Reader asks: I am currently reaching the end of my six-month probation period for a company in Abu Dhabi. Now I have got a better offer from a company in Dubai. How can I join the new company with minimum issues?
Expert answers: I would like to clarify to the questioner that if he wishes to leave the current sponsor and transfer to the new sponsor, as per the law, he may not do the same unless he gets the consent of the current sponsor since the questioner has not completed three years with his current employer.
Issue with NOC
Reader asks: I have read several questions regarding NOC (no objection certificate) issues. Some people say you do not need it after you have completed two years. Some say it's three years. While some say if the companies involved are in the same business, an NOC is needed regardless of the number of years. What does the law state? I am employed with an insurance company (non-free zone) for three years now (working since Sept 2007), however, my labour card expires in January 2011. My company has a policy of not issuing NOCs. Can I transfer to a non-free zone insurance company without an NOC or any hitches? I have a letter from the company confirming my appointment effective Sept 2007. Will the Labour Ministry consider that I have completed three years?
Expert answers: In order to transfer the sponsorship without the need for a No Objection Certificate, as per the Labour Law, the employee is required to work with the employer for three consecutive years. This is applied to all workers, regardless of the scientific degree or type of company. This law is also applicable to all companies which are directly governed by the Ministry of Labour and non-applicable to companies which are governed by the free zone law. As for the question on the possibility to work with a non-free zone company, I would like to clarify that since the questioner has completed three years with the current employer, he may work with any company whether free zone or non-free zone company without the need for a No Objection Certificate from the current sponsor.
Competitive company
Reader asks: My labour contract expired on September 16. However, the validity of the visa was up to October 7. On receiving the dues and end-of-service benefits from my company, my visa was cancelled on September 30. I was working as a civil engineer with a consulting company. I got an offer from another consulting company, but I am not able to get an approval from the Labour Department as they say that my term was not complete on September 30. There's also a condition on my expired contract stating that I am not allowed to work for two years with a competitor company. I am not able to get an NOC from my previous sponsor. What is the way to get the approval and what is stopping my work permit approval?
Expert answers: It seems to me that the questioner might not have completed three years with the current employer to be entitled to work for a new employer without the need for No Objection Certificate. Also, the questioner, as per the law, based on the condition contained in the contract, may not work with a competitive company within the agreed period. However, the questioner is entitled to work in another non-competitive company.
