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Do I have to pay my employer back for expenses

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Guestposter7

Do I have to pay my employer back for expenses such as accommodation and ticket?

I want to resign during probation period and I have been asked to pay them back? is that fair?

XTang

No you don't have to pay them anything.  And I already told you that on the other thread you asked your questions on.

Guestposter7

no because they have an agent who is claiming I have to pay and i cant get my passport. Also, They are refusing to accept my resignation claiming the probation period is only the company

XTang

You need to read very carefully.  I have addressed your questions already in the other thread.  For the last time:

1) Go to the police to get the passport back.  File a complaint.  If any issue, go through your Embassy and Ministry of Justice court

Read this:
http://lmra.bh/portal/en/faq/question/6http://blog.lmra.bh/en/2011/01/17/what- … e-it-back/


2) Send the resignation via registered mail.  Once received, go to LMRA and register intent to cancel your visa stating you haven't joined

Read this:
http://lmra.bh/portal/en/faq/question/44

3) Go to Ministry of Labour and file a formal complaint stating all the facts

Read this:
http://lmra.bh/portal/en/faq/question/1

Forget about whatever the employer is saying.  It is your choice - follow the law as per advice above or believe whatever your employer is saying.

man1234

Hi please let me know where this clause is mentioned or please share the link

XTang

Read the labor law for details.  Shorter link from LMRA website.

https://lmra.bh/portal/en/faq/question/13

man1234

LMRA website mentioned that "No, the employer is not allowed to charge you any fees for the work permit, but he has the right to sue for damages as a result of the breach or premature cancellation of a time-specified contract." 

Here mentioned that employer has right to sue to employee, what do mean by this, on what heads they may ask to sue.

XTang

Look, you are confusing different things.

I already explained previously in this thread that labor law doesn't allow employer to charge recruitment expenses or visa costs to you.  That is the only thing that is relevant to you.

Legally, if you want to know, they can sue if loss is caused to them by your actions on a time limited contract - this is NOT for recruitment costs.

man1234

Thank you very much..

man1234

"Legally, if you want to know, they can sue if loss is caused to them by your actions on a time limited contract - this is NOT for recruitment costs"

Can you please elaborate more above.

XTang

For example, if you were hired to help on a big contract with an external company and your leaving made the company lose that contract - they will have to demonstrate that your leaving caused them financial or reputation loss.  If they can, then yes they can sue you.  Usually, it is very difficult to prove for junior employees. But this action is for damages to employer NOT for the recruitment costs they incurred in hiring you.    All LMRA is trying to say in that statement is that while you are safe from having to pay the visa/recruitment costs to your employer; you are not safe from other costs that may arise from civil lawsuits.

In the vast majority of the cases, what happens is:  Employer asks for payment for visa and other costs, you refuse and file a case with MOL.  MOL rules in your favor.

Also every situation is different and no one can predict what can happen.  If you are worried, consult a lawyer, share your situation with him and he can advise you properly vs. getting worried unnecessarily over every wording of the law.

man1234

Thank you for explaining me.

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