Not taking up the offer

1) Don't send private messages which are just copy pasting your post.  It is not polite and we help on volunteer basis; it is not our job so a personalised request goes a long way vs. a random inbox blast.  Hence, wait for people to read and respond to the post
2) An offer letter is worthless.  It is not legally binding. The issue is that you are on the employer's visa which means a contract has been entered into
3) You are on probation for the first three months of your employment.  You can resign without notice.  Write the resignation, mention clearly that you are resigning before joining them and send it to your employer via registered mail while retaining a copy of the pink slip
4) Approach LMRA and share with them that you have resigned and want to request cancellation of the visa for this reason.  Basically document all that you can so that the employer would not be able to file runaway case against you
5) You do not have to pay ANY visa fee or any money for any notice period.  The notice period money is deducted from your salary - the employee doesn't have to pay physically (since you haven't joined or received any salary and are still on probation, it does not apply to you).  As far as visa fee goes, as per Act 19 2006 with regard to the regulation of the labor market, it clearly states that it is illegal to charge an employee any visa fee.  Refer to this law or get the demand from the employer in writing so you can report it to LMRA.  Unless of course you have agreed to something else in writing with the employer

First of all let me offer my sincere apologies for having posted the query as a private message to you. I was bit nervous about any possible action by my employer and hence looking forward for a quick response from you. I am extremely sorry about it.

With regard to the reply for the post I really appreciate your quick detailed response. I shall send the resignation letter today through registered post after checking with LMRA today morning.

In my offer letter it is mentioned as I should return the visa fees if I have to leave the organization with in one year of joining. That is why I mentioned in my mail to return the visa fees in all my fairness.

In the meanwhile is there any possibility the employer will file any run away case?  Usually how many days of absence is required to file such complaints with LMRA.  Though I took official permission to go for a short vacation after my visa was stamped, employer may consider that I am absent from the day visa is stamped. The way he was sounding to me over phone, seems that he may take some action.
Once again thanks for your quick response.

It's not easy to file an absconding case. They must demonstrate that you have been absent from duty for 15 days or more.  And if they file a false one then they can really be penalised.  This is why I am suggesting to document everything.  It would be good if you have the vacation approval in writing from your employer.

It doesn't matter even if you agreed to return visa fees.  You can choose to fight that if you want as the law supersedes individual contracts but it will take time and money.

Thank you so much for your reply. It is a wonderful service you are doing in educating and guiding the expatriates to exercise their rights.

I have two issues in my case.
1. I did not join the company officially, but I have been doing many tasks since 10th June going to the office spending few hours once in 2  or 3 days and sending reports regularly. I have documentary evidence of email communications of all the tasks performed by me with out any salary . Though the leave sanction was verbal there were few communications through email and what's app exchanging the information during the period of leave l.   Here the employer tells me that I am already on his contract though I have not joined but I am on his visa and hence he informed me to send a resignation letter which is okay for me.

2. Yesterday he was mentioning me that it may not be that easy for me to leave the job by just paying visa charges, as I have a clause in my offer that I have to serve three months notice period if I resign during the period of contract and also another clause saying that I will be on  probation  for a period of three months but that one day notice period is not mentioned in the clause .  Also he was saying  that he waited all these days for me to come on board and all of a sudden I am leaving and now he has to look for another person and because of this his business suffering. May be he will claim some compensation and three months salary plus visa charges which I cannot afford to pay. Moreover the salary he mentioned in the offer letter is a higher figure and in the LMRA ( GOSI) what he mentioned is half of that, means his own offer letter breachs with the system figure. This is to avoid paying higher  Gosi amount.

sir my query is should I mention in my resignation that I never joined the firm. if I do so then LMRA website saying one day notice period and he may attack me on this. But as I said I had worked for several days on an average of 3 hours unofficially.  And if I don't mention anything about my joining and just give the resignation then he may attack on three months notice period and may be compensation etc.

I shall post the important clauses of offer  and then you may advise what exactly to be mentioned in the resignation letter to avoid legal issues. He is definitely a unprofessional guy and will go to any extent as he is upset that I am leaving.

All the below clauses are reproduced as it is in the offer.

Offer clause no 7 : The initial contract shall be for a period of two years which will be renewed thereafter by mutual consent.( The visa was stamped for only one year validity)
Offer clause no 8: you shall be on probation for a period of three months during which period the contract. ( actually this clause was drafted by me with a condition that during the period of probation either party can terminate the contract with one day notice. That one day notice period he has removed but the clause was not completed properly because they just removed the one day notice period words only )
Offer clause no 9: The contract may be terminated by either party by giving a notice of 3 months to the other party. ( He is presuming that he can attack me by using this clause since it is saying during the period of contract which includes the probation period)
Offer clause No 10: in the event of request for termination of contract by you before a period of one year you will have to Bear  the expenses incurred by the firm towards the cost of visa for you and your family for the remaining period. ( I agree and in all fairness I shall pay this amount before I leave )

I need your advise on what to mention in the resignation letter based on the above facts and inputs.

Thank you very much for your time and effort.

It doesn't matter what he wants to do - there is a law that governs disputes.

Just resign referring to the offer letter saying "With reference to attached offer letter and the joining date of xxx, I would like to inform you that due to xxx reasons, I am unable to join your company and would therefore like to tender my resignation/intent to not join.  Please proceed with cancellation of the visa that you have obtained for me".

I would suggest that you get a lawyer and use him to help you with this as your employer seems to want to pick a fight.   Khalid Khan is one who posts on blogs quite a lot - you can find him on google.

Thank you so much

I have no words to thank you for giving me valuable feedback.

I have made the resignation letter as follows. “Further to the receipt of your offer letter on xxx date with your consent I had planned to joIn duty on xxxx date after a short trip to my home town from xxxx date to xxxx date. I had returned to Bahrain on xxx but I was not able to Join on xxx date due to some unavoidable reasons at my native home and accordingly I have decided to go back home.

Therefore and according to Articke no xxx of the offer letter ( this article in the offer letter states that I will be on probation for a period of 21 days ) and article 21 of labor law of Bahrain,  I hereby submit my resignation with one day notice and I will request you to cancel my visa and my family visa as soon as possible and I am willing to bear the expenses incurred by your company for the cost of visas.

I thank you very much for the opportunity given to me and request you to cancel the visa at the earliest and do the needful.”

But the employer says that since he has put three months notice period for the duration of the contract in the offer irrespective of the probation clause, he can collect three months notice period money from me.

Anyways I sent the resignation letter by registered post and my eamil and keep my fingers crossed.

Once again thank you for your Time.

The sad part here is that I have the passport in my hand and I can leave the country silently, but still I don't want to run like a thief.
Bur this employer intention is different.

Good luck.  I would still recommend to contract with a lawyer as your employer seems like trouble.  Also I wouldn't offer to pay anything but that is your call.