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Resignation while in probationary

Fallofeden
#1
Hello sir and madam. I need your experience living and working here in the kingdom of Bahrain. I’m working for over 2 months now, so my question is
1. does that still apply as my probationary period??
2. can I resign from my current job without any responsibilities, fees to pay to my current employer??
3. If all questions above were to be answered by yes, can I automatically apply to other company without any problem??

10-13 straight hours duty. No overtime pay, straight 2 weeks duty sometimes, which means no off. Can someone please help me to clarify these things so I can take action?? I would really appreciate it.
See also
XTang
#2
1) Your probationary period is as listed in your employment contract.  The labour law allows for up to three months probation for most occupations and in some cases, six. Your company can decide on a lower probation period so check your contract
2) Yes, if your contract does not specify any penalties or special clauses
3) Yes and No:

For you to transfer your visa to another company in Bahrain; it can either be with current employer's consent or without.  If they consent, then no issue.  If they don't consent, you can still transfer BUT you must have completed at least 12 months with current employer which you haven't.  The other option is that they cancel your visa; in which case you have 30 days to find another employer to sponsor you.

Read this: http://lmra.bh/portal/en/page/show/194
Fallofeden
#3
Thank you Xtang!! Yes, I saw probationary period in the contract. What if my employer doesn’t want to cancel my visa?? I’m locally hired here. They didn’t get me from my home land. Is there any fees or charges that my employer will charge me? I just want to leave in peace.
XTang
#4
They have to cancel your visa once you resign. I was referring to transfer or mobility for which they need to consent. They cannot charge you any fees unless you both agreed on this in the contract that you signed.
@harleyquiin
#5
hi,my case is same as her, but in my contract it said the termination of the contract depends on who voided the contract itself.. in the contract is says that we must have 24hours completely rest day,and not less than half an hour for breaks,but my employer dont follow that so if I want to go back in my country,the will shoulder all the expanses?
@harleyquiin
#6
I just want to go home before my health cost me more than the salary I get I work too much no rest day and lunch breaks..how am I suppose to do myjob well?I dont want to have a problem with my employer regarding the legalities but I know my rights and the law here,so ill fight for it, I just need your advise on how to do things right and legal..thank you
XTang
#7
You need to approach ministry of labour and file a complaint relating to contract violations about day off and breaks. I wouldn't resign before this complaint.
@harleyquiin
#8
can I file complaints in the ministry of labour online?because I cant go out in our flat without my employee,and there is no chance because im qorking 7days a week..
XTang
#9
No you have to go in person. You can try the complaint portal... Think its called tawaseel to report a violation but there is no guarantee.
@harleyquiin
#10
if I resign without going in the ministry of labour there is a chance that my employer will make me ahoulder my expanses?even if they were the one who violated the contract?
XTang
#11
You cannot prove they violated the contract after you break it. You have to first complain and have that in writing so that when you do resign, you are able to show evidence that you tried to fix it first. I would give a month between complaint filing and resignation. Its your decision - I am just giving advice.
@harleyquiin
#12
thank you Xtang for your advise.. I will go to the ministry of labour before I resign to make sure..thankyou =)=)=)
@harleyquiin
#13
I have found another company and they are willing to take me..is there any chance that I can resign without any problems with my current employer?
XTang
#14
I have absolutely no idea about your employer or whether or not they will create problems.

All I know as per the law is:

1) You can resign in probationary period.  Do it in writing and keep evidence of the same
2) Your employer needs to agree for transferring your visa to another employer.  If they don't agree then they have to cancel your visa.  If they cancel, you have 30 days to get a new employer to sponsor you
3) Once the visa is either cancelled or transferred, you can start working for a new employer

But I would advise you to resolve the matter with them amicably.  As the employer can create a lot of problems if they choose to.  They can choose not to accept resignation in which case you will have to send it by registered mail.  They can delay cancelling the visa or report you as runaway etc etc.  All of this can be sorted of course but will take time, money and effort.
tarywalkman
#15
Hello,
What if an employee is "terminated" in probation period?
Can a employee stay for some days in bahrain?
XTang
#16
Your termination and visa are two seperate things.  Assume they both happen at the same time ie you are terminated and visa cancelled; then you have 30 days to leave Bahrain.
tarywalkman
#17
Hes visa is not yet cancelled...he already checked it in morning.
he has the termination letter with 27/3/18 mentioned as a last date.
Employer is saying they will book ticket for 27th only but he wants to stay for atleast one week. What should do now?
XTang
#18
Talk to the employer and agree a time. They can't make him leave. He has 30 days once they cancel by law.

Worst case is that they won't pay for the ticket if he delays departure.
tarywalkman
#19
Hes not worry about the ticket...he can buy himself but he needs some more days in bahrain. And they are insisting him to go on last day only.
Can he legally stay for some days as he is terminated in probation period.
tarywalkman
#20
I can help him get employed in my company for that we require first week of april.
But i think his employer doesnt want him to get a new job here itself. He is despair now.
Can he stay for some days after 27th.
XTang
#21
You need to read what I wrote carefully as I have already answered the question.

He CAN stay for 30 days after his visa is cancelled.  Irrespective of what the employer says or what stage of employment he is in i.e. probation or otherwise.

But if he does do that, they may not give him a ticket back.  And they can play in other ways like not cancelling his visa etc.
tarywalkman
#22
He was thinking that because he is terminated and not a matter of resignation so he will not get any grace stay permit. Whether termination or resignation, he can have 30 days no...thats it.
What if they do not cancel his visa?
XTang
#23
You are again confusing two issues.  I have clearly stated my point above.  He can stay.

Suggest to talk to employer first.
tarywalkman
#24
Yes. Ill tell him to talk to employer first.
Thank you.
tarywalkman
#25
Hello XTang...his employer says he has to leave on 27th and he will book his flight for the same day only. And he doesnt let him to go to the upper management at all. Now what should he do???
XTang
#26
It's his decision.

If he wants to stay then:

1) Inform his employer in writing.  Mention that as per the labor law, he was terminated and his notice periods ends on x date.   Also mention that the employer should cancel his visa as of that date and that he will leave Bahrain before the expiry of the 30 days post visa cancellation.  Put a CC on the letter to LMRA/Ministry of Labor so that employer knows that he will go later to share the same with those departments
2) Approach LMRA and Ministry of Labor with termination letter and above letter.  The purpose being to formally record the fact that he has been terminated and is requesting cancellation.  So that at some later stage, the employer doesn't record him as absconding or runaway.  They will also advise what to do as well
3) Request employer for ticket for later date.  If they refuse, decide whether he wants to fight them for it or pay for it himself
tarywalkman
#27
Hi...they have cancelled his visa today.
And they have booked his flight now what he will do?
XTang
#28
Honestly, I am now beginning to get annoyed. 

It is clear to me that you are not bothering to read what I have written.  Every single one of your questions has been answered multiple times.  But you keep asking the same thing over and over gain.

I will respond one last time and after this, if you ask the same question again; don't expect a response.  I am not going to waste my time just because you don't bother to pay attention.

He CAN stay for 30 days after visa cancellation.  It is entirely up to him.  If he wants to stay, in my last post above, I have highlighted the suggested way.
tarywalkman
#29
Thank you Xtang.
:-)
T
#30
Hi,
Just a simple yet complicated question.
If an employee is terminated by the employer on probation period, can they cancel the visa?
Initially they said they would give the employee a month to transfer visa, and suddenly they r like giving 3 days to transfer the visa, if not they ll cancel the visa.
And also the reason for termination was because the employee took 2 days sick leave and failed to inform the boss directly, but the manager was informed.
If ever an employee want to file a case against it, what will be the pros and cons?

Your answers will be highly appreciated.
Thank you
Buzzlie28
#31
Good day..

I have a question, in my case im currently working in this company for 7 days however i want to transfer in a new company. My question is can my visa can be cancel in my previous company? Do i need to pay for the cancelatio  of my visa? Cz base on my personal knowledge im still under 3 months probitionary. Kindly correct me if im wrong.. thank you
logicalindian
#32
please read all the comments properly
T&R
J
#33
I worked 9 days plus 1 day notice. Am I entitled to get the salary for the days I work?
If they refuse to pay me what steps I can do.
XTang
#34
Yes.  And if they don't, file a case at MOL.
S
#35
Hi I m work as security guard in company but I want to go back to  home .. My probation time is not complete .. but the company demand 500 BD I don't have  . What can I do ..?
logicalindian
#36
Read the comments from beginning by XTang, you answers are there.

T&R
C
#37

@XTang.can i resign since i am under porbationary status?I am direct hired from Philippinez and we agree there is no salary deduction if i am here in bahrain.Can i resign in my work?

XTang
#38

Read this thread from the beginning.  I have already answered this multiple times.

C
#39

@XTang

Thanks to you..

J
#40

Hi good morning,how are you hope all is well with you .im currently here in Bahrain. I been working with my current company for 2years and 5months but within that time i was in sick leave for 6months.then come back here again now im on annual leave and i found job. I come back to Bahrain to file resignation is it possible that i can resign or i have to finish my annual leave.please advice me.i send also my resignation in post office.maybe im gonna speak with hr by today because she may receive it.thank you

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