NOC FINALLY GONE!!!

Yezinn Active member

50POSTS

4 years ago

Ministry of Labour has recently issued a decision on 29 July 2021) to its personnel setting out the circumstances in which NOCs should no longer be requested as a pre-condition when dealing with the transfer of expatriate employees. The decision sets out some situations as mentioned below where expatriates should be able to transfer employment without an NOC:

1.听 upon expiry of the expatriate's work permit/visa provided that the expatriate does not have a current employment contract registered with the Ministry of Labour;

2.听 upon the expiry of the expatriate's employment contract;

3.听 upon the expatriate providing evidence that his/her employment contract has been terminated by the employer for a reason other than a disciplinary reason;

4.听听the issuance of a court ruling ordering the transfer of the expatriate employee to the new employer;

5.听听the issuance of a court ruling adjudging that the expatriate employee was arbitrarily dismissed; or the issuance of a court ruling adjudging the bankruptcy or dissolution of the employer.

Thus, as long as an expat falls in one of those categories, he can change the employer and switch to another job without even exiting the country.

Hope it helps!!!

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Priyank Parikh New member

3POSTS

4 years ago

Can you please share the official link of the circular which you have referred here in your post?

I had 2-years fixed-term contract (NOT an open-ended renewable contract) from 2014 to 2016. After that, my employer kept renewing my visa without any contract renewal. My current visa will be expiring in 2022. Can I change the company at this stage without NOC as per point no.2 of the original post?

2 members reacted to this post

Yezinn Active member

50POSTS

4 years ago

Hi Piyank Parikh,

I am not sure if there is any link on the Ministry site. However, a simple Google search will confirm the decision.听

Regarding your employment contract, please note your visa has been renewed on expiry of every 2 years as it currently stands and accordingly, your passport is also stamped on every renewal. It means that your contract at the ministry is being renewed by your employer accordingly.

Thus, unlike before when change of sponsor was not at all possible without NOC, you can now change the sponsor once your employment term ends among other options as described in my first comment. As a good practice, you must serve the notice for resignation so that your employer is on notice not to renew the agreement.

The decision will become more clear and will provide more clarity once it is put in practice.

Hope it helps.

Priyank Parikh New member

3POSTS

4 years ago

Generally the employment contracts are open-ended auto renewable contracts which gets automatically renewed when the visa is renewed by the employer. But in my case, the contract was fixed-term contract and it was not auto renewable. I checked with my HR also and they confirmed that they don't submit any contract to MoM at the time of visa renewal.

My simple question is that do I fall into category 2 as mentioned in the original post?

Yezinn Active member

50POSTS

4 years ago

There is nothing called auto renewable in labour law. It is either limited or unlimited contract, the former ends on expiry of the term specified unless renewed and the later one either on termination by employer or resignation by employee. And NOC matter kicks in when an employee wants to join another company in Oman.

As I said in my previous post, your contract was being renewed at the ministry every time by your employer听 on expiry of 2 year term.

Now regarding your situation whether you can change the job under option 2 as you referred to, yes, you can once your current contract expires i.e. the expiry date of your resident card SUBJECT to what you said above is correct about employment contract. But to deter your employer from renewing your contract,听 I advised you to serve resignation notice as a good practice before expiry of contract.

Mohamed Medani New member

6POSTS

4 years ago

Dear sir, I was employed in Oman and听 due to disagreements and unsafe work conditions I resigned, though employer "denied". So I quit and left the country, I have no written contract or contract with manpower. My question is my current visa will expire in January 2022, and I have other job offers, so will I be able to get Visa听 issued without NOC?听 Please help clarify, thanks.

Syed777 Member

2POSTS

4 years ago

Hello Sir

My contract is expiring on 31st Dec, also it's my Resident Card expire on same date. I have an offer from another employer, do I still require NOC or I can change to another employer without exiting country.
I have my resignation letter along with acceptance of resignation from my current management as email proof.

Kindly advise
Regards
Syed

anilmele Active member

30POSTS

4 years ago

@Yezinn

I have worked in a company in Oman from Jan 2020 to Feb 2021 for more than one year. It was an unlimited contract and resident card was made for 2 years as per the rule. I resigned from the company following due procedure of 1 month notice period and company had cancelled my听 resident card.

Now the contract period (ie rop card validity)听 have also finished on Jan 2022

Now I have got an opportunity again in Oman. But when my new company tried to apply for the Visa, they were unable to apply because NOC was required.

Why NOC is still required? can u please guide?

Is there any possibility I can get Visa without NOC?

johnchen1894 Active member

29POSTS

4 years ago

@anilmele

In your case, it is clear there is no need to provide NOC.听 As you mentioned your residence card has already expired from Jan 2022. I am sure it is something else, check with your new employer.听 And regarding NOC it all depends from company to company. Last year I locally switched a job. Both companies were private universities. During switching, I asked the previous university regarding NOC and they said there is no need for NOC because Oman has already finished it. They were right and the new university was able to get a new visa without NOC. As I said it all depends from company to company.

anilmele Active member

30POSTS

3 years ago

#10

@johnchen1894

Thanks for the reply.

Are You sure NOC is not required??

My new company is still saying that when they asked for the reason, they were informed that the听 Visa application is rejected due to NOC.

When I checked my passport with sanad service center, they are saying there is no problem against my passport

AnIl

johnchen1894 Active member

29POSTS

3 years ago

#11

@anilmele

Please note currently approval of application transfer is completed through ministry of labour website. New employer sends transfer request and previous employer approves transfer request. NOC is not on paper but it is inside web request.

My transfer was completed through MOL website. During transfer I asked previous regarding providing NOC. They said now NOC is not required due to new rules听 and everthing is done through MOL website.

In your case because your previous visa is already expired I dont think system is asking your previous regarding approval of transfer.

Double check with your new employer that whether they are transferring听 through MOL online system.?

johnchen1894 Active member

29POSTS

3 years ago

#12

@anilmele听

1,.) Are you currently out of Oman when your new employer is trying to apply for the work visa?

2.) When you left your old employer. Were they happy? Check for any false complaints etc.

Following is the Workflow according to MOL website regarding the transfer of work permit.

1- Employers (Individuals) will access the service using their PKI enabled identity card or mobile number.

2- From the list of work permit applications, they initiate a transfer application

3- As part of the application the following information will need to be provided: the civil number of the worker to be transferred along with the birth date of the worker, the work permit provisional approval that is intended to be used for the transferred worker and appropriate candidate position from the selected provisional approval which matches the desired worker (for named workers an exact match is needed)

4- Once the application is submitted, an approval task is created for the current employer of the desired worker

5- The current employer needs to access the service using their PKI (in case of establishments, a representative or signatory needs to use their PKI)

6- The current employer will find an appropriate task requiring their approval

7- As part of the approval task, the old employer will pay any due fees and fines related to the work permit to be transferred (fees and fines will be calculated 30 days in advance to the approval date in the case of expired work permits)

8- Once the approval of the current employer is obtained, the new employer will access the system once again using their PKI and pay the transfer service fee.

9- Following the payment by the new employer, transfer confirmation will be awaited from the Royal Omani Police (automatic).

10- As soon as confirmation is received, the transfer is finalized, and the employee is moved under the new employer.

anilmele Active member

30POSTS

3 years ago

#13

@johnchen1894

Thanks for the detailed reply.

I am not in Oman. My Visa was cancelled and I am in India now.

My new employer had applied through online. They are saying application is getting rejected. When they checked with authorities, they informed that it is due to want of NOC.

My relation with old employer was good. There was no issue as far as my knowledge. They accepted my resignation and paid all my benefits.

Also when I checked my Passport from Sanad Centre, it was informed that there is no issue with the Passport for entry or making Visa.

Thanks

Anil

anilmele Active member

30POSTS

3 years ago

#14

@johnchen1894

Just an update regarding my NOC

I have worked in a company in Oman from Jan 2020 to Feb 2021 for more than one year. I resigned from the company following due procedure of 1 month notice period. The company has accepted my resignation and while returning, company had cancelled my resident visa. (The contract period (ie rop card validity) have already expired on Jan 2022)

When my new company applied for my New Visa the below comment is appearing:

丕乇賮賯乇爻丕賱丞毓丿賲賲賲丕賳毓賴賲賳丕賱賰賮賷賱丕賱爻丕亘賯賲毓丕賵乇丕賯丕賱爻噩賱丕賵毓賯丿毓賲賱賲氐丿賯賲賳賵夭丕乇丞丕賱毓賲賱 : Comments

(The Translation I obtained - Attach a no-objection letter from the previous sponsor with the record papers or an employment contract certified by the Ministry of Labor)

The requirement given is either

1) NOC from previous sponsor

2) employment contract certified by the Ministry of Labor.

I would be thankful if you can explain the 2nd option.

Is it means

1) NEW employment contract certified by the Ministry of Labor OR

2) the copy of OLD employment contract certified by the Ministry of Labor by previous employer

What is the procedure for the 2nd option

Can any one guide

Thanks in advance

Anil M V

anilmele Active member

30POSTS

3 years ago

#15

@Yezinn

I have an update听 regarding my query on NOC.

When my new company applied for my New Visa the below comment is appearing:

(The Translation I obtained - Attach a no-objection letter from the previous sponsor with the record papers or an employment contract certified by the Ministry of Labor)

I hope the translation is correct.

The requirement given is either

1) NOC from previous sponsor

2) employment contract certified by the Ministry of Labor.

I would be thankful if you can explain the 2nd option.

Is it means

1) NEW employment contract certified by the Ministry of Labor OR

2) the copy of OLD employment contract certified by the Ministry of Labor by previous employer

What is the procedure for the 2nd option

Can any one guide

Thanks in advance

Anil M V

anilmele Active member

30POSTS

3 years ago

#16

I have a query regarding NOC.

When my new company applied for my New Visa the below comment is appearing:

(The Translation I obtained - Attach a no-objection letter from the previous sponsor with the record papers or an employment contract certified by the Ministry of Labor)

I hope the translation is correct.

The requirement given is either

1) NOC from previous sponsor

2) employment contract certified by the Ministry of Labor.

I would be thankful if you can explain the 2nd option.

Is it means

1) NEW employment contract certified by the Ministry of Labor OR

2) the copy of OLD employment contract certified by the Ministry of Labor by previous employer

What is the procedure for the 2nd option

Can any one guide

Thanks in advance

Anil M V

Yezinn Active member

50POSTS

3 years ago

#17

@anilmele

Hi,

Please ask your new employer to send their PRO to ROP with the visa cancellation papers. It seems you are still registered with the previous employer in the Ministry of Manpower system.

You should be given the new employment visa provided that you narrated the situation correctly as above.

Good luck!

anilmele Active member

30POSTS

3 years ago

#18

@Yezinn

Thanks..

But how my employer can provide visa cancellation to ROP?The paper will be with my old employer, No?

And what is

2) employment contract certified by the Ministry of Labor

I think that can be provided by new employer?

Yezinn Active member

50POSTS

3 years ago

#19

@anilmele

Hi,

I thought you received some paper regarding the visa cancellation when you left Oman. Generally, you should have received some reference having your visa been cancelled by ROP at the airport.

The best thing in your case now to do is to get the full and detailed information about your new visa refusal. I understand it is some time difficult to get as you are away and you new employer may not bother that much. Also there is problem as to getting full information from your new employer's PRO due to communication matter.

I believe you should get the visa. And please note your new employer and its PRO should understand about the new decision and if necessary, should carry it to the Ministry of Manpower while their visit to the Ministry and make them understand why the NOC is no longer required in your case.

I know out of my practice that people are joining new employers without NOC under the new decision of the Ministry of Manpower.

Wish you good luck!听

anilmele Active member

30POSTS

3 years ago

#20

@Yezinn

Thanks for the reply

I am hoping for the best

hannahenn081 Member

2POSTS

3 years ago

#21

@Yezinn

Dear听 all

I just want to ask what step should I do ? My visa will be expiring this month..I found a job already but this new employees is asking me n.o.c my previous company doesn't want to give me n.o.c they told me that n.o.c.is not needed anymore in my case because my visa was expired .what should I say to my new employer?

hannahenn081 Member

2POSTS

3 years ago

#22

I need to know what step should I take ?

Asif_Hassan Oman Advisor

258POSTS

3 years ago

#23

Hi there,

With new development you don't need NOC, but you have to prove that you have completed your contract term with your former employer.听 Your new employer should present your old contract and can process it. Further you can consult with the PRO of your new employer.

Regards,

Mukesh Ratre Member

11POSTS

3 years ago

#24

I would like to have your opinion regarding below case(Oman)

My contract and Visa with company expiring in July 2023. As per my contract I cannot join any competitor company for 4 months after I leave current company.

1. How can I know who are the competitor of my current company?

2. Can I obtain employment Visa or it will be blocked for 4 months in ministry since it is mentioned in contract?

Kindly request your advice on above two questions.

Thanks