asha12
I have a contract with my company to work for 3 years and will be extended further by mutual consent of both parties. My contract clearly states how much will be my basic salary and the complete package salary to account for the house rent, car, etc.
My contract says that if i resign from my job within this 3 year period then i have to pay one months salary towards the expenses of visa, training, etc.
1) So is this a limited contract or a unlimited contract ?
2) If i terminate my job and pay the 1 month salary as compensation then am i entitled for a noc from my employer legally?
3) To terminate my job i have to pay 1 month's salary towards the visa, training,etc fees. Does that mean 1 month's baisc salary or the the completed package salary of 1 month.
Need feedback please.....
Chocoholic
Sounds like a load of BS to me. I don't think anyone should have to pay for their visa! PLus companies charge people thousands, for something that costs a few hundred.
dbxsoul
- asha12 wrote:
I have a contract with my company to work for 3 years and will be extended further by mutual consent of both parties. My contract clearly states how much will be my basic salary and the complete package salary to account for the house rent, car, etc.
My contract says that if i resign from my job within this 3 year period then i have to pay one months salary towards the expenses of visa, training, etc.
1) So is this a limited contract or a unlimited contract ?
2) If i terminate my job and pay the 1 month salary as compensation then am i entitled for a noc from my employer legally?
3) To terminate my job i have to pay 1 month's salary towards the visa, training,etc fees. Does that mean 1 month's baisc salary or the the completed package salary of 1 month.
Need feedback please.....
1. This sounds like a Limited Term contract. The type of contract is normally specified on the contract document. The compensation clause is particular to a limited term contract; the compensation is normally 1.5 months (6 weeks salary) payable by the party which breaks the contract. The compensation would be based on the BASIC salary component.
Please note that because you are still under probation this does not apply to you!
2. NO. An NOC is not an entitlement and the sponsor is NOT obliged to give you one, it is at his/ her discretion. You should also be aware that if you break a Limited Term contract early (before the 3 years) for what-ever reason you will be banned - NOC or no NOC
3.
This is not legal . The employer cannot compel you to pay any costs associated with your employment, unless you gave false credentials and this is the reason for your probation being ended.
asha12
- dbxsoul wrote:
- asha12 wrote:
I have a contract with my company to work for 3 years and will be extended further by mutual consent of both parties. My contract clearly states how much will be my basic salary and the complete package salary to account for the house rent, car, etc.
My contract says that if i resign from my job within this 3 year period then i have to pay one months salary towards the expenses of visa, training, etc.
1) So is this a limited contract or a unlimited contract ?
2) If i terminate my job and pay the 1 month salary as compensation then am i entitled for a noc from my employer legally?
3) To terminate my job i have to pay 1 month's salary towards the visa, training,etc fees. Does that mean 1 month's baisc salary or the the completed package salary of 1 month.
Need feedback please.....
1. This sounds like a Limited Term contract. The type of contract is normally specified on the contract document. The compensation clause is particular to a limited term contract; the compensation is normally 1.5 months (6 weeks salary) payable by the party which breaks the contract. The compensation would be based on the BASIC salary component.
Please note that because you are still under probation this does not apply to you!
2. NO. An NOC is not an entitlement and the sponsor is NOT obliged to give you one, it is at his/ her discretion. You should also be aware that if you break a Limited Term contract early (before the 3 years) for what-ever reason you will be banned - NOC or no NOC
3. This is not legal . The employer cannot compel you to pay any costs associated with your employment, unless you gave false credentials and this is the reason for your probation being ended.
I want some clarification on your views as above.....
Point No. 1 - My contract doesnot specify if it is a limited or unlimited contract. ( DO i need to get it specified ? ) But my contract specifies that i have to pay 1 months salary if i want to resign within my contract period. That implies after the probation period. (and not 6 weeks salary, but there no mention of this 1 month's salary would be basic or whole package salary)
Point No. 3 I didnot understand it - U mean when in probation period and then removed by employer then offcourse i dont have to pay any thing. Also if the employer removes me then also i dont have to pay anything.
But it is not still clarified that if the employer removes me from my job during my probation period then do i still need a noc to get another job. ?
Thanks for providing for all the information needed. This will be useful for me to make the changes to my contract when still there is time as the employer is intending to renegotiate my contract after he has procured a visa for me. I think this not fair, that we wait for almost a month to get the visa then they renegotiate salary . We are stuck and have not choice if we want to avoid searching again from scrath.
dbxsoul
- asha12 wrote:
- dbxsoul wrote:
- asha12 wrote:
I have a contract with my company to work for 3 years and will be extended further by mutual consent of both parties. My contract clearly states how much will be my basic salary and the complete package salary to account for the house rent, car, etc.
My contract says that if i resign from my job within this 3 year period then i have to pay one months salary towards the expenses of visa, training, etc.
1) So is this a limited contract or a unlimited contract ?
2) If i terminate my job and pay the 1 month salary as compensation then am i entitled for a noc from my employer legally?
3) To terminate my job i have to pay 1 month's salary towards the visa, training,etc fees. Does that mean 1 month's baisc salary or the the completed package salary of 1 month.
Need feedback please.....
1. This sounds like a Limited Term contract. The type of contract is normally specified on the contract document. The compensation clause is particular to a limited term contract; the compensation is normally 1.5 months (6 weeks salary) payable by the party which breaks the contract. The compensation would be based on the BASIC salary component.
Please note that because you are still under probation this does not apply to you!
2. NO. An NOC is not an entitlement and the sponsor is NOT obliged to give you one, it is at his/ her discretion. You should also be aware that if you break a Limited Term contract early (before the 3 years) for what-ever reason you will be banned - NOC or no NOC
3. This is not legal . The employer cannot compel you to pay any costs associated with your employment, unless you gave false credentials and this is the reason for your probation being ended.
I want some clarification on your views as above.....
Point No. 1 - My contract doesnot specify if it is a limited or unlimited contract. ( DO i need to get it specified ? ) But my contract specifies that i have to pay 1 months salary if i want to resign within my contract period. That implies after the probation period. (and not 6 weeks salary, but there no mention of this 1 month's salary would be basic or whole package salary)
Okay. It sounds like you have a translation or "office copy" of your contract (which does not have all the information). The legal contract would have been given to you to sign is a double sided English/ Arabic document with a few bar-codes on. You would have been required to sign at the bottom of the back page. The contract would clearly state Limited or Unlimited duration. The official contract would also state the basic salary, perks, leave entitlement and probation period.
Point No. 3 I didnot understand it - U mean when in probation period and then removed by employer then offcourse i dont have to pay any thing. Also if the employer removes me then also i dont have to pay anything.
But it is not still clarified that if the employer removes me from my job during my probation period then do i still need a noc to get another job. ?
No. The law is not very clear on this, and a grey-area does exist, but in practice if you are removed from your job during your probation period you are banned without the option of getting an NOC . No chances, no excuses and no way around it . Banned for being employed for 6 months.
If you read through the main posting you will see all the conditions that have to be met in order to avoid being banned, it is not a single thing, but a number of conditions that have to be met.
The law is also very clear that the employer is responsible for all and any expenses or charges that may arise while employing someone . The employee can be held responsible only if they are dismissed from service under an Article 120 offence and are found guilty of the offence by a court of law.
I'll post a link to Article 120 offences below.
Thanks for providing for all the information needed. This will be useful for me to make the changes to my contract when still there is time as the employer is intending to renegotiate my contract after he has procured a visa for me. I think this not fair, that we wait for almost a month to get the visa then they renegotiate salary . We are stuck and have not choice if we want to avoid searching again from scrath.
I don't quiet understand what you have written here??? In all your other posts you say quiet clearly that you are employed and under probation?
dbxsoul
A post I did a while back on the "Official Labour Contract", see halfway down the posting there is an item titled
Article 120 . These are the conditions under which an employee can be dismissed immediatly - note the conditions attached to the dismissal though!
Under certain circumstances the Labour Department will allow the employer to deduct reparations for damages or loss of revenue.