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Obtain NOC in order to join another company |
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Written by Administrator
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Monday, 16 June 2008 19:15 |
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QI: I used to work as a draftsman with a construction company here. I went home on leave, but could not come back for personal reasons. I sent my resignation letter and return ticket to the company,
which surprisingly declared me absconder.
When I applied for a new visa, my application was rejected. How can I seek lifting of the ban in order to get a fresh visa?
AI: I advise you to seek an amicable settlement with your previous employer in order to withdraw all complaints and the ban. Also, obtain a no-objection certificate (NOC) to join another company.
For this, you may have to compensate your previous employer for the damages incurred by the company.
Q2: I used to work with a firm in the Dubai Airport Free Zone. I agreed on a non-competition clause, whereby I cannot join another company running similar business activities for six months after resignation.
Due to personal problems, I resigned before completing six months in service. A one-year ban was issued against me. I re-entered the UAE on a visit visa few months later. I got a good job offer and left
the country on expiry of my ban period. When the new company applied for an employment visa they found the ban was extended for another year. Is such extension
legally sound? What should I do to get the ban removed?
A2: Normally the authorities impose a six-month ban in case of an ordinary cancellation, which does not include any violation of the Labour Law.
One-year ban is usually imposed if there is a violation of the Labour Law.
From your letter, I understand that the time limit that you have agreed to abstain
from joining with your previous company's competitors is over.
Therefore, the company cannot extend the ban arbitrarily. Similarly, without your permission the company has no right to obtain visit visa in your name.
For a remedy, you may refer your case to the Airport Free Zone Authority, and if you are not satisfied with the solution offered by them then you may seek legal recourse in the competent court.
Q3: My mother has a valid residence in Dubai. How ever she does not live here.She justs vists us from time to time. Being old, she could not come back to Dubai within the stipulated six months. Is her visa still valid?. Can she come back again? If not what can we do to solve the problem.
A3: As per the UAE law, the maximum time limit for an expatriate residence visa holder to stay away from the country is six months from the date of departure. Mter that period, such visas will be automatically cancelled. In Certain cases, such as students studying outside UAE,
the department concerned may extend the six-month time limit for re-entering the country.
In your mother's case you may approach the department concerned with necessary documents such as medical reports for an extension. Source KT legal view
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Last Updated ( Monday, 16 June 2008 19:35 )
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