I am working at 5 star hotel , for 10 months . My employer arranged 1 year visa although my contract is 2 years. 1 month Before the visa expire, I give my resignation as I am going to another 5 star hotel . Reason I'm leaving because I got better position ( from Asst. Manager to Manager). I inform 1 month before they extend my visa so I don't have to pay for renewal .
My HR Director said I can not work in another 5 star hotel as Bahrain Law until 6 months and they want to fly me home instead. Now my HR department is finding away to ban my visa so my new employer can not apply new visa for me.
Is that possible?
Fyi, I didn't do any criminals or bad things these past 10 months working with this hotel instead I'm working very hard. I just give 1 day notice with all complete handover and that was upset my hotel now and they try to stop me working in another 5 star hotel.
Can someone tell me that is possible for my visa to be banned since I don't do anything?
Thank you
Visa ban
Well without knowing the specifics of your contract we can only make assumptions and speculate, so with that in mind my answer is as follows:
The fact that your visa was for 1 year and it was up for renewal doesn't mean that your employer is not entitled to ask for compensation for premature termination of your contract. As you haven't completed the 1 year period I do think that the employer is entitled to request for repayment of any costs incurred to the company in regards to resident/employment visa and air tickets, specially if the contract period in your contract is set to 2 years.
Most of the contracts I came across in Bahrain do not mention any "Restrictive covenants" (i.e not been able to work in Bahrain for a competitor for a given period) so my advice is to read carefully your contract and see whether such terms exists in your contract and have a look at Article 73 of the Bahrain Labour Law. If there aren't any such terms you might be able to challenge that request from your current employer.
Not sure in what grounds your employer can impose a ban on you (maybe as a 'runaway' ?) but if I was in your position I will try to come in an agreement with them (even if that means that you have to pay some money as compensation) as the employer could certainly make your life difficult by either imposing somehow a ban on you or by just delaying your release. Have a look at this link Expatriate Employee Transfer for details regarding transfer to a new employer with or without the current employer consent.
Best of luck
Sorry to hear about the unfortunate situation, as capriole mentioned it would be better if you could sit down with your current employer and get things settled.
T&R
I think some sectors of employment have an anti competition clause favouring employers for the first year. Always better to complete contracts and leave amicably.
Thank you very much Capriole! , appreciate your message and my apology for late reply.
Yes they have no grounds to ban my visa what so ever. However, this has been sorted it out.
V/R
Vicky
True, you right.. but in my case , no clauses in my contract mentioned about cannot working for competitors at all. Thank you to posted your comment.
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