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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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I resigned after working for 2 months now they are...

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I resigned after working for 2 months now they are asking 500 OMR to cancel my visa
Lawyer's Assistant: Where are you located? It matters because laws vary by location
BARKA MUSCAT OMAN
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Ni

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Thanks for joining and trusting us, much appreciated! We welcome you to join us in the legal section.
We would like to inform you that according to the Omani law, the person who bears the costs of canceling the visa is the employer unless otherwise agreed with the worker unless there is also a statement by the worker that resulted in the termination of the employer to work for the worker as stipulated by the law regarding the termination of work as follows
to be able to change the employer then then termination shall be legal. So if there is violation by you for the contract and you didn’t complete the contract, then the employer can refuse granting you the NOC beside report absconding against you and ban you. So to take the NOC you have to notice the below:
Article 37:
If the contract is for an unlimited period, any party may choose to terminate it by giving the other party a thirty day written notice of termination in case of employees who receive their salaries monthly, and fifteen days for other employees unless it is agreed in the contract for a longer period.
If the contract is terminated without such period being observed, the party who terminates the contract will be obliged to pay to the other party a compensation equal to the gross salary of the notice period or the remaining part thereof.
Article 43:
The contract of employment may expire in any of the following events:-
Upon the expiry of its period or by completion of the work agreed upon.
Upon the death of the employee.
If the employee becomes incapable of carrying out his work.
Upon resignation or abandonment of work in accordance with the provisions this law.
If the illness of the employee requires discontinuation of work for a continuous or interrupted period of not less than ten weeks within one year.
The employees' incapacity or illness shall be proved by a medical certificate and proof of age shall be by the same certificate if it cannot be proved by birth certificate or on official printout of the same and the medical certificate must be issued by the Medical Committee, which will be convened by a decision from the Minister of Health in co-ordination with the Minister for the purpose of implementing the law, and such decision must contain the organisation of work procedures, and the decision of the said Committee shall be final.
The contract may not be terminated by the employer unless the employee attains, the age of sixty at least.
The employer shall, in case the contract is terminated for any of the reasons referred to above, pay the end of service gratuity provided for in Article (39) to the employee or his successors if the employee is not subject to the rules of the Law of Social Insurance
Therefore, if the termination was legal and the employer was arbitrary in granting you the NOC then you can file a complaint in the labor office and they will give you the permit to change the employer.
If you have another question, feel free to ask us and we will answer with pleasure.
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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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