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Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29736 | نسبة الرضا 97.6%

Lawyer

Good morning, I am working in a company and I got...

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Good morning, I am working in a company and I got an offer letter from another company which I signed and I wanted 5o move , however the new company have sent Me an labor work agreement to sign while I am still working in the current company and I haven't put my resignation yet , As far as I know labor agreement can be given and signed only when my current work will cancel my labor card and then the new company can apply for a labor contract and ask me to sign it. Can I clarify on that pls

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إجابة الخبير: Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29736 | نسبة الرضا 97.7%

Regarding your inquiry about changing the sponsor, please note that one of the conditions for transferring sponsorship is the presence of a valid residence permit for the worker and a valid work card.
The end of the amicable work relationship between the worker and the employer, and at least two years have passed since the worker worked for the employer, unless he is one of the categories exempted from this condition in accordance with the law.
The worker’s sponsorship may be transferred without the consent of the employer in the event:
The employer did not fulfill his obligations towards the worker, for example: non-payment of the worker’s wages
The employer did not put the worker on his job because of the closure of the facility, and the worker filed a complaint against him to the Ministry of Labor
A court ruling was issued in favor of the worker, including the right of the worker to receive a wage of at least two months, or a ruling for compensation for unfair dismissal, or any other rights of the worker
The employer terminates the employment contract, or does not renew it
The guarantee may be transferred without being bound by the two-year period if:
The new job is at skill level 1, 2, or 3 (see Terminology)
The wage for the new job was not less than 12 thousand dirhams at the first skill level, seven thousand dirhams at the second skill level, and five thousand dirhams at the third skill level.
The employer breached his obligations towards the worker, such as non-payment of wages
The employer did not attach the worker to his work due to the closure of the facility, and the worker submitted a complaint against him to the Ministry of Labor
A court ruling was issued in favor of the worker, including the right of the worker to receive a wage of at least two months, or to award compensation for unfair dismissal, or any other rights
The worker has moved to another facility owned or jointly owned by the employer.
The sponsorship transfer request is submitted according to the following procedures:
The new employer submits a request to transfer the sponsorship to the labor office to which the new establishment belongs, through the mail or the Labor Department office.

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Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29736 | نسبة الرضا 97.6%

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