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Resignation in Probation

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Bikesh.Basnet

Hi, my name is Bikesh and currently working in Bahrain for last 18 months. I have read multiple post and threads regarding the above mentioned topic but still wanted a clarification. My wife joined a local F&B company on 26th sept 2019 and was devastated to learn about the working environment. The company is not systematic at all in minor things and very unstable which has been sad for me and my wife. Long story short she applied for a job in a new company, accepted and offer was given. The company was provided a verbal notice about her resigning but the day when she had conversation the manager and owner threatened her that transfer is impossible and they will directly take her to the airport and send back home. They have been holding her passport which has been the main issue. As per my internet knowledge, LMRA guidelines and information from local Bahrainis, both the company and employee has the right to terminate the contract during probation with 1 day notice and its illegal to hold the employees passport without their consent and without the receipt of acknowledgement. My confusion is shall i go to LMRA or the labour ministry to understand the procedure? And can they send her directly back to Nepal as even if the visa cancelled and contract terminated, there is 1 month grace period? I'm aware of the resignation notice needs to be sent through post office if they don't accept it. What is the correct course of action to resolve this issue? Your advice will be highly appreciated.

See also

Getting married in BahrainWhat to do before filing a Labor Case?Seeking Advice and Guidance: A Difficult Situation in BahrainGood conduct certificateExit for new born baby info needed.
XTang

1) Resignation through post office and retain pink slip
2) Go to police station and complain about passport being retained
3) Go to MOL and file a case.  Retain all paper work
4) Go to LMRA and inform them about the first 3 points

Once visa is cancelled, she can stay here 30 days.  During that time, the new company can apply for a visa for her.  She cannot get transfer/mobility without current employer approval as she has worked with them for less than one year.

If it seems confusing, get a lawyer and have him do that for you.  Be aware that it will cost money.  I recommend Khalid Khan - you can tell him that I referred you through expat.com.

Bikesh.Basnet

Thanks for your expert suggestion. One more question though, Does the resignation requires 1 day or 30 day notice?

XTang

1 day in probation, 30 days otherwise.

MOHAMED2903

@XTang

Dear XTang

What happens if the company fires an employee during the probation period and cancels the visa? Can the employee change work visa to another employer without the consent of the old employer or do they still have the right to reject mobility?

logicalindian

Once the visa is cancelled you have 30days to exit the country or find a new employer.

MOHAMED2903

@logicalindianIs it possible to extend the grace period beyond one month by paying a fee?

XTang

Yes 30 days at a time, up to maximum of 90 days.

MOHAMED2903

Thanks Xtang, Wish I could buy you coffee for all this help!

nadeemmuhanta

@MOHAMED2903

XTang is very Kind person, he helps alot everyone

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