I was working with a contracting company as a draughtsman since December 9, 2006. My visa was issued in Fujairah. I submitted my resignation letter on October 9, 2008 and the company approved the same. I was told my cancellation and dues were being processed. In the meantime, I received a better offer from another company. However, my old employer now refuses to give me NOC. In these circumstances, can I accept my new offer? Will a six-month ban be applicable in my case and would my new employer be able to get it revoked.

We would like to tell the questioner that, as per the law of the Ministry of Labour currently applied, he must remain with the current employer continuously for a period of three years to be able to move to a new employer without the need for a no-objection certificate to transfer the sponsorship. In case of failure to complete such period, he shall try to obtain NOC from the current sponsor amicably to avoid the ban. Once the ban is invoked, no party can lift it except the current employer. Therefore, in case the questioner failed to obtain the NOC, he may not move to another company except after a period of six months.

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