Menu
Expat.com

Ran Away Case

Post new topic

Mariet2018

Hello!
     Im in need of some guidance. I have resigned from my company through the proper channel by sending my resignation through mail and I have received a pink slip from the post office. My last day was August 2017, and I was given mobility and my new employer is willing to transfer my visa. After a month of waiting for my visa, my new employer asked me to extend another mobility to lmra which I did. Here comes October I received a call from my previous employer asking why my new employer didnt transfer my visa yet. I followed up to my new employer and they said I have to ask for another mobility to my previous company. My previous employer gave another mobility. After a month I asked my new employer about my visa status and they said they are working on it and I just have to wait. Mid December I took my passport with them as they werent able to provide me new visa and I applied for another company.
     I found another company and they are willing to transfer my visa. They asked for a copy of my passport and  I just have to wait. I waited until January but I havent heard from them, first week of February I followed up my application and they said they are processing. I gave up so I decided to just leave the country and go home. Then I received a call from my previous employer that they had reported me as a ran away.
     I went to lmra and they said I do not have any issues with them but I have to double check with the immigration. After 3 days, I went to immigration and asked if I have any case filed against me. They said I have a ran away case. I went to my embassy and asked for help, they said they cannot do anything as  other than to ask my previous employer to give me an NOC. I called my previous employer, they said they want me to go to jail and that they will not give me a permit to leave Bahrain. Should I go to ministry of labour before seeking the help of a lawyer? I need your help pls. Thank you!

XTang

I am trying to understand the sequence of events but there are things that don't make sense.

Your previous employer first extended your mobility twice so that your new employer could do the transfer and then once again for yet another company?  and now they want you to go to jail?   I may be missing something here but this seems to be a very big shift in behaviour - are you sure you didn't do anything to cause them to get upset with you?   for example, you have been here without a job for 6 months now almost - have you been working illegally?

I fail to see what your argument will be to the Ministry of labor?  you resigned from your job and your employer did you a big favor by keeping your visa for almost 6 months.  I suggest you consult a lawyer first as probably the only argument you can do is that the employer cannot report you as runaway since you resigned (if you can prove that in a court of law) and they need to cancel your visa and allow you to exit.

Read this clarification from LMRA on the topic:
If there is any evidence that the employee did not abscond from work, or was absent for a specific and justified reason (example: leave, sickness, resignation, termination, dispute with employer, non-payment of salary, complaint case at the Labour Ministry, etc) the absconding report will be rejected.

Either way, you do need the NOC from your employer or a court judgment to clear that case.

Mariet2018

Thanks for your response. Actually my previous employer extended my mobility three times. They've been calling my new employer about my visa transfer. My new employer told me to work with them after my second mobility as my visa will be ready in two days. Then I wasn't aware that my new employer asked for another mobility to my previous company. I haven't done anything wrong with my previous company. I think the thing that irritates them is when they tried to contact me but they cant coz I changed my number and the only way to contact me is through my new employer. But then my new employer didnt communicate with me.

XTang

Now it makes sense.

“On the other hand, employers should never report anyone as absconding from work for any reason apart from actually ‘absconding from work’ for 15 consecutive days without notice or authorisation and only if the employee’s whereabouts became unknown to the employer and all real attempts to communicate with or locate the employee had failed"

You should have had the professional courtesy to keep your ex-employer updated of your contact details when you changed your number.  Especially since you were on their visa.

You can try one of two things now:

1) Go and explain the situation to your ex-employers.  Apologize and be humble.  Try to get them to remove the case and cancel your visa so you leave
2) Go to a lawyer and try to argue the above case from that angle.  However, keep in mind that the employer will show that they were trying to work with you and you dropped out of contact - they will be justified in reporting you as absconding in that case.  Secondly, if you worked during these 6 months illegally when on their visa; that would be an additional complication

Mariet2018

Thank you for your suggestions. I will try to do both ways. I'll be posting an update for everyone to know, incase they have the same situation at least they'll know how to deal with it.

Baba Pakistani

Aslam o alikum dear brother... I have big respect for you bcz you are doing very well for us... May ALLAH BLESS YOU AND YOUR FAMILY.... I just want to discuss my issue with you before 8 months ago my sponer run away me and after 3 months he cancel my visa and now I'm living in Bahrain with out visa asince 8 months. Now my relative sponer me from Italy. I want to know can I travel in Italy. Bcz my sponcer run away me n he cancel my visa... In this duration I make new passport bcz my old passport expire. I want to know can I travel with out any restrictions...

chababz07

Good  day just want to ask if my employer can report me as run away if i give resignation last dec 9 2021 and my wrokmate who is manager also received the letter?supposedly uan 9 is my last day but they ask me to finish till feb 9 atleast i followed the 2 months notice.but  when i ask them about my noc or mobility they didnt give me..i didnt report anymore to work after feb 9..they didnt contact me also if i need to report or no we dont have schedule also..

Articles to help you in your expat project in Bahrain

All of Bahrain's guide articles