I am working as a mechanical QC in my present company. My visa had been stamped as a ‘mechanical engineer’ on project visa and I have NOC from KSE also.
I joined this company after getting local release from my first company in 2014, where my visa was company visa. While joining my present company, they made me sign a contract in 2014 between me and the present company which says (as part of termination clause) as follows. “The employee is not allowed to work for any competitive jobs/projects/company to company’s activities as defined in the chamber of commerce and municipality licences as well as the specific jobs the employee was performing during his employment with the company”.
When the present company again stamped the visa in 2018, they made me sign another contract where these clauses were not there. Now that I have received a job offer from another company where I worked on supply from my present company as QC for two month. The company is not a competitor to my present company. But as I worked there for two month on supply from my present company I fear they won’t sign my transfer paper and give me release.
Answer: The earlier contract you signed that did not allow you to work for any competitive jobs/ projects/company to company’s activities as defined in the chamber of commerce and municipality licences as well as the specific jobs the employee was performing during his employment with the company”, is still binding on you despite the fact that this clause was absent from the new contract you signed in 2018.
If however, the earlier prohibition had a timeframe which the company is of the opinion that you had fulfilled, hence the decision not to include the prohibition in the 2018 contract, then you are not bound by the terms of the earlier prohibition.
If you are convinced that the new company you are seeking to join is not in competition with your current company, then you have no reason to fear that the company will not sign your transfer papers. If on the other hand, the company’s understanding of the issue is different from yours, then you have to file a case at the Public Authority for Manpower through the Labour Office in your area to make determination as to who is right and who is wrong.
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