إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Sir, If my previous employer filed Absconding case...
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
الرد من العميل
Getting favor from any court in the present situation seems difficult. Also that will take a lot of time. So can I pay the penalty for the absconding case(QR 12,000) and change the sponsorship to any other employer without NOC from previous employer?
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
According to the given facts and for clarification purposes, we would like to inform you that if your contract is limited, then you must obey to the contract period in order to avoid paying compensation to your employer. Moreover, if your limited contract is valid, then you can’t transfer the guarantee without the employer approval.
However, if your contract is unlimited and you spend 5 years, then you can apply to another job without the employer approval. Keep in your mind that you must obey to the notification period that issued in your 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, nor the contract between him and Foreign National, violated, in accordance with the referenced Labor Law.
Article (22)
The Minister or his representative may authorize the temporary transfer of a Foreign National laborer to another employer in the event of a legal suit existing between the Foreign National and his Recruiter, on the condition that the Ministry of Labor and Social Affairs agrees, as regards the laborer who is subject to the referenced Labor Law.
The Minister or his representative may authorize the transfer of a Foreign National laborer who is not subject to the referenced Labor Law to another employer if proven that the Recruiter was abusive, or if required by the general welfare.
الرد من العميل
My contract was unlimited. But how come all these applicable if I'm terminated by the company. While I was searching another job they filed Absconding. Now I got a job. Am I able to transfer sponsorship just by paying fine and without NOC from previous employer? I joined the previous company with NOC only.
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
الرد من العميل
Please I need an Yes or No answer.My job contract is terminated by mutual agreement serving after 1 Yr 9 months. Unlimited Contract. Filed Absconding while I was searching another job. Am I able to change sponsorship without NOC from current Sponsor?
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
الرد من العميل
Thank you Sir..
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
- 100% ضمان الرضا
- انضم الى 8 مليون من العملاء الراضين