Termination in probation period

Hi Zam2207,

Your situation is quite unfortunate. You have done no wrong here.

Since you are willing to work and since your employer is the one who is unable to provide you with work, they must give you the NOC. Insist that they give you so that you can find yourself another job.

In the meantime, you start looking out for a job and grab the first one that comes by.

As things like these are quite common, you cannot even file a case against your employer. They must have had enough sense not to have hired you and bring you over only to say they cannot keep only in just two months.

Dear Sumitran thanks for your reply..

Can I go to Indian embassy and also to Ministry of Manpower to lodge a complaint against company ...for not providing me NOC and without any strong reason they terminating me .
As you told look for the other job and grab it...if I do so even after getting a job I must have NOC.and my company not giving it ..what should I do in that case ..please advice me.

Thanks.

Hi Zam2207,

Unfortunately, no employee can demand that the NOC be given, nor can any employer be forced or coerced to issue one.

So just forget about complaining to anyone about your employer. It would be pointless.

Rather than ask your employer for the NOC without any alternative job in hand, at least if you go with the offer letter from another company, your employer might give you a NOC - purely on a humanitarian basis.

Ultimately, whether to give you the NOC or not is entirely your employer's decision.

Hi @Sumitran, I am interested to learn more about the possible reasons an employer decides against issuing NOC.

Is it because they will lose their labour clearance? Does it have anything to do with ego? Maybe a cost impact? It is quite concerning that the decision whether or not NOC will be issued rest entirely up to the employer.

@Zam2207, my heart goes out to you - I pray that things go well for you.

Hi modjo,

Well, the whole NOC rule is quite complicated.

Some locals and expats say that if an employer 'grants' (as in doing the employee a huge favour) the NOC, then the employer would lose the labour clearance for that position. But it is not true.

Some others say that the labour clearance and the NOC are not interlinked, but if the employer / sponsor issues a 'release letter' (as in 'releasing' a convict !) to the employee, then he would lose the labour clearance for that particular post.

Now how far these assumptions are reliable can be authenticated purely on a case-to-case basis since there have been instances where all of the above scenarios have played out. The labour laws in the Sultanate are not necessarily or always followed to a T. That is why I said it is complicated, at the very outset.

The simple reason the employer / sponsor refuse to even entertain the thought of giving an employee the NOC could be most likely because of spite - why let the employee go elsewhere and live better ?

Even the cost impact that you have referred to could be adjusted easily between the employer and the employee, if it is that.

The sad part is when a survey was conducted by Tanfeedh to find out whether to scrap the NOC or not, more than the majority who polled (both expatriates and the locals) wanted it to be retained ! So that pretty much sealed the fate of the expatriate employees.

Dear @Sumitran, that's a very insightful explanation, thank you very much. It made everything clear. Especially on the relationship between issuing NOC and losing labor clearance - I think many are not aware of the regulations vs. actual practice.

Hi Sumitran
Sir could you tell me like how many days I can stay in Oman after my termination in Oman ..as I'm asking my company to gime me some days to stay in Oman B coz I could find another job here... and one more thing is that I still did not sign settlement paper given by my company...and my company forcing me to leave Oman as soon as possible but I said them y hat I need a few days to find another job .
Please suggest me what should I do.

@Zam2207,
Generally, the period is around 30 days after the termination letter has been issued, however, the employer has the right to cancel your visa even the next day of your termination.

Hi Zam2207,

How sure are you of landing another job within a matter of mere days ?

And why would you not start searching for a job even when you are serving your notice period ?

Your employer has thus far been uncooperative or helpful to your requests. So why should they oblige you now ?

I hope you have got all your answers.

Hi Dear Sumitran.

Sir as a discuss earlier about my concern and you help me out with good information.

Now my concern is that my company told me to find job in Oman and upon job offer from other company they will give me NOC.

Now I'm come to know that my company they lodge complaint in labour Court that I'm run away.....when I asked my manager he told me talk with HR people .

Now what can be my situation in that case .

Please help me in this now what should I do ....should i go to Ministry Of Manpower and complaint about it .

Please help me out .

Hi Zam2207,

It is really sad and unfortunate to note that some employers like yours can stoop to such low levels to spite their employees.

Please first go to the Indian Embassy and report your case to the officials in detail. Tell what your employer has done to you. It is obviously something that is wrong, which the Embassy officials will duly note. They would then advise you on the next steps.

Thanks for useful information..but can Indian embassy help me .????and yes them what action they can take against my company or solution they can provide me..

My company make complain like I'm run away and if something happen to me then they are not responsible for that...and I ask one OMANI he asking me that he can talk with my company to give me NOC so that he can take me into his company .....and I can work in his company .

Is that can be possible B coz he also a OMANI and he talk with my manager regarding me so he saying that my manager told him no problem I can work with his company...

But I'm afraid now b coz I don't k ow what complaint my company made against me .

Can I cross check with Ministry Of Manpower what complaint my company had made against me.??

Please suggest.

Hi Zam2207,

If anybody can help you, it would be the Indian Embassy only. So talk to them.

And, don't be in a hurry to join someone else in a rush; it should not a case of 'out of the frying pan into the fire'.

I got you sir but as I mentioned it can be possible that I can join his company.


B coz this OMANI saying  me that my manager told him that I can work with him ..

And my manager told me come to office to talk with HR regarding this....but I guess he is just saying it like that..they will send me once I visit the office .

Can I go to Ministry Of Manpower to londge the complaint.

Please reply.

Hi Zam2207,

I seriously fail to understand why you are repeating yourself.

Have you spoken to the Indian Embassy Officials yet ?

All I understand from the above communication is a person with an immense fear of some retarded employer who knows how much this person is confused and then playing around. This is the story of most of the employees across the country and unfortunately, the retarded Omani employers know how to play an employee football game.

So sad to see the expats being treated like such and saddest to see the expats being afraid of few idiots.

Not yet.....if I report to embassy then what they will do for me please tell me.

And I'm thinking to lodge complaint in Ministry Of Manpower is better option ...what's your suggestions please share.