, both parties shall have the right to terminate the same by means of a notice to the other party as follows:
a- Three months prior to the termination of the contract for the workers earning a monthly remuneration.
b- One month prior to the termination of the contract for other workers.
In the event where the party wishing to terminate the contract does not abide by the period of notice, he shall be obliged to pay the other party a compensation for the notification period equal to the remuneration of the worker for the same period.
c- In the event where the notification of termination is issued by the employer, the worker shall have the right to be absent one day or 8 hours per week in order to search for other work. He shall also be entitled to his remuneration for the day or hours of absence.
The worker shall decide on the day or hours of absence and shall notify the employer at least one day prior to such absence.
d- The employer may exempt the employee from work during the period of notification while but shall count such period within the worker’s period of service. The employer shall pay the worker all his entitlements and remuneration for the period of notification.
Article (47)
If the contract of employment is fixed term and one of its parties terminated it without a right, it undertakes to compensate the other party for the damage he suffered, provided that the amount of the compensation does not exceed the equivalent of the wage of the worker for the remaining period of the contract The nature of the work, the nature of the work, the duration of the contract and, in general, all considerations affecting the damage in terms of its existence and extent shall be taken into account in determining the damage to the parties to the contract, and the amount of compensation that may be due to the other party shall be deducted from the amount of the debt.
Therefore, if you terminate without complying with the notice period and didn't pay compensation to the employer then you will not get NOC. So you have to settle the situation with the employer and pay compensation to get NOC and change the sponsor.
If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,
الرد من العميل
I joined the my company on 15th september 2016 as they hired me directly from india..after 1.5years i got another job so i resigned..but they didnt accept my resignation as i had not completed 3years..so they made 2 years contract..i will complete my 3 years in coming september ..but according to the company contract it is till sept 2020 ,,So can i ask for release after september if i get another job?
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Welcome again!
We would like to inform you that this is related with the work contract type whether it is limited or unlimited. Therefore, resignation and termination are the worker’s rights.
If the work contract is limited and not finished, then the worker can resign, if the employer refuse then he shall complete the contract to avoid any absconding report against the worker and any ban. So he has to complete the contract to be able to change the employer to get NOC from the sponsor and cancel the visa.
If the work contract is unlimited then the worker can resign and comply with the notice period even if the company refused.
We advise you to review the previous answer.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
We are delighted to answer your question, worth to mention that you can also consult our experts on Jawabkom, as Doctors, Nutritionists, Engineers, and the list never ends
Kind Regards,
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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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