Premature Termination from work without written notice
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Hi everyone!
This is my first time to join here in the forum. So I hope I can get legal advise from you.
I came from the Philippines to work here as a nurse in one of the Pediatric clinics here in Bahrain. I am single, the only girl and youngest of the family.
I've worked for almost 2 years: 1 year, 8 months and 22 days to be exact.
This is the scenario:
I have applied for mobility last January 2016, 6 months prior to the end of 2 years visa. As written in the contract, which is an OPEN CONTRACT, I can render my resignation thru registered post 6 months prior the expiry of the contract. And so I did. I resigned for the reason that I will do surgery in the Philippines because I am alone here, no relatives to look over my condition post-op.
From February onwards, my employer, Managing Directress, and the Accounts' Manager kept on pressurizing me, threatening, blackmailing, and even doubted my credibility as a nurse. They kept on insisting that the OPEN CONTRACT is a 5 years period. I basically disagree about this because way back 2013 when my employer hired me, we agreed that I will work for them 2 years only. The POEA (Philippine Overseas Employment Administration) approved my working duration as for 2 years only.
I was threatened when they told me that they will use their full force so I will be blacklisted here in Bahrain. That my license as a nurse will be revoked. That my reference letter will be drastic, so I won't be able to show to my next employer. They gave me 150 Bahraini dinars, which should be 200 Bahraini dinars as commended by POEA, and they told me to pay them 2, 000 Bahraini dinars for breaking the 5 years contract.
I was accused of bribery, encouraging other Filipino staff to report to Philippine embassy, their respective agency and to authorities including LMRA. This is I believe a legal right of every individual, to seek help and legal assistance. They prevent us from doing that, blackmailing us that at the end of the day they will be the one to help us. That they have a lawyer to defend themselves, while me I should find one or else I will be left nothing on the street. (Well actually, 3 more Filipino staff are being forced, threatened, abused verbally, mentally and even going PHYSICALLY are still working in the company. 2 of them are nurses and the other one is a Medical Laboratory Technologist who have been there with them LESS THAN A YEAR YET)
I went for work at 7 am - 3pm shift on 14th of April 2016. As a normal habit already, the Managing Directress spoke with me during duty hours. She was furious with me when one of the Filipino staff reported to her agency questioning the veracity of her contract from 1 year period, now changed to 5 years period. She threatened me that I will be kicked out of the accommodation that I will be sent home in surprise.
Our Accounts' Manager called me up at 10pm on 14th of April 2016. Basically, this is the time I am sleeping from the turmoil of day's work. He told that the Managing Directress has already booked a plane ticket on 15th of April 2016, departure time at 5:00pm. Without my knowing, without even showing the day before of the itinenary of the said plane ticket. They kept on calling, telling me to LEAVE BAHRAIN IMMEDIATELY and my passport- which was taken from me since the start of work, my salary and indemnity benefits will be given at the airport prior to departure.
I was shocked and in trauma when I received a call from them. I said prayers, asking God for the right decision to do. Sobbing with fears, and stuttering, I called up 995 (LMRA hotline against Human Trafficking) at around 11:50pm. Hoping somebody can help me out of this trauma, fortunately am I, one of the personnel picked up the line. I went to Northern Selah and stayed there.
The following day, 15th of April, one of the trusted colleagues informed me, out of her curiousity that there was a written notice for all of the staff indicating," AS PER DR. ______, I AM NO LONGER ALLOWED TO ENTER THE CLINIC AND ACCOMMODATION PREMISES."
I was advised to go to Police Station and file a case regarding my passport. In writing, I have already received it without even them showing their faces.
I went to Ministry of Labor to complain about this sudden, and forceful decision. I have filed a case there. Days after, the Managing Director went to Ministry of Labor and she told the lawyer that she will not pay me the compensation - for the remaining 3 months because she did not terminate me.
I was then advised to bring the case to Ministry of Justice.Which I did this already.
I have informed other responsible and higher authorities in the Philippines and here in Bahrain. I have an open communication with them.
I am asking from you, my fellow expats to kindly give me more legal advises before the first court hearing.
How long should I wait for the result since my visa is only until July?
Very sad to hear the incident. I have seen and heard of many termination without prior notice n even without compensation. No proper labour law or justice for expats here. It seems that they don't hav any mercy or kind heart towards employees..though Quran says to provide proper reward to the workers who works under them. Try to get ur passport n leave the country. Don think bout compensation now. A bright future awaits u. Pass other qualifying exams like ielts ,haad or oet n escape to a better country. I wil pray for u. Surely god wil punish them ...
Thanks Sini for the advise!
I have informed as well the responsible and higher authorities in the Philippines and I have an open communication with them.
I am really saddened about the situation. But this kind of people should know that WE ARE NOT SLAVES. I just want to claim my rights.
As per the passport, I have already with me.
As I know, if you opened a case at court, you can't leave country till case ended.
For this and other questions, it's better for you to contact to a good attorney, who have experience on these kind of cases between employee and employer.
I think you have done everything correctly and that the authorities will help you. Your embassy should give you someone to represent you.
It is awful the way you are being treated - I wonder how many people would continue to use the hospital if they knew how the staff were treated.
Do you still have a copy of your resignation letter and the receipt from the post office for the registered post? This may help you.
Maybe you should contact the GDN, the DT and the GWN. The newspapers could make it very difficult for the hospital by naming and shaming them. Worth a go
Thanks for the advise! I will consider your opinion.
Thanks Jos for the advise!
The Philippine embassy are well-informed and updated about mine as well as the cases of other Filipino staff still working in the clinic.
I have the "pink card" which was given when my formal notice has been received and copies of letter of resignation.
Thanks Jos! I will consider writing them about the case. Hope I can get a quick response from them.
Hi,
Sorry to hear about your unfortunate situation, i hope everything goes well. good luck & god bless.
T&R
Hi Liali,
I have read your story and instead of pitying you, i admire you for being so brave & strong. Very rare people have the courage to fight for what is right & just just like you did. You are indeed an inspiration to some people who are afraid to claim their rights as an individual.
I actually have a nurse friend, just almost the same your situation but she refuse to fight with her management and just decided to come back home to our country.
Well this is what i can contribute Laili, Please don't make your visa lapse on its validity. Disclose to a person whose handling your case about your visa, otherwise it will very hard for you to win a case. Valid visa is the first and foremost requirements when you have a case in the court. Believe me, all your rights will be useless when you don't have a valid visa while staying here in Bahrain.
And cheers for having a pink card for registered mail. Go and find new employer so you could obtain a valid visa right before your visa lapse. You can able to continue the case only if you have a valid visa.
Best of luck & keep fighting Liali.
Regards,
Lhulu
Hi Lhulu,
We are both Filipino but for the benefit of other readers who are interested about this case, allow me to write using the world's most spoken language.
I want to thank you for the wonderful and very positive comment. I am trying to consider your opinion finding a new employer after the first court hearing as my anxiety has already speed up to a higher level.
I love working, especially with pediatric patients. I am passionate and fully-dedicated with them.
This fight is not for my self alone but rather for other expats who have been displaced, blackmailed, bullied, or who've experience forced employment, who are scared when circumstances like this happened to them. I may sound like a hero here but I do believe that we are protected by Bahrain Labour Laws. We just have to sit and have an overview of it, then stand up for your rights, give it a fight, do not act as a coward.
For there is equality in humanity, no matter what culture, race, or religion you came from.
I am single by the way, the only girl in the family (except for my mother of course😆) and the youngest of them all. I came here in Bahrain alone far away from Philippines, yet I stood firm even up until the last minute when my employer have cursed me that I will be BLACKLISTED here in BAHRAIN because I pursued fighting my rights in front of the court.
I have no resources, no salary, nothing at all. But I thank God for His guidance and my loving, supportive and generous friends who've helped me to where I am now.
I do not know what will happen next. Whatever the court decision will hold, I am happy of what I did and the lessons learned from what I have been through.
Your courage inspires me dear. Unfortunately I m not in a position to help you because I m a jobless person right now. Some of the Arab people have a wrong attitude towards Asian girls. They thinks they can abuse them in any way n no one going to question them. They wil soon learn a lesson because their major financial source... The crude oil n petrol prices are going down and they never learn the value of hard work in their life time. Please excuse those who behave well mannered. You don worry about these issues.god wil surely show you a way. Try to escape to Canada Australia or USA once u become financially stable. If we had enough money to survive in our home land we wouldn't have come this long to get hurt. I am praying for u ..don lose hope ..God bless.
Hi Sini, thank you for that wonderful message!
I dreamt of having financial freedom thru my hardwork and perseverance. I had never thought of being treated this way.
I believe you, not in general but some of Arab people think of other nationalities as an "under-dogs". Correct me if I am wrong but I am speaking through experience.
We came here to work for them and it is their obligation in return to show us some respect. It is a win-win situation.
Your opinion is correct because we experienced that way. Anyways let us hope for the best in future. U can download ielts materials from Google n do a self study. Once u confident enough and financially independent try ielts exam n express entry to Canada. Because we wanna survive.we r here to earn a livelyhood , neither to fight or to make any sort of conflict. Moreover we are trying to build up economy of Bahrain as well and we love this country same like ours. Sadly this countrymen r fighting with each other and spoiling their reputation.
Hello,
Sorry just now I got through your message, haven’t been in the forum for months.
I filed a case against my sponsor. It’s more than a year now, yeah, it will take time I know. But the main thing here is, I pushed through and fought for my rights. It does not mean that we are only expats then we are lesser humans than the locals here.
Keep on keeping on no matter how hard the going may be as Napoleon Hill said.
I hope everything is going well with you!
Regards,
Liali
Hi! Im being threatened not to resign although I did post mail already. The employer wouldnt release me. Can you please help me out please. I fear for my life and my child..we dont have funds anymore as they did not release my salary. Can I please ask for guidance and advice.
I have written about this multiple times. Use the search button.
Basically file a case at Ministry of Labor. Then go to LMRA and inform them you have resigned and register intent to transfer. You can move to another employer without previous employer consent if you have worked with them for more than 1 year.
Thank you for the response Xtang..unfortunately im only less than a year with them..and for sure they will not give me NOC and will not even give me employment certificate even...what should I do if Im less than a year? Another employer will get me actually and they have visa for me..thank you for the response
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