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Sacked but given NOC
Sacked but given NoC
- Gulf News Report
- Published: 00:04 November 9, 2007
A reader from Sharjah asks: My friend has been working as a clerk at a construction company in Sharjah. The company terminated his employment and gave him a NoC. But the problem is that his visa was only for two months and it was not stamped on his passport. The company cancelled it without my friend's signature. What can he do? Will he be subject to a ban?
The company is permitted to terminate the employee's employment during the probation period without any prior notice and with no gratuity or compensation. This is as per Article (37) of the UAE Labour Law which states that: a worker may be employed on probation for a period not exceeding six months during which the employer without notice or severance pay may terminate his services. A worker shall not be placed on probation more than once with the same employer. If a worker successfully completes the period of probation and continues in employment, the said period shall be calculated as part of his period of service.
The questioner's friend might be subject to a six-month ban by the Ministry of Labour even if the employer is ready to grant him an NoC letter to transfer his visa. This is due to the fact that the employee has not completed a period of one year in service as determined by the Ministry of Labour. But the questioner's friend may submit an application, enclosed with the NoC letter, to the Ministry of Labour, seeking an exemption from that condition. I believe the Ministry would review the application and issue the proper decision as per their applicable bylaws and regulations.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahr Advocates and Legal Consultants.
