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NOC Lies Entirely at the Discretion of Employer

I am an engineer working with a private construction company for three years now. My residence visa will expire this month.

My labour card has already expired and my contract is unlimited. I submitted my resignation last week, but the company refused to give me a No Objection Certificate. I would like to know if I can join another company even without an NOC.

The issue of NOC is entirely at the discretion of the employer. Since you have completed three years in the same company, you may not require a NOC for joining another company.

I have been working as an engineer with a company based in Dubai for over five months. Due to the poor salary and internal politics, I wish to change my job. Is there any law that states a minimum number of months to avoid a job ban? Will the ban be applied if the new visa is issued from a free zone?

You have not mentioned whether your contract is limited or unlimited. If it is unlimited I advise you to complete one year in the company before tendering your resignation. If it is limited, you have to complete your contract period to avoid a job ban. Job bans are not applicable in most of the free zones in the UAE.

I have been working as an advocate for less than a year. I expect my baby next month and have applied for maternity and annual leave. The company told me that I have not finished one year in service as per my limited contract. Is this right? What is the best thing to do to claim my rights under the law?

You are eligible for maternity leave as per the UAE labour law. According to Article 30 of the UAE labour law, a working woman is entitled to 45 days of maternity leave with full pay provided she has served continuously for not less than a year. The maternity leave shall be granted with half pay if the woman has not completed one year. The law also states that at the end of the maternity leave a working woman has the right to extend her maternity leave for a maximum of 100 days without pay. Regarding your annual leave, you have to complete one year in service for claiming it.

Compiled by Ahmed Shabaan

K.K. Sarachandra Bose is a Partner/ Corporate, Commercial and Contract Lawyer at Dar Al Adalah Advocates and Legal Consultants. Readers may e-mail their questions to ktedit@emirates.net.ae, ktedit@emirates.net.ae or send them to (Legal View), Khaleej Times, Dubai P.O Box 11243.