Relieving from Present Employer

Hello All,  How are you? Hope every one is doing great.
I am presently working for one company in Bahrain from past 10 months.
Due to some personal reasons , I want to quit my job and submitted resignation, but company officials are insisting that I have signed 2 year contract and I am not eligible to quit the job in between.
In the contract I signed, there is one clause “ Notice Period: Either Party has right to terminate the contract by giving 30 days notice in writing in prior to the period of completion this contract , in case the employee din't give the notice in this period the contract will be automatically renewed for another 2 years , as per Bahrain labour law”.
Referring to this clause company officials are claiming that they will not release me in one month. They will release me only after my substitute joins the company which is open ended...donno when the substitute will join.. When i am arguing with them to release me after my notice duration, they are treathening that they will drag me to court.

does the company has right to do so??Am i not eligible to give one month notice and move out of company???

Please suggest me how to come out of this problem. I shall be very much thankful to you!!!

I am afraid you cannot get out of the situation. Contracts should be carefully read and altered before signing.

You have signed a 2 year contract and you must stick to that. Only way out is if someone better than you is found to replace you.

You may have to pay back all your allowances if you leave early too. Flights, accommodation, travel etc. Be very careful

Dear Josnuggles,

But I gave one month notice right??? Does the clause does not mean it??

It says NEITHER party can terminate before the 2 years is up

I am absolutely sorry… its Either… I have edited my post...

Then you should be free to leave. Them getting a replacement person is not your problem. Speak to the ministry and get advice on how to handle it and be careful they don't put a travel ban on you.

Do you have proof that you gave 30 days notice? Email trail or signed letter etc?

Thank you.

Please suggest Whom to contact and How to contact in Ministry?? I have entire conversation had with my HR.( mail correspondance including my submission)

http://portal.lmra.bh/english/faq/category/1

I am afraid you are wrong on this one Jo. Every job in Bahrain is on a 2 year contract, even if you are permanent employee. The notice period depends on the company and there is no company in Bahrain which can force you to stay above and beyond the notice period.

So don't worry  sripriya. Just serve your notice and you are good to go.

Thank you Ms.Josnuggles.

Hello Mr.Brightonguy,

You are correct but if you see the notice clause which I mentioned in my first post, does it mean that I am eligible to give notice in 23rd month of my contract?? My company is telling like that..
My passport is with them and I cannot go with out their approval. They are threatening me that they will drag me to court when I am insisting them to relieve me after my notice duration.


Till now I am requesting them not to go to court because judgment May be time consuming..Please suggest what will be the consequences if my company goes to court??

Number 1, they are not allowed to keep your passport. This is not allowed in Bahrain. It may be in Saudi Arabia but not in Bahrain. I am assuming you are working in Bahrain.

Number 2, I cannot see anything in your contract where you are not allowed to serve notice anytime. You can, and should serve your notice now.

I would highly recommend you taking a copy of your contract, your CPR and go to LMRA and explain the situation.

Let us know how it goes.

I wasn't incorrect to begin with. The post has been edited since which changed my response (as you can see)

If I argue with my employer to release me after my notice duration, are there chances that they will black list me from entering in to country???How to avoid this situation?

Thanks for the responses.

What they are doing is illegal. You should speak to LMRA and explain the situation.

Jo, you were incorrect in both cases because you should have known that there cannot be a contract which can force the employee to live in Bahrain for 2 years and neither party can cancel the contract. If there was such contract, your advise should have been go to LMRA and tell them the details of your contract.

I have heard that some Indians are given a 2 year contract with no way out of it. Hence my advice to go to LMRA and giving him the weblink yesterday.

I also pointed out yesterday that he has already given his notice and he should take his contract with that proof of notice to LMRA to get further advice

You should go to the LMRA. There are people who specialize in assisting employees facing situations such as this.

If all that is required is for you to serve 30 days notice, that's all you have to do. Nothing else. However, since you have not completed 1 year, you may have to reimburse your employer for certain expenses. Once again, the LMRA can advise you on this.

I am ready to go to LMRA, but does the company has right to impose some false case on me and black list me? If company can do that, it will be problem for me.

Also please let me know whether I have to go to LMRA now or after completing one month notice period?? Please guide me.
Once again thank you all for your valuable suggestions / guidance.

The earlier you do it, the better. If you do go to the LMRA, please ask them about the procedure for "MOBILITY". That is the process by which employees can switch jobs locally with the least complication. Do tell them that you have still not completed 1 year since that has a bearing on some processes.

There is a chance your employer could try something nasty. Keep your head clear and work through the issues as they come. I am sure if you agree to reimburse the costs they incurred in hiring you, they should be alright. Try to discuss and agree this course of action with them.

Hi

Go to LMRA..... tell them your problem. That's it. They will advice you better. Don't get afraid of company... you are in a contract which can be terminated. Keep everything legal and safe. Don't get into argument with company official's.

One thing is that they cannot ban you. you have not done anything wrong.

But you should have wait to complete atleast 1 year so that you don't have to pay unnecessarily.

Mobility is another one option. Take a job in a good company and then they will take care of your visa and transfer.

Take care.

I already expressed my willing to repay the visa charges ( for balance duration) and flight charges. But still they are creating problem.

That's the reason I am worried.. ok then I will approach LMRA.
Thank you all for your valuable suggestions.

Please keep us in the loop. I am really interested to know what LMRA will say about the situation. Also we get many questions regarding contracts so this thread will be a future reference for those.

Sripriya


Did you approach LMRA?

small link that may help you..


http://portal.lmra.bh/english/faq/category/1

@brightonguy i have also personal issues and i m only 5 month working here in bahrain i have signed 2 years contract and i want to change my company so give me guidelines to get my release paper from my company!

Hello shresthabivek08,


Welcome to Expat.com 1f601.svg


Please note that this thread has been inactive since 2013.


You have a better chance of finding the information you are looking for by starting a new thread on the Bahrain forum to ask your questions.


Cheers,


Cheryl

Expat.com team

@shresthabivek08 read this thread https://www.expat.com/forum/viewtopic.php?id=829180