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SaNe4U

Person went on final exit after completion of contract 2 years and came back to different company (Similar services) in similar field. Now the pervious company is filing the case against that person for coming back in similar services company. Is there will be problem for that person or no? Is that Labor court will sent him back for that? Please advise.

azhar_bf

was there any agreement with the previous sponsor that he will not come back on a similar position with a competing company? if yes, then he is in trouble. if no, then he will be fine.

TheLegendLeads

SaNe4U wrote:

Person went on final exit after completion of contract 2 years and came back to different company (Similar services) in similar field. Now the pervious company is filing the case against that person for coming back in similar services company. Is there will be problem for that person or no? Is that Labor court will sent him back for that? Please advise.


Don't worry they can't do anything.

While you were working there, you were bound not to join anyone else. But when you took the final exit on completion of contract, you got free from all obligations.

There is only one point they can raise: "This guy didn't get an NoC from us.".

NoC is not required anyone by Ministry of Foreign Affairs. So the raised point stands invalid.

SaNe4U

Thanks for the reply, as he did not sign any document stating that he wont come back for 2 years. But my question is why labor office entertain such cases? Even some companies not handovering the passport with out signing such documents, which is again threating the empolyee, unless you sign, you wont go exit. In such case what should employee do? why goverment not taking action against such companies?

HRGuru

Clarification:

If this employee when working with his first company signed a non - competitive agreement (usually stays valid for a period of 2 years even after final exit, under Article 83) then his old company can file a case against him. Usually non-competitive agreements are given separately or some times included in the employment contract itself.

If he hasnt signed any documents like this then they cannot do anything. Now why do labor court entertain these - well there might be real situations : eg: sales man leaving to competition with all client & price list, its not a nice thing to happen, right ?

JasfurJQ

that depend also in his new company. The company must know on the 1st place the law of having his back in the same country but different company. Usually the new co. will ask for the NOC just in case the old employer hunt him. If non the new co. will give their full support for not giving him up, some company will give hard time to the employee for ditching them and won't stop till he go back home. Anyway before the court finalize the decision his contract is already end......:)

ahmed6676

hi
i am new in saudi recently ihave joined i want to join another job in uae ,i want to know weather there wil be any problem if i left the current job and join the uae company ,
weahter i wil face any problem if i left the present compnany without completing the 2 years contract .
how much i have to pay to the present company if will the job and for what all things


please suggest me , its urgent

TheLegendLeads

UAE and KSA passports departments are not integrated to that level such that UAE is complete different country. I don't see any problems coming.

As far as early termination of your contract is concerned, your signed contract is the governing document. It must have all those details. Your employer only can tell how much you've to pay.

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