New rules for NOC

If I quit work my managing director would request the Ministry of Labour to impose a six-month ban

  • Published: 20:02 January 20, 2011

SUBJECT
Employment

I have worked in a company under a contract for limited period which expires on March 2012. I have got a job offer with a better salary and entitlements. However, when I checked this matter with the company, where I am currently employed, the managing director did not agree on the same saying that if I quit work he would request the Ministry of Labour to impose a six-month ban. My question here is; as per the new law, the Ministry of Labour entitles those who have completed two years in service with the employer to transfer to a new employer without the need for No Objection Certificate (NOC), note that I have completed more than two years. Please advise me, thank you.

I would like to clarify to the questioner that the new decisions of the Ministry of Labour indeed entitles the employee who completed two years in service with the employer to transfer to a new employer without the need for No Objection Certificate but for this purpose it required that the contract shall be for unlimited period. But if the contract is for a limited period, the employee must not break the contract before the term, otherwise, he shall lose his labour rights. Besides, the employer would be entitled to apply for the Ministry of Labour to impose a one-year ban on the employee. Therefore, I would advice the questioner to settle this matter with the employer amicably to avoid violating the Labour Law.

- Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.