Terminated while on leave due to pregnancy (out of wedlock)

Hi! I'm an expat in Bahrain working for a contracting company. I left Bahrain last May 10,2018 and is on unpaid leave till end of this year 2018 as agreed with my employer. I am 2 months pregnant (out of wedlock) the father of the child is an Indian National who also works for the same Company. We ended up not in good terms when he decided not to do anything with my pregnancy and left for India for a whole week and blocked me from all the media where I can contact him.

May 08, 2018 when I received a call from a CID officer and asked me to report at the CID main office the next day. I was not advised regarding what, but when I googled the number used I learned it is from CyberCrime. I informed my boss about the call as he is aware of the situation between me and this Indian guy (Ex Bf, been together for almost 2 years). This Indian guy has been abesmce without official leave for about a week and my boss knows the reason why as I have informed him about the situation. Our boss knows him and his family and what extent they can do as they we're believed to be influential and have contacts all over Bahrain. My boss and I discussed and he suggested that I should leave the country that very same day of May 08,2018. He was worried that I will get detained and be stocked in Bahrain and my daughter (I am a single mom of a 9 yr. old, was with my via dependents visa) will be left alone wothout no 1 to take care of her. So we agreed to book our tickets and take the 1st flight that night. At the immigrration in the airport, we we're hold beacuse it was on their system that I am banned to leave the country but no specific reason written on their system and only advised me to go to Immigration Main Office the next day. My boss have called while we we're stocked in the airport immigration and later on have sent 2 ofy colleagues to pick us up from the airport. He then again called and said he have spoken to the uncle (Owner of G) of this Indian guy who filed the cybercrime case against me and said "they cannot withdraw the complaint and that I have to report at the CID office meet a specific CID officer and bring my gadgets along with me and delete all the files, photo's etc that I have about my Ex bf.

I went to the CID office the next day May 09,2018 and the CID officer upon seeing me started yelling at me infront of my daughter. ( I had to bring her because no 1 will look after her). When she realized my daughter was there she asked my daughter to stay and sat inside that room with other Male CID's and asked me to come along with her on the other room (her office) there ahe continued interrogating me with questions without explaining what are the allegations against me. She directly asked me to delete all the Photos of my Ex Bf and told me I will go to jail. I have asked her for what crime and she just mentioned for sending message to my Ex bf's mother. Yes, when my Ex Bf ran away to India I have contacted his mother and informed her about the situation, and our conversation was okay (to my understanding) because I have informed her and wanted her to know the truth which she agreed and said the same that she told her son she wanted to speak with me coz I will tell the truth. She have mentioned things that will happen and that his son will just get kicked out of their family as their family culture is strict and conservative. I guess she only said that to cover up for her son.

While at the CID office, the officer went through my phones and read the conversations, saw whatever photos I have sent to his mother and found out the truth and even asked to confirm if I am pregnant and how far I am. She was quiet after and then asked me 1 by 1 about the allegations filed against me, 1. I was in trouble with my former Company back 2011 and my Ex "gave me the job". Not true because I did. ot have any problem with my former company and I only met my Ex bf 2016, yes he referred me to the company beacuse he believes I'm smart but dis not gave me the Job because I wokred and proved myself for it. 2. That I am blackmailing my ex bf to expose all his secrets and photos in exchange for BD 3000. I have told him I will let his whole family knows about few things but never asked him for a cheap BD 3000! I was furious and said a lot of nasty things to him because he ran away and not respond with my messages. 3. I have contacted the father of the supposedly girl he was going to marry as chosen by his parents. Again, not true! I have contacted the girl herself but not the father and I did so way back January 2018 because we we're still together and I've noticed that he was hiding something from me so i got him busted but he still won't admit it so I told him I will find out the truth from this girl and that's what happened.

The CID officer learned everything and found out the truth and made my counter statement against their allegations but still, they confiscated my 2 phones and reformatted it without my consent. All data's were deleted and my phone's were returned to me woth nothing on it, no apps no anything! They have pronted the whatsapp conversation of me and the mother along with the photos and attached it with my statement but I was still asked to sign a document written in Arabic. She stated that with what I have signed, I am banned to communicate with my Ex about anything, not to him or anyone from his family, not a sinhle message, post on any social media about him or his family.

I left the CID office exhausted and traumatized. I fixed my phones and called my boss directly and he asked me to come straight to his office. There we talked about what happened and told me to check if I am clear to travel now that the case was cleared because "we cannot trust my ex and his family of what they will do next" Because I was traumatized and was worried about my daughter, I agreed to leave the country asap but told my boss that I planned to go back on June 2018 to continue to work and just comeback home by September, file maternity leave and unpaid leave till I deliver the baby. Boss helped me to re-book our tickets through our Company Travel Agent and fly the next day May 10,2018. Before leaving he had asked me to send an email notice about my leave to avoid questions from my other colleagues in the office, told me to put a personal issue as the reason of leave.

Few days being home, I received a message on FB messenger from a stranger working in Dubai ( A filipino employee from G)  He has contacted me because of the intruction of his boss ( the uncle of my Ex bf) and said they just wanna know the teuth from my side and settle the issue. I have told the guy not to entertain the favor his boss asks from him but he insisted and said it will only stop if I talked to his boss. They asked for a contact number so they can call. I have informed my boss about it and he asked what do they want. So I told him and he then called and told me about my employment status and plan on going back on June. He said because I am pregnant it best and safe to stay home and comeback after I deliver. Told me that he will keep my employment, pay my May Month salary plus 3 more. With a heavy heart because I really wanted to go back and work, but thinking what my ex and his family could do to me while pregnant and in Bahrain, I agreed with my boss. He told me to send an email requesting for an unpaid leave till end of 2018.

Meanwhile my ex bf's uncle called. At 1st he stated he does not have any intention to hurt me or got a problem with me working in Bahrain. Mentioned that I should not think anytime wherever I am I can post to any social media about what happened or whatever his nephew did. Threatened me that he will appear in front of me if I do so or if I contact any of their family and he will do anything just to punished me. Said that if I planned to go back and continue working in Bahrain he's got no problem and that he will call the CID and inform them for the same. He mentioned that he knows people in Bahrain and have contacts "up & down". Told me that there is no way that his nephew will marry me or will have any sort of obligation to me or the Child because their family will not accept it. He said it is a problem between me and his nephew and has to be solved between me and him alone, yet tells me I cannot contact him because of the CID document I have signed and at the same time tells me his nephew wouldn't want to talk to me. My Ex Bf cameback for work 2 days after I left Bahrain and is conveniently working in the office. Before I left our boss office that day, he agreed what this guy and his family did to me was wrong and that him and his family sympathy is with me. Our boss is a very kind person. I have recorded the telephone call conversation of me and my Ex Bf's uncle as an evidence. There you can hear all his threaths and even mentioned my boss and whatever he has gotta do with what happened. I told my boss about the part when my Ex Bf's uncle said he told my boss to "chose between me and my Ex" to continue working for him.

Yesterday morning, May 28,2018 I have receieved an email from the daughter of my boss (HR,Finance & Admin Support officer of the Company) stating I am being terminated and my last day of work is May 31,2018. My boss is Cc to the email and upon reading the email I have sent him a message for clarification and if the decision is final. He replied with "get back to you tomorrow". I am awaiting for whatever he has to say but I want expert expatriates in bahrain to advised me regarding this issue. I was working as the HR executive of the company and quite familiar with Bahrain Labour Law. Article 33 states that an employer cannot terminate a female employee due to her pregnancy, maternity leave, confinement due to pregnancy. I also know that an employer cannot terminate or cancel the visa of an employee while he or she is on leave.

Apologies if my topic is very long. I would really appreciate your comments and advises. Thank you so much in advance.

Did you back up the Whatsapp?

Hi Fred!

Whatsapp conversation between me and my ex bf are all gone including the previous conversation with his mom when I informed her about my pregnancy. But I have saved few screen shots of the conversations. Whatsapp conversation between me and my boss regarding my leave and the situations is saved on whatsapp.

When I got my phones back from the CID, I was not able to concentrate and have not thought of backing ul whatsapp at that moment and re-installed my iphone as "New Iphone". Was not able to retrieved the whatsapp convo between me and my ex bf and between me and his mom. All I have now are few screen shots. Conversation of me and the ex bf on Fb Messenger are there.

The only problem with the situation is that you are not on maternity or annual leave.  You are on unpaid leave.   This means that if they want to play dirty, they can show you as absconding and CAN cancel your visa.   You can of course fight back against that by approaching LMRA and MOL to file a complaint but the problem is that you are not physically present in Bahrain and the process will take time, money and expense.

I would suggest to first find out from your boss (and talk to him) to figure out why they are doing this.  Appeal to his sense of morality considering your pregnancy to stay the proceedings till you return or at the very least, keep your visa till you return and are able to find another employer.  Worst case, they should pay you the end of service benefits and cancel your visa as per normal so that there is no complication in the future.

Hi Xtang!

Thank you for your reply.

Yes, at the moment I am waiting for my boss to revert back to me regarding the situation as he mentioned on his reply last night "get back to you tomorrow".

I have already consulted with jawabkon (online lawyers)  and have received a reply from 1 of their lawyers. The lawyer suggested to hire a Lawyer inside Bahrain who will handle my case and file a police report for my protection from my ex and his family and to report on Labor Office about dismissal which according to the Lawyer is "arbitrarily dismissal" and is a violation of Bahraini Labor Law.

She also mentioned to travel back to Bahrain if my visa is still Valid (which is still valid) to do the procedures myself with the protection of a lawyer. I have no idea how much would it cost to proceed and how long it will take.

At the moment, I have a friend on stand by to report regarding my case to Philippine Embassy today.

Would appreciate if you could help and refer a Lawyer who could help with my case.

Thank you.

I have only ever used corporate lawyers as I was working on behalf of the company. But they may be expensive for you.  There is a guy who is well known and has a blog. His name is Khalid Khan - I haven't worked with him myself but he seems ok.  You can google him.

I am following Atty. Khalid Khan on my fb account. I actually have him in mind but I remember on his fb page he wrote something that he cannot appear on court in Bahrain as he is not a Bahraini.

Wonder if he can file police report and complaint to MOL on my behalf though (representation). I have contacted him once via PM on fb messenger regarding human rights (expats) in Bahrain.

Just an update.

My boss has replied. He said to accept the termination with my May Month salary plus 3 more months. However will keep my visa valid. Told me to advise him when I am ready to get back to Bahrain after my maternity and he will see what can be done and will do something.

I have asked him why the sudden decision when it was not what we have discussed and agreed when he asked me to leave Bahrain. He answered, they needed someone to handle HR & ISO urgently and so his daughter already hired someone to replace me.

I have asked if I am being terminated due to the ground of being pregnant outside wedlock, does that makes my Ex BF innocent and did not violate the Law of Bahrain??? He did not answer that question. So I proceeded on informing him about Bahrain Labour Law regarding article 33: an employer cannot terminate a female employee due to pregnancy. He has read the message but still no reply. I am not aure if he or his daughter is aware of the Bahrain Labour Law woth regards to that.

I again would like to ask for advise on how to proceed on this matter because I am no longer sure if I can still trust my boss words.

What are my options? I just feel wronged and hurt. I am being terminated while my Ex BF conveniently sits in the office and acts like a boss. If I am guilty with that ground for getting pregnant outside wedlock, then how about my Ex Bf?

I really need some insights and expert advise on how to handle and proceed with this matter. Would also like to ask for legal advise on what grounds I can file against my Ex BF for all the threats and what they did to me on how they manipulate CID case.

Thank you.

Look, the thing is, the package they are offering is around the same that you would get under labor law for "termination without cause".  So there is nothing the court can do for you to get more money or to reinstate you.

The argument that you are making is that the employer cannot terminate you when you are pregnant.   This is covered under article 33 which states:  "The employer shall not dismiss or terminate the labour contract of the female worker as a result of her marriage or during her maternity leave".

So first, you have to prove that you were on maternity leave.  From a labor law standpoint, pregnancy out of wedlock doesn't matter.  However, once you declare the pregnancy and make it official, you leave yourself (and your ex-boyfriend) open for other legal actions for having sex and children out of wedlock.

I am not sure what is that you are hoping to achieve?   I understand you feel hurt but in this situation, fighting back is not going to vindicate you or put your boyfriend in jail (without taking you there with him which I am sure you would not want).   

As a neutral party, I can see the logic of the employer - I don't agree with it from a humanity standpoint but it is logical.  That is, they have an employee who is potentially in trouble with the law and is in conflict with another employee plus is not physically present for a while and hence not adding value to the company.  So they are deciding to cut their losses from a strictly business standpoint.

My personal view would be to take the package, come back, get another job and transfer the visa.  The alternate would be to get a lawyer and see where that leads you.