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Visa cancellation implications & Labour card expiration implications

Last activity 11 March 2018 by schaz

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dhaval0077

I have queries on visa and labour card
My queries are as under....

My visa expires on 28.06.2018
My labour card expires on 28.06.2018
Contract period 2 yrs

Query : If I resign on 29th May 2018 with a notice of 1 month,  will i still be asked to renew my visa & labour card after 1 month as my visa & labour card stand expired on 29th June 2018.

Query 2: Modifying query 1, upon resignation,  what if visa is renewed and I do not renew my labour card,  will i be allowed stay in oman? Also,  pls specify whether employer can renew my visa without my approval? Do they need my approval?

Kindly help me with these query resolution at the earliest.  I am absolutely bothered with these annoying questions in my head and I need a calming reply.  Please help....

Sumitran

Hi dhaval0077,

Answer to query 1 : If your resignation is accepted, then there is no question of any renewals.

Answer to query 2 : Once you resign, your employment visa will not be renewed. And if a visa is renewed then it is mandatory to get a new resident card, within a certain time frame.

Yes, the employer can renew an employee's employment visa without the approval of the employee. No, the employer does not require the permission of the employee to renew his / her employment visa.

dhaval0077

Thanks you for your reply,

But would like to say that as a person I am free to resign as my contract for 2 yrs will be over. Resignation will be my decision to leave, not employer's. Then why should we need acceptance of the employer ? Is there a difference in this matter in Oman ?

Even if employer do not accept at once, my resignation will be valid, wouldn't it be ?
It is in nature of serving notice, not a permission. isn't it ?

I am mostly worried about my passport with them. Upon resignation, when should I ask back my passport ?

What If my employer do not easily accept resignation at once ? Then what needs to be done ? Pls provide expert advice in detail.

Sumitran

Hi dhaval0077,

Theoretically, all that you are saying sounds perfect. Practically, things do not always happen so. Here the labour laws are skewed favouring more towards the employer and not towards the employee.

At any point, the employer can stop an employee from leaving the job and also the country. The mere fact that the employee’s passport is in the custody of the employer is reason enough.

Regarding the validity of your resignation, the employer will say that the resignation has not been accepted since the employee in question has to settle some debts, outstanding sums, some other financial issues, whatever (whether or not). The employers can and usually say that until and unless the employee clears all outstandings and debts, they cannot let the person leave the job and the country for obvious reasons.

That is why I always advice disgruntled employees never to take up the cudgels against their employers. Winning is not easy. And the battle will be long and hard.

Resolving all issues amicably and exiting is the best option. In the case of a dispute, even if an employee might win the battle, he / she will surely lose the war. It is complicated. If you read the numerous other posts in the forum on similar subjects, you will get an idea of what I am trying to say.

dhaval0077

Thanks for insight,

Sir please advice what should ideally be done to go back.  I will be returning back to India forever.  Will not go for employment ever in other GCC country.  I do not aim to disturb my relation with the company.

Sumitran

Hi dhaval0077,

No problems at all, if you have decided to quit your job. No one can force you to stay back and continue working, if you do not wish to work.

Intimate your intentions to your management well in advance. Give them some time to make necessary alternate arrangements. Tell then categorically that you do not want your employment contract to be renewed.

You can also tell them why, if you feel your telling them would help them improve their internal processes and systems (if you had been unhappy with those).

Make sure the handover happens smoothly. Leave nothing unfinished and exit amicably.

dhaval0077

Thanks a lot for advice...

vijaykumargupta

Hi Sir
May I know that I want cancel my visa before validity what rules of Oman my visa end a march 2018 but I want go to India January 2017

vijaykumargupta

Sir g
Good night
If I will resign in my company  after  10 month
How many visa fee cut my salary by my company

Sumitran

vijaykumargupta wrote:

Sir g
Good night
If I will resign in my company  after  10 month
How many visa fee cut my salary by my company


Hi vijaykumargupta,

There is no fixed amount to be compensated to the employer if an expatriate employee wants to resign before the completion of their first employment contract (2-years).

In fact, there are many organisations which do not really ask for their expenses to be reimbursed in case of such an instance. But most do since the company would have invested a substantial amount of time, effort and money in bringing over that employee and so would certainly want some return on their investments made.

What is that amount which the company would demand from its employee would vary from case to case, depending on what the employment contract specifies, such as the benefits and perks, and how soon or late the said employee wishes to part ways with the employer.

Therefore there is no flat fee and it could vary vastly even within the same organisation, depending on the individual employee's mutually agreed entitlements with his / her employer.

roopa.rk

Dear All,
I have labour card in dubai company till 2018 , however my visa expired in 2016 company had a block and did not renew my visa now I m stuck in the company but no visa can't exit or change job
Now my case comes company lawyer is taking care but he is not telling how much fine
How bad is my situation will I get be arrested

jhonwood

Hi all,

I have question

My contract end by 11 Oct 2017
My employment visa and RC end by 13 Oct 2018
I am leaving country by 04 Oct 2017, the tixket is provided by company.
No NOC provided by employer.

If i leave Oman without canceling the visa, is there anything that i need to worried?

I read a lot of posts/replies mentioned about abscond thing. But considering my contract ends, is it possible for my employer to file case against me?

Also I noticed that after 6mos, the visa is auto canceling. If thats the case, until when that I get banned from Oman?

Thanks for all answers

schaz

I am leaving country by 04 Oct 2017, the tixket is provided by company


If your company has provided you the ticket for exit, they will certainly send their PRO at the airport who will further assist the process of the visa cancellation.

Without NOC, you will not be eligible for a consecutive 2 years.

P.S, If you intend to leave without cancelling the visa, it is considered illegal and professionally unethical, however there may not be any need of a legal case against you by your employer as your visa will be auto-cancelled.

Kuma123

Hai sir my visa is properly experied september 2017 in oman .now am in india but .now am apply for job in another company  without NOC it have any problem ??

schaz

Having no NOC clearly means that you can not re-enter the country for 2 years after the departure date.

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