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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.6%

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If u signed a contract of two years then u get ...

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If u signed a contract of two years then u get another job ..are u allowed to go
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Am working as a house keeping but I got another job ..can I go
Lawyer's Assistant: Has anything been filed or reported?
Filed as in how
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إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.8%

We would like to inform that Reference to the Bahraini Labor Law and to the residency law for expatriates can't transfer the sponsorship and change the employer as long as you did not get a non-objection in addition to canceling the previous visa, but the expatriate can change the employer without the need for no objection if the violation proved by the employer on termination of work without a presence and the non-payment of the salary for the period mentioned in the inquiry is considered a legal violation of the labor law and the signed employment contract. Therefore, you can file a complaint with the Labor Office and explain the matter in detail with the claim of all rights. If a violation of the law is found by the employer, the permission of the Labor Office may be obtained for the purpose of transferring and changing the employer without the requirement of obtaining no objection. The Bahraini Labor Law stipulates in Article 106 that:
Article (106):
A worker may terminate the contract of employment upon giving notice to the employer in any of the following events:
1. Employer’s breach of any material obligation provided for by the law, contract of employment or regulations of work in the establishment.
2. Fraud by the employer or his representative towards the worker with respect to the employment terms and conditions where fraud is of such magnitude without which the contract would not have been concluded.
The worker shall, before giving notice for termination of the contract of employment, request the employer in writing to remove the aforesaid breach or fraud during a period not exceeding 30 days from the date of submitting the request. If such period expires without meeting the worker’s request, he shall be entitled upon giving the aforesaid notice to terminate the contract of employment. Such termination shall be deemed as a termination of the contract without a lawful excuse by the employer if the worker’s claim is proven.
Article (101)
The worker shall have the right to compensation for the termination of the employment contract by the employer, unless the termination of the contract is due to a project.
The burden of establishing the legality of termination of the contract shall be borne by the employer.

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.7%

We would like to inform you that according to the Qatari Labor Law if the limited contract is finished then below article states:
Article 21
The employer, the Competent Authorities, and the Ministry of Labor and Social Affairs may agree to transfer the Foreign National laborer to another employer before the time limit in the contract has been reached or after five years of working for the employer if the contract did not specify a time period.
The Foreign National laborer may, with authorization from the Competent Authorities and the Ministry of Labor and Social Affairs, transfer to another employer in the event of the Recruiter’s death or dissolution of the body corporate for any reason.
In all cases, the employer serving as the Recruiter shall not have his legal rights, or the contract between him and Foreign National, violated, in accordance with the referenced Labor Law.
The aforementioned article organized the cases of which the employee can transfer to another company as follow:
• With an approval from the employer (Whatever the contract type is)
• After completing five years on unfixed term contract
• The end of the fixed term contract
• The death of the employer
Therefore, if the sponsor asked for money to transfer the sponsorship then that is legal violation and you can file a complaint in the Ministry of Labor and explain the details to cancel the visa to be able to change the work.
For the end of services the below article states:
Article (15):
The employer shall, in addition to any amounts due to the user at the end of his service, provide a termination indemnity benefit to the employee who has spent more than one year or more from the date of this law. For each year of service, and the user is entitled to the bonus for fractions of the year by the amount of time spent in service.
The employer shall be entitled to deduct from the remuneration the amounts to which the user is liable

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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.6%

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