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Moheb Hassan

Moheb Hassan

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الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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Hi madam and Sir can I change company after 5...

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Hi madam and Sir can I change company after 5 years I need to know it's possible change without NOC

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

  We would like to inform you that if you worked in Qatar f and want  to transfer to another company then check the below information:

The Qatari Labor Law assures the cases to transfer the worker as below:

- A person who is linked to a fixed-term employment contract whose term has expired is eligible for NOC without the consent of the current sponsor.
- A person who is linked to an indefinite term contract and works for more than five years with the same employer is eligible for NOC without the consent of the current sponsor.
- A person who works for a fixed-term employment contract or an indefinite duration contract that has not completed the five-year period must obtain the consent of the employer in order to be eligible for the NOC for the transfer of bail.
Note that, all the above cases require the approval of the concerned authorities represented by the Ministry of Interior or the Ministry of Labor to transfer sponsorship.

Therefore, the contract shall be limited and finished its period to be able to transfer without the approval from the employer. 

Or the contract shall be unlimited and you worked for more than 5 years with this employer, then you can notify the employer about the resignation before 2 months .

If the employer violates that then you can file a complaint in the Ministry of Labor and the Human Rights in the Ministry of Interior in Qatar.

Here is the text of your Qatari 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.
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.
For the same reasons, with the consent of the Minister or his deputy, upon the application of the applicant for employment and the approval of the Ministry of Labor and Social Affairs, the arrival shall be transferred to another employer.

 

According to the Qatari Labor Law states the below:

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:
  3. A) If the period of service is less than one year the notification period shall be at least one week.
  4. 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.
  5. 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.

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Moheb Hassan

Moheb Hassan

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الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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