No objection certificate

Gulf News
Published: November 13, 2008, 23:54
A reader from Dubai asks: I've worked with my present company for 10 months and found a new job. I can't get NOC. As I know, once my work permit is cancelled, there will be a 6-month ban. I am willing to pay whatever fee required. What can I do to be able to join the new company? How to lift the 6-month ban?
I would like to clarify to the questioner that a 6-month ban could be lifted by the following two cases:
1. The worker shall spend 3 years with the sponsor; in this case, the worker may transfer to another sponsor without the need to No Objection Certificate from the earlier sponsor.
2. The worker shall obtain No Objection Certificate from the sponsor to enable him to transfer to new sponsor.
And thus, the ban can be lifted by only the above mentioned two cases. Therefore, the questioner may transfer to another sponsor after obtaining No Objection Certificate from the current sponsor, and maybe the questioner could offer the company a sum of money for this Certificate as compensation for the visa expenses incurred by the company.

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

Am I entitled to NoC?
Gulf News report
Published: November 02, 2007, 20:48
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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