Resignation during Probation Period

I think the people working in that company has given you the situation in that company if you remain in that company you should expect same thing. All what I can advise you is to pray about it because the company can put you in serious problem. But try to get the offer letter from the new company first then talk to them that you will join them within the 1 month they give you. So if you resigned from previous company the company allow you to go without making your visa hard to change good for you. But if no the company may send you back home. Just pray about it and careful.

Hi
Kindly go through the below mentioned posts

https://www.expat.com/forum/viewtopic.php?id=791318https://www.expat.com/forum/viewtopic.php?id=757775https://www.expat.com/forum/viewtopic.php?id=743397

after reading if you have queries let us know
T&R

See the threads logicalindian posted as most of them have similar issues and I have addressed them already.

Also keep in mind that for no-compete clauses to be enforceable, these must be specific and time limited.  For example, you cannot work with companies in industry xyz for a period of 1 year within Bahrain.  I have never heard of a 5 year no-compete clause which is worldwide!!!   it cannot be legally enforced.

Your employer sounds difficult i.e. they might not transfer or cancel visa.  My personal view would be to resign during probation period, give the notice in writing, go to LMRA and share that with them to get employer to cancel visa and save yourself from risk of being declared as absconding.   If you do it after probation, you have to serve notice period and then do the whole visa cancellation follow up.

Hi fellow expats,

Thank you all for the suggestions and advice. My probation is getting over and still I have not receive the offer letter. The guy who took my interview has gone home for vacation. I had tried to contact him but with no success. I will be proceeding with the probation only if I get the offer in hand. I will keep you all updated about this.

Please include me in your prayers.

Good luck!

Hi,

Today I got 2 call from the new company around 4.15 PM. I was in the evening shift and is not allowed to take the mobile with me, it was kept in Security room. I found the miss call around 7 pm and tried to call back, but it seems their office has closed for the day. I messaged the guy who took my interview about this and informed that my shifts this week is from 3 pm to 11 pm and I will not be able to answer the call during that time. Hope he will be calling me tomorrow.

A friend of mine is working in the would-be-my new company and I called him. He told that the new company will be providing Visa to India, they are OK with my candidature and the call would be to confirm it. They will give 1 month time after releasing the offer letter, but I have to make sure that my present company is not putting any ban on me, in which case the new company will not be able to apply for Visa. In such case I will lose both the jobs.

Last 2 months I got my salary on 9th/10th of the month. My first day with present company was 8th of May 2018 and so probation will be over by 8th of August 2018. So if I have to resign during probation, I should do that at-least by 6th of August. Then what will happen is, they will hold my July months' Salary. Anyway to get that Salary? Because I had worked very hard day and night and it should be given to me.

One of my colleague told me to check my contract in detail, there are chances that this company can cause too much issues to me, as was done to people who left from here. Is there any one who can go through my contract and inform whether my present company cause any problem if I resign in my notice period?

Look, your timelines are very tight and the chances for something going wrong are high as your employer seems to want to cause problems.

They can hold the salary and you can get it back by filing a labor complaint.  Also, they can't put a ban on you just like that but they can delay cancelling the visa.  In my post above, I told you how to approach LMRA for the cancellation.

My advice now would be to engage a labor lawyer who can guide you through this process.  As any delay and you lose the job.  Spend some money but at least you have a professional guiding you day to day vs. posts on a forum!

I have heard of Khalid Khan who also has a blog.  He is supposed to be good.  Look him up.

Hi Xtang,

Thank you for the suggestions, I will try to get in touch with him.

But the company who has not paid the pending amount to employees(24-25 months salary), even after they won the case in court.... how can I expect them to pay my 1 months salary 

It varies case to case and depends on the situation of the company.  That other one didn't have the money to pay and I think that some of the directors will end up in jail.

I contacted Khalid Khan and he suggested me to check with LMRA. He told it would be better if I can go to LMRA in person. He think it wont be possible to change to new employer in 1 year if my current company doesnt permit.

If you read the threads posted by logicalindian above; on one of those, I also clearly highlighted the fact that you MUST have worked with your employer for at least one year to be able to "transfer without consent".  So your current employer's consent is a must for transfer.

However, I already told you to approach LMRA for this reason i.e. not transfer but visa cancellation.  They cannot transfer as you haven't worked for one year but you can push your employer to cancel visa which gives the new company 30 days to apply for one on your behalf.

You need Khalid Khan once you have done the initial steps I highlighted (not now) i.e. resign in writing, go to LMRA and brief them and push to cancel visa.  If they start playing dirty like holding money or not cancelling visa or putting absconding case; THEN you bring him in.

Planning to visit lmra on Sunday in sha Allah

Hi Friends,

I had a second round of interview with the new company and hope they will be issuing offer letter tomorrow. I am planning to visit LMRA office tomorrow. I will be taking the following documents along with me

1. CPR
2. PASSPORT
3. Employment Contract

Anything else needed?

Also can anyone point me to a sample resignation letter(during probation)

Regards,

Copy of the resignation that you sent to the employer.  If it was accepted, a copy of the acceptance or else, a copy of the pink slip for sending it via postal mail.

Keep in mind that LMRA will advise you but will not do anything.  As you have not resigned.  Everything starts after your resignation.

You can get a standard template online.  A generic one is ok.

Hi,

Before going to LMRA, I call to their office and they asked me to check with Ministry of Labour. I came here and took legal consultation with the official. She told me there is no issues in resigning during probation period. But Lmra rule says you have to serve for 1 year before moving. I asked about resigning current company and for cancelling the visa. She told it has to be taken care by Lmra and it would be good if I can sit with the employer and clear it amicably.

On my way to Lmra.... it definitely is a very tiresome process, that too without a vehicle. I am walking all the way to different bus stops.  Any way a good experience.

My new company has not given me the offer till now.... 😑

Yes, as I said:

You CANNOT transfer as you have been there less than one year - only if your company allows
You CAN ask for visa cancellation and LMRA can help with that BUT you have to resign first

Yes Xtang, I understood..... resigning without getting the offer in hand will be too much risk. The new company also told me the same during interview.... the main issue is my probation will be finished in 2 days....

Let's hope for the best

Im currently working in a company under probation. I have bahraini wife visa.
It's my first time to work having this visa that why I'm not sure about the laws..

As per HR they applied visa for me under the company at the same time my visa is still under my husband name which I'm really confused.
(as I know I need only work permit).
Also they asked me to do medical.

I am planning to resign in a week as I got a better opportunity my questions are
* do I have to pay them anything if I resigned?
* regarding the visa they applied do I have to ask them to cancel it? If yes do I need to get any papers from them?
* is it also applicable for me to resign with just 1 day notice. And am I entitled for the salary I work during this month.

Thank you in advance.

Already answered on your other post.

To keep it simple, you don't need to pay them anything and you can resign with 1 day notice during probation.