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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hello, on February i resigned from my previous job...

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Hello, on February i resigned from my previous job as I found a new challenge and expecting me to join in March after a month notice period. However due to pandemic they couldn’t hire until June. My previous employee was nice enough to cancel my visa until I could start in the new work. However, my new employer couldnt seem to apply my up until now. I felt that they don’t have a plan of applying it even with numerous follow up they always just say yes we applied and will get back to you for the last 4months. I decided to resign as I don’t see the future in this company. Do my current company has the responsibility to pay for my over stay? And should I expect any compensation?

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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 if you mean to change the work and the visa, yes, it can be done, but according to specific controls.
First, the work must be completed according to the legal principles so that you wouldn’t subject to the ban because of escape report by the sponsor.
In addition to changing the work and visa, it requires obtaining a NOC from the sponsor.
As for the completion of the work for the purposes of changing the work and visa, it must be done in accordance with the provisions of the law.
Article (113):
The employment contract ends in any of the following cases:
1. If the two parties agree to terminate it, provided that the consent of the worker is in writing.
2. If the period specified in the contract expires unless it has been explicitly or implicitly extended in accordance with the provisions of this law.
3. Based on the will of one of the parties in contracts of indefinite duration, provided that they abide by the provisions of this law relating to warning and the acceptable reasons for terminating the contract without arbitrariness.
Article 117
1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. For the daily-paid workers, the notice period shall be as follows:
• One week: if the worker has been employed for more than six months but less than one year.
• Two weeks: if the worker has been employed for not less than one
year.
• One month: if the worker has been employed for not less than five
years.
Article 118
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
Article 119
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as
a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of
monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.
Note that after resignation and accepting it that requires NOC and cancelling the visa by the sponsor or any other representative.

الرد من العميل

Thank you. It’s just that my current employer didn’t apply for my new visa so now that I’m leaving them, Im afraid i have a huge amount of overstay fine to pay. Can I make them responsible for the payment fine, since they never applied for my visa at the beginning? And will I be entitled for any end of service compensation?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear regarding the fines related to the violation of residency here and frankly the phrase, and to clarify who bears them is the worker and not the employer unless it is agreed to be borne by the employer and the agreement was written.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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