What is the easiest way to switch jobs?

What is the easiest way to switch jobs?

Mitzi Rigor from Abu Dhabi asks: I have worked for an institute for two years and have now opted to find another job due to marital reasons. Is it necessary for me to present an appointment letter from my new employer to my previous employer to be able to get a no-objection certificate (NOC) or can I request an NOC without informing my previous employer as to what company I will be joining after my resignation? Which is a better option, to exit and return on a visit visa, or proceed with transfer procedures?

The questioner is advised in such a case to make sure his sponsor does not mind granting him an NOC in order to transfer his visa, before submitting his resignation. If the questioner submits his resignation without getting such a certificate, he will be subjected to a ban period of six months, or even one year if there has been a violation of the labour contract.

Thus the questioner is advised to get the NOC first, it is essential in such a situation for the NOC to be enclosed with the new labour permit application to be submitted by the new sponsor. Such a method is the easiest and least expensive way for the questioner; as it means he does not have to exit the country.

However, if the questioner wishes to exit the country and cancel his visa, and in case the ban for six months is applied against him, he may lift the ban after obtaining an NOC from his previous sponsor and after paying the imposed fees related to the ban. After that, he may apply for a new labour permit and transfer to his new employer. He may re-enter the country by applying for a visit visa, which can be granted in Dubai only, and therefore we advise whoever has such a labour ban to enter the country through Dubai airport.

Notice period query

A reader from Dubai asks: I have worked for a company in Jebel Ali Free Zone for the last three years. In my appointment letter, the notice period was 30 days. I was given an increment letter after two years, in which the notice period was extended to three months, and signed by me on the company's letterhead, and given to the company. I have submitted my resignation to leave the company in 30 days, but the company is asking me to work for three months or pay three months' salary. Will I get legal support to leave the country on completion of 30 days or is there any validity for the increment letter, which shows an extended notice period from 30 days to three months?

We would like to inform the questioner that as long as he has signed such an increment letter, which includes the extension of the notice period from one month to three months, then he is obliged either to work for the employer during that specified period or to compensate the employer for such a period.

My visa has expired

A reader from Sharjah asks: I work for a company in Sharjah, but I had a health problem and had to go to my home country for treatment. My visa expired while I was away and I was only told two days before it expired. I could not find a flight in time. What are the penalties?

I would like to state the questioner will not be able, in any way, to re-enter the country with an expired visa. In such a situation the questioner is advised to ask his sponsor to cancel his visa with the Ministry of Labour, while he is outside the country, and after completion of the cancellation procedures the sponsor will have to apply for a new labour permit with the Ministry of Labour and then a new visa will be issued to enable the questioner to enter the country once again.

Will I get a labour ban?

A reader from Dubai asks: I am a chartered accountant from India and have been working in Dubai for a year. Recently I resigned as I was offered a better job offer after completing 11 months and 10 days in my company. Will a ban be placed on me? If yes, can it be lifted by paying the necessary fine? Are chartered accountants from India an exempt category?

If the questioner's labour contract is for an unlimited period, and terminated by the questioner during the period specified in the question, then in such a case a six-month labour ban will be applicable, which will prevent the questioner from transferring to a new employer before the lapse of the period of the ban or unless an NOC to transfer the visa is obtained from the previous sponsor. In case the employee, who is a holder of a high educational degree, fails to obtain an NOC from his previous sponsor, then he might submit an application to the Minister of Labour seeking an exemption from being banned and permission to transfer his visa; such an application will be subject to approval or rejection.

However, if the questioner's labour contract is for a limited period, and terminated by the questioner before its expiry, then the questioner in such a case is considered to have committed a breach and violation of the Labour Law leading to a one-year ban, if so requested by the sponsor.

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