No Objection Certificate
I have a friend whose 2 year contract will end this April 2009. After he's completed 1 year, he was given by the company the option to go on vacation to Philippines with a free round trip ticket however, he was not able to avail of it because of some financial problems. Now that he's almost finish with his contract he asked the company if he could go on vacation but, to his surprise the company refused to give him a round trip ticket. They are willing to give him a ticket back home only if they will cancel him and terminate his employment.
I think it is unfair because he is left with 2 not so good choices. It's either he will go on vacation with him buying his own ticket or he can go home for free but he will be banned in Qatar for two years.
Can anybody help my friend on this? Is the company not oblige to give him NOC? It's quite obvious that the company doesn't need him anymore. They are not giving him any increase if he wants to continue working and they are not giving him any airfare benefit.
What do you think he should do about it?
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Supermom, it is the discretion of the company to give NOC to the employees. Regarding other issues, he can review his contract. The 2-way ticket should be given if he renewed his contract with the company. But if not, he is still entitled for the 1-way airfare and gratuity. If he did not renew, and he is hired from Phil, they will cancel him. That is the most practices of companies here in Doha.
"Admit your mistakes...before someone exaggerates the story."
let your friend review the contract he signed if there are any possibilities and check it with the latest issue of labor law so that we can see if there's any chances for him to have an NOC but if he have loan in the bank for sure whatever his situation now he will be given NOC or else the company will be blamed by the bank for releasing someone who has a loan..lols
to lucky luciano again...i'm just wondering why you seem harsh on this issue. You're being too subjective.
I posted a query in this site to seek for possible solution on my friend's problem...not insult and be tagged as unknown devil...
to lucky luciano...he's been productive! In fact tough and complicated projects are given to him and all of these projects passed the inspections conducted by Qatar government.
It's up to you think who is the better devil...there is only 1 devil I've known anyway, and GOD conquered him already.
"why are they not giving him NOC"
It is a standard practice with most of the companies here. Hardworking does not mean productive working. Companies appriciate productivity.
Why he agreed to the salary in the 1st place?
Company doesn't want go through the hassle of recruiting a new chap all over again for a below par performance.
Known devils is better than an unknown devil.
to lucky luciano, you're entitled to your own opinion however, the way i see it the company is just trying to squeeze him.
i know how hardworking he is and the salary that he is getting from the company cannot compensate the services he rendered to them. if he's not that important why are they not giving him the chance to work with other companies here in Qatar? why are they not giving him NOC? maybe my friend just touch their pride in some way...
yah...you're right! it's his first time to work abroad so maybe he don't have any idea about it and he might have failed to notice it. I've seen the contract before he signed it and I didn't notice it either. All the while, I was thinking that all employment contracts attested in the labor department contains provision on giving their employees free round trip ticket during their vacation...maximum of 2 years service.
All the employment contract in our office contained such provision even our laborers so I thought it is uniform for all companies and it just depends on how long will he be able to avail of it.
Thanks Vivo Bonito...
i feel something indifferent to the employment contract your friend entered into... to which most likely, each employees is entitled for a certain number of days of vacation corresponds to the number of months he worked with the company plus the round trip ticket from Qatar to his home country.
now, review your friend's EMPLOYMENT CONTRACT. if is not stated there... hope he wont be blind the next time your friend has to sign a contract...
I summerize the following :
"1> upon expiration of his contract, there you will see wether the employee is entitled of the airfare ticket back to his home country or whatever it is stipulated thereon. If so, he has the right to demand for such airfare ticket."
The company has offered a free one way ticket for him upon completion of his contract as per the Labour Law.
"2> if your friend has an intention of continuing his service for the company, the company shall naturally provide the beneficial necessities for him like vacation period and round trip ticket."
It is obvious the company does not need him anymore. If he wants to continue it has to be on company's own terms & conditions. Obviously he is not important to the company.
thanks to everyone...I appreciate all your comments.
regarding point no. 2 ( from Vivo Bonito), he has the intention to continue working with the company despite the fact that the company isn't giving him any salary increase and despite the unlimited period contract that the company is offering him. What really dismayed him was the company's refusal to give him a round trip ticket if he'll only go for vacation. Which means, if he accepts the unlimited period contract, he can only go for vacation with his own money even how long he worked for the company.
Anyway, maybe GOD has prepared something better for him. We can't do anything about their laws here so he'll just have to leave everything to HIM.
Again...Thank you very much!!!
you've laid with us an incomplete story which we can't see the other side of the facts... we cant give sufficient answers to your friends queries. try to summarize completely perhaps we could share good insights to the problem.
but the best remedy to that is to go back to what has been stated in the EMPLOYMENT CONTRACT...
1> upon expiration of his contract, there you will see wether the employee is entitled of the airfare ticket back to his home country or whatever it is stipulated thereon. If so, he has the right to demand for such airfare ticket.
2> if your friend has an intention of continuing his service for the company, the company shall naturally provide the beneficial necessities for him like vacation period and round trip ticket.
Supermom - don't waste your time here on this issue. I told you the realities. Accept it.
He is directly hired from Philippines. I was just wondering if he could seek intervention from the labor department to give him the same opportunity to go to Qatar just like before he was hired by his present employer.
Actually, the employer initially allows him to come back and work with them ( and make a contract with unlimited period) after his vacation provided he pays his own ticket.
I haven't known any company here in Qatar who refuses to give their employees round trip ticket during his vacation after two years of service.
Local Hire or Hire from the Moon doesn't matter. There will be No NOC.
Giving NOC to their staff is not an obligation of any company in this country. It is always depends on the agreement and your friend's approach to his company. If this is written in the contract, he might get one, but if not, no way he can be able to get one.
It seems that the company doesn't like his service anymore, which is why they are going to give him a one way ticket.
May I know what is his financial problem? If this is a bank loan, he can able to approach his company to provide him a termination letter address to the bank in order not to stop him from leaving the country but he cannot able to get any single penny from his graduity because it will be taken by the bank.
At least, he can able to leave the country without any worries about his bank loan, and that way, he start his life peacefully and try his luck in other country except Qatar.
By the way NOC is always sponsors' discretion, but labor department can intervene if there is dispute.
It only means that the company is not renewing your friends' contract. In that case, he is entitled for 1 way ticket only and other gratuity. The round trip ticket which was previously offered was null and void aready not unless they have a writen agreement that he/she will be paid for it...
is it? Lucky Luciano for example even he/she local hire? just for the clarification...
Why would the company give him a round trip ticket in April 2009 when his contract expires in April 2009?
And no company is obliged to give an NOC, nor are the obliged to give increases, and there is no obligation to provide leave tickets, unless it is stated in the contract.
No Company is obliged give a NOC for their staff. That is the fact. Bear with it.