Am I entitled to NoC?

Am I entitled to NoC?
A reader in Abu Dhabi asks: I worked for a company for more than five years. I resigned because I received another job offer. I requested an NoC from my previous company but they refused because they told me it was up to them whether to give me it or not. Can I force the company to give it to me since I worked for them for more than five years? Is there any law that states there is a minimum number of years you have to work in order to obtain an NOC? If I cannot get an NOC, how can I transfer my visa to the new company as the labour ministry will automatically give me a six-month labour ban?

As discretion, then the only thing he can do is to amicably seek an NOC from his previous sponsor. Actually no one can obligate the sponsor to grant an NOC; not even the Ministry of Labour as long as the sponsor has not breached the UAE Labour Law or arbitrarily dismissed the employee. As per the labour law, the Ministry of Labour usually in such cases, can apply a ban for six months which is automatic, upon any cancellation, without the demand of the sponsor. The questioner will have to, in case the six-month ban is stamped, exit and wait for six months before submitting a new work permit application. I would like to add that the Ministry of Labour usually asks the sponsor about an NOC letter regardless as to how long the employee has worked for the company.

Question answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahr Advocates and Legal Consultants.

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