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Difficulty with Changing the job.

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Mazhar359597

Hi All. I am new to this page and having a problem with my current employer. I am unhappy with the salary, accomodation and am 3 months behind on my pay slips. I have got an offer letter from other company and now my current employer needs me to bring someone in my place and train him and then leave. Which is practically not possible. No one would get into this mess except for me.
Someone please advice me. And I missed telling that I have also signed a offer letter with current employer 2 year contract on his company letter head paper.

XTang

I have responded to similar topics dozens of times on this forum.  Use the search button.

In addition, you haven't given any details i.e. how long have you worked for this employer, has he given you a work visa etc.

If you have worked for the employer for 1 year or more, you can resign following this procedure i.e. mobility without consent:

https://lmra.bh/portal/en/page/show/194

If less than 1 year, you can still resign but can't get mobility without consent.  Your visa has to be cancelled and then a new employer can apply for you.

For salary and other items, you would need to file a case at the Ministry of Labor.

Mazhar359597

Thank you for your reply xtang.

It will be exactly one year on 13th november 2019. after that my visa will be expired and after that can I opt mobility or can I ask my new employer to provide me with the new visa ? please reply. thank you.

XTang

Read the links I posted above.  You can only apply for mobility if your visa is valid for at least 3 months at the date of application.  Else you have to cancel your visa and new employer can apply for you.

CaptainWally

Hi Xtang,

I have read your posts and responses on diff. Threads but I just want to clear up some confusion in my part and to make sure I dont get sued for damages and breach of contract.

I have been with my current company for almost 1 year and 6 months. I found a new offer from another company which gave me better benefits and better management. I submitted my 1 month notice to my employer personally last nov. 2 and he just informed me yesterday that he wont accept my 1 month notice and I need to render 3 months atleast. The new company cannot wait so I went to LMRA as per some of the advise on the threads here and the LMRA asked me to fill in a mobility form and then they gave me a printed mobility intention request form and they advised me to submit my resignation via post office. Then give my pink slip to the new employer so they can process my visa.

My main concerns are the following:
1. I did not complete my 2 year contract with them.
2. The employment contract I signed indicates that I need to give 6 months notice if I wanna terminate or resign. (Which is hard as no company will wait that long)
The second one bothers me the most. As im afraid they will go to labor office and sue me claiming for damages and breaching of contract. I did bring that concern up to LMRA and They assured me my employer cannot file a case against me cause I would have given a notice by then via post office. But I dont know if the labor ministry will see it that way. Is there a valid case against me?

Can you give me assistance on how to proceed? This is my first job in bahrain so im not familiar about the process.

CaptainWally

XTang wrote:

Read the links I posted above.  You can only apply for mobility if your visa is valid for at least 3 months at the date of application.  Else you have to cancel your visa and new employer can apply for you.


Hey I saw your posts on diff. Threads and I would appreciate your input on my situation which I commented above. Thanks

XTang

1) Doesn't matter if you completed contract or not
2) Notice should be as per labor law. But to be on the safe side, I suggest to consult a lawyer. I recommend Khalid Khan. Google him and give him my reference.

CaptainWally

Thank you for your advise. I will try to contact the lawyer you recommended but I feel like it would cost me alot which is something I wanna avoid as I really dont have the funds to get legal representation.

You mentioned that the notice should be as per the labor law. Am I correct in assuming that the notice should be somewhere between 30 days up to 90 days. But in my case in the contract they gave me it says 6 months is that even legal?

And by the way the contract mentioned that if I wish to terminate my contract I need to pay them damages for training costs, admin fees and visa they paid for me. Is the visa part legal or are they allowed to asked me to pay them somehing?

XTang

The notice period is the point that you need to clarify with the lawyer.  As per labor law, the notice period is mandated i.e. it cannot be shorted than a certain number of days.  On the longer side, the law is silent but then, if both parties agree to a contract, it should be enforced.  But this is a key point to be clarified with the lawyer.

You don't have to pay them anything.  That part is absolutely clear.

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