hey brothers,i send a mail to a law office for advise and they responded thus;Thank you for your email.
Our lawyers advise the following:
We do not handle immigration matters, but to the best of our knowledge NOC is not a legal entitlement, irrespective of whether a previous employer granted it and/or the employee was hired locally. NOC is a matter within an employer’s discretion.
Your employer is not legally obliged to give you a NOC, unless your employment contract expressly stipulates that they have agreed to do so.
The Labour Department will therefore probably not be able to help you. Your only recourse might be going to the National Human Rights Committee, but any chance of forcing your employer to grant NOC would be slim at best if there is no legal basis for your request.
The employer must also pay repatriation cost for terminated employees. In practice this means the one way (coach class) air ticket back to the international airport mentioned in your contract or if none is mentioned then to the international airport closest to the place from where you were hired.
We cannot advise you any further. Best of luck in resolving your difficulties.
so in these case I was told by our HR that the decision not to give associates a NOC was not coming from the hotel management or the GM but from the owning company which is Qatara Hospitality so i don't know if i should go and plead with the owning company or not.what do u guys think?
hey brothers,i send a mail to a law office for advise and they responded thus;Thank you for your email.
Our lawyers advise the following:
We do not handle immigration matters, but to the best of our knowledge NOC is not a legal entitlement, irrespective of whether a previous employer granted it and/or the employee was hired locally. NOC is a matter within an employer’s discretion.
Your employer is not legally obliged to give you a NOC, unless your employment contract expressly stipulates that they have agreed to do so.
The Labour Department will therefore probably not be able to help you. Your only recourse might be going to the National Human Rights Committee, but any chance of forcing your employer to grant NOC would be slim at best if there is no legal basis for your request.
The employer must also pay repatriation cost for terminated employees. In practice this means the one way (coach class) air ticket back to the international airport mentioned in your contract or if none is mentioned then to the international airport closest to the place from where you were hired.
We cannot advise you any further. Best of luck in resolving your difficulties.
so in these case I was told by our HR that the decision not to give associates a NOC was not coming from the hotel management or the GM but from the owning company which is Qatara Hospitality so i don't know if i should go and plead with the owning company or not.what do u guys think?