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Saturday 21 November 2009 (03 Dhul Hijjah 1430)
 

Law and You by Mohammed Jaber Nader

 
 

P.P.L. My contract is ending next year, but I have a good offer from another company. I was here on an independent visa but later transferred sponsorship to my present employer. Please advise.

First thing’s first: There is no such thing as an “independent visa.” You can only obtain a work permit for a specific employer and you must transfer that sponsorship if you switch jobs. You have a specified-period contract that ends next year when your visa expires. You should submit to your employer your wish not to continue work. This should be done before the period given for notice in your contract, if any.

If your contract simply stipulates the date of termination without a period of notice not to renew, you may simply work to the last day and then stop work. Of course, out of courtesy you must inform your employer that you will not continue work after that date.

The only way to force release and transfer from the employer to another employer is to have it written in the contract when you sign it as a condition for work. Then, the employer may be sued at court to honor his promise.

I wish all guest-employees remember and apply that, to avoid these problems.

Now that you do not have such a stipulation in your contract, your employer is not compelled to give you release to transfer to another employer. In order to win this release, especially if your employer is of the greedy sort, you may have to waive all or part of your end-of-service benefit or point out to him that he would not have to purchase your home ticket if he releases you locally.


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