Question 2 – Does the worker in the civil sector have the right to request a transfer from his employer to another without consulting the employer or in case the employer refused to give the worker the right to request a transfer?

Answer 2 – According to administrative decision no. (842) of 2015 on the transmission of labor from one employer to another, the worker has no right to request a transfer of his work permit after three years from the date of its issuance without consulting the employer taking into account the following conditions:

  1. The obligation to grant the employer the notice period that is prescribed in Article 44 of the law of labor in the civil sector no. 6/2010.
  2. Upon the receipt of the request of the work permit transfer, the authorized work administration should check the existence of a copy of the notification from the worker to the employer about the notice period.

In case the worker cannot prove granting the employer a notice period as prescribed in Article 44 of the previously mentioned law, the worker has to submit a complaint of work permits dispute to the labor relations administration to notify the employer. The date of the complaint registration is counted for the entry of the notice period into force. The employer is prohibited from submitting an “absence from work” report during the notice period prescribed by the law. Any report will not be considered during the notice period mentioned.

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