Termination of Contact
Curious question.
1) For cases where employees are directly hired (e.g Employer paid for their visa, airfare, etc) under a specified timeframe contact (e.g 5 year-contact), and with a contact saying they only need to pass a specific probation period (e.g 3 or 6 months evaluation), can the employer send them home before the contract duration for whatever reason?
2) If, upon their arrival, they learn that the basis of their job is project based, but is not clearly or technically written on the contract nor on the job offer, and if happens that there are no projects coming their way within say 9 months, can the employer terminate their contact and send them home?
3) Per my understanding, once you have a cancelled visa, you are forbidden to enter Qatar for 2 years. Given the fact that employees will not issue a No objection (NOC) since an employee is considered a direct hire, is there a chance that they can be given an NOC if they offer to pay the expenses theyve incurred (e.g the visa, the airfare, RP etc)?
4) I have heard that Local Qatari Companies will never issue you an NOC (most especially when you are direct hired). Can you justify you're faultless as they dont have an ongoing project? If an employee was considered faultless, can s/he demand to be issued an NOC?
5) If the termination of the contact is done before a year from the hiring date, what are the benefits/entitlements an employee can get? Can you also still get your paid annual leave given youre with the company for less than a year? I know per labor law, you can get it IF you've been with the company for over a year. What happens in cases where they've stayed less than a year?
Happy to read comments.
Answers as below :-
1>Yes they can send back within that period on whatever reasons example non-performance of duties or assigned targets is one of them
2>Yes -employer can do that
3>2 years you cannot enter on work visa but need NOC to comeback on another visa . You can come back on business visa though and have UAE RP stamped .Direct hire or indirect makes no difference , if you have good business relations with your boss , you can get NOC thatz all-in plain simple language .
4>You at no stage can demand an NOC as NOC can be sought strongly -if you have not rcd your salary for last 3 months or more or if you have been harrased in any manner only .
Otherwise NOC is employer's decision wholly -to give or NOT .
5>You get only gratuity which also is limited to 40 days if worked more than 5 yrs or 30 days of basic salary if you work less than 5 years + annual vacation salary if it is due at that point .
Hope all your Questions are addressed .
But highly appreciate , the way you have framed the Questions . You left no stone unturned to find out , how to get out of existing contract and get another job in Qatar . All the best .
Can't wait to know the true fact as well.