إسأل Lawyer الآن

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Sir, If my previous employer filed Absconding case...

تم تقييم هذه الإجابة:
Sir, If my previous employer filed Absconding case against me, can I change my sponsorship to any other company with out NOC from my previous employer after paying the fine ? This is in Qatar..

إطرح سؤالك

إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

As long as there is abuse from your sponsor, you must file a complaint against him in the Ministry of Labor to cancel the malicious escape notification, while submitting your evidence of maliciousness, and then make a final exit or transfer of the sponsorship without the sponsor’s approval if the maliciousness is proven, or if you can prove maliciousness and then cancel the escape notification

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

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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

According to the Qatari Labor Law, if the employment contract is for an indefinite period, it is required to change the work place without the need for no objection, and with the knowledge of the Ministry of Labor, that you have spent a period of time serving the employer for at least five years so if the job has been left, the employer can submit a report of escape against you, which results in the ban. Therefore, the termination of work must be in agreement with your employer and according to the legal principles, otherwise the work cannot be changed to another employer, and this is fixed by the law as mentioned in the answer above, as there are no exceptions to the law in this matter

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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Unfortunately, you cannot change work / employer unless after lifting the absconding case and obtain NOC from the work employer, but in case the absconding case was arbitrary, you can file a complaint at the Ministry of Labor, and prove the arbitrariness of the report, and finish the work according legally. In such case, you will not be needed for NOC.

الرد من العميل

Thank you Sir..

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We are always happy to contact you in the legal department

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود

في الأخبار