Resignation from current company

Hi, i am working in a company from last December 2018.While the time of joining they told me that they are leading in the market and I'll be working with their other branch,but after couple of weeks they shifted me to other branch as they told but in this branch there is lot of financial crisis and salary is pending for last three Months, As i am new in Bahrain i didn't know much about this place and to inquire about company,while i am now under probation period can I resign and my passport is with them so can i get it back and will i be able to resign.

Can i resign if I get new job while serving under probation period.In such case will i have to pay them any compensation.

You are asking the same questions that I have answered many times in these forums.  Try to use the search button.

You can resign during probation period.   You don't have to pay them any compensation but if they demand, you need to file case with Ministry of Labor.  It is illegal for them to hold passport and you have to go to the police to get it back.   You cannot transfer to another employer as you have been with them less than one year - they need to cancel your visa and then new employer can apply for a visa for you.

Hi. I’m working in the Bahrain 8 months now, And I want to file resignation but the owner refused it. Because the environment is not good, the co-workers also. And Overload of my duties. I have no signed contract, There’s no problem if I send my resignation thru post office and give them 1 month notice. Even they dont have any replacement for my position?
Thank you

You can resign. No one can stop you from doing that. Notice period is as per your contract. There is always a contract even if you don't have it. Its uploaded in lmra system for visa purposes.

Thank you for you answer, but the contract submitted to the LMRA for visa purpose is there is no notice period mentioned. I just want to go after 1 month no matter what. But I need to pay compensation or not and it is not mentioned also to my contract submitted to LMRA. Thank you

No need to pay compensation as per labor law.

They accept my resignation letter but on my letter it stated that 1 month only. They refused give 1 month but I need to go after 1 month to accept offer from other. What can I do? Thank you

When are they ok to release you?

Go to Ministry of Labour and file a case that employer is not releasing you.  Then go to LMRA and register the complaint so they don't file you as runaway.   Then go to the employer and show them that you have filed the case and to release you / cancel your visa.

They said 2-3 months or until my replacement came. But I can’t wait until that period. They said also it is not possible in month. But I need to. In labour law, 1 month notice is enough right? Please advise me for further actions. Thank you very much

As I said before, notice is as per contract. Thirty days is fine but it also depends if the contract is for a definite period or indefinite.  I would suggest to take your documents and consult a lawyer. Try citizens advice. They advertise on Facebook.

10 days more before my 1 month notice ends but until now they didn’t make any actions. They said wait for my replacement then I will go but they can’t give any exact date. Please advise. Thnk you

I have already given you answers - all options i.e. lawyers or file a complaint yourself with MOL/LMRA.  Read what I wrote above and don't ask the same question again and again.

Hi Sir, sorry to ask samething.. i just want to clarify since theyre blackmailing me.. i have thr same issue but im not under their visa. Do i need to follow the 30 days notice period? Or i can just leave less than that.

You are not listening.   If you read the thread I pasted, it is clear that you don't have to pay anything.

And secondly, if you are not under their visa then you are NOT employed by them and if you are working for them, then it is illegal.   You don't have to give any notice in that case.

If you want answers, you have to give full details i.e. who is your visa on, how are you working for your current employer without visa, did you sign a contract with them etc?

Thank you for your reply Sir.

It goes like this.. so the visa iam under with i ask them to please give me some time to find a job before we cancel. So they agreed thats totally fine. My new employer is a school. So im working as asst teacher. So in that case they dont give visa for that. So while looking for job who can provide me visa i work there as asst teacher for 5 months now. So now sir i got a proper offer from other school that they will provide me a visa which is im very thankful of. I do signed a contract with this school im working now. But since they wont provide me a visa i want to transfer to new company who will. But they told me that they wont accept my resignation and will ask me to pay the remaining contract if i leave. So now i wanted to ask sir.. i wont get any problem if i leave before 30 days period? Which is in my contract. Altho ive sent registered mail yesterday. And written on 19 Jan. P

This is why I pasted the other thread.  You should have gotten a lawyer.

Now you sent your resignation via letter for a job that you are not LEGALLY employed on.  This is creating an unnecessary paper trail.   

As far as the visa is concerned, the transfer will be from your previous sponsor to your new job.  Your current employer is NOT involved at all.   Therefore, the notice period is not applicable as you are not working legally for your current employer at all.   Also contract terms do not apply even if you signed a contract as you need to be on their visa for the terms to apply.   So they can't really recover any money from you.   Worst case, your employer might show your contract and resignation letter (sending it was a stupid move - sorry but I am being honest) to prove that you were working illegally for them.  This leads to deportation.   But they will get penalized as well so it really depends on how much they hate you :).

My suggestion is to get a lawyer and show him all the documentation.  Don't just rely on advice on the forum when you have done something illegal like working for someone without a visa.   Contact Khalid Khan and give him my reference.

Thank you for your reply Sir.
But eventually i really dont have funds to call or ask advise from a Laywer right now.

Is there any other way i can resolve this sir? I really wanted to leave so i can transfer my visa. But i really dont know what to do since they’re threatening me. I sent the mail since i thought it’s right thing to do because they dont want to let me go. Now i really wanted to just to leave.. if my new employer transfer my visa asap will i have a problem after? Like once i go transfer to a new company and they fix my visa. Please help sir :(

Then i can start working there. So atleast my visa will be on a company im going to work with...

Once you go to a new company on their visa, you will be fine in that job.  However, if your previous employers want to cause problems re: the whole illegal thing, you won't be safe from that.  There is no other way to resolve it without engaging a lawyer as basically what you did was illegal.

Okay sir. One thing as well Sir.. everyone isnt under the school visa yet. Because they dont have the CR yet. So basically its operating without a CR.

Well then they are doing a highly illegal practice I guess.  So maybe they won't bother you if you just leave as their own house isn't in order.

Okay Sir. Thanks for your big help!

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