refused noc?

Q: Hi, im working in a real estate as a secretary here in dubai, i started last march 2007 but i got my employment visa visa july 2007 (unlimited contract). I will be 1 year next month. I have a better offer in other company, but my current employer is not willing to give me noc. can i still transfer to other company? what are the consequences? thanks

A: You are on an unlimited contract - good. You stayed with your current employer for a whole year - good. Means you have the right to resign by giving a 4 weeks notice and are entiteled to receive your graduity pay. 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. You have two choices: 1. you find an amicable solution and will receive the NOC or 2. you'll find a job at any Free Zone because the six months labour ban does not exist working at Free Zones. Please be aware that working on a visit visa is considered illegal and the Authorities are getting real strict right now. Good luck and all the best!

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