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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hi ! I have been working in a restaurant in the...
Hi ! I have been working in a restaurant in the Palm for 1 year and half , I have gave my notice due to an emergency family . I gave 30 days notice even if I have to leave as soon as possible . Now they said , I have broken my 2 years contract and they do not want to pay my holidays and the Liu days . Where can I go to get help?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
The Palm in Dubai
Lawyer's Assistant: Has anything been filed or reported?
I just gave my notice letter as I have to leave as soon as posible , I am working my 30 days notice , but now they say I have broken my 2 years contract and they will punish me with the payment
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Well , to resume , I have been working in a restaurant in the Palm for 1 year and a half ; I had a contract for 2 years .Now, when I resigned due to family urgency , they said I have broken the law and they have not obligation with me , they do not wan to pay because according to then I have broken the contract
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that referring to the Bahraini Labor Law, you may submit a complaint to the Labor Office and explain the matter in detail. Therefore, if you are subject to termination of work by the employer, this is considered a legal violation from the employer.
Article (99):
(a) Either party to a contract of employment may terminate it upon giving the other party thirty days’ prior notice and such contract shall remain effective during the notice period and the parties thereto shall be bound by all the obligations arising therefrom. If the contract is terminated by the employer, agreement may be reached that the notice period shall be more than 30 days.
(b) If a contract of employment is terminated without complying with the notice period, the party that terminates the contract shall pay to the other party compensation for such notice period equivalent to the worker’s wage for the entire notice period or the remainder thereof, as the case may be. If the termination takes place by the employer, the notice period or the remainder thereof shall be reckoned as part of the worker’s service period. If termination takes place by the worker, the contract shall be terminated as from the date of leaving his job duties.
(c) If notice of termination of the contract is given by the employer, a worker shall be entitled to absent himself from work for a whole day in every week or for 8 hours during the week to look for another job, provided that absence shall take place at an appropriate time for the conditions of business and the worker shall be entitled to receive his wage for the days or hours of absence.
(d) The provisions of this article shall not prejudice the right of either party of the contract to claim compensation for termination of the contract, if such claim is justified.
Article 100 :
The notice specified in Article 99 of this Law shall be sent in writing and the party wishing to terminate the labour contract shall send the notice to the other party or his representative and obtain his signature as an acknowledgment of receipt or send this notice by virtue of registered letter with acknowledgment of receipt to the last address provided by the other party.
In cased the party to whom the notice is sent refuses to receive said notice, the other party may prove this through all means of proof.
The notice period starts as of the date of receipt or refusal of receipt of the notice as the case of may be.
The notice of termination of the contract may not be subject to a suspensive or dissolving condition.
Article 101 :
The worker shall be entitled to compensation for termination by the employer unless the termination of the contract is for a legitimate reason.
The burden of proof of the legitimacy of termination of the contract shall be borne by the employer.
Article 104:
a- The termination by the employer of the labour contract shall be deemed and arbitrary dismissal if the termination is due to any of the following causes:
1- The worker’s sex, color, religion, ideology, marital status, family responsibilities,or the female worker’s pregnancy, delivery of a child, or breastfeeding;
2- If the worker is affiliated to any workers trade union or participates legitimately in any of its activities in accordance with the laws and by-laws;
3- If the worker represents workers in a trade union association, has already enjoyed said capacity or seeks to do so;
4- If the worker submits a complaint or formal notice or instigates an action against the employer, unless the complaint,formal notice or action are ofa vexatious nature;
5- If the worker exercises his right to take a leave in accordance with the provisions of this Law;
6- The garnishment of the worker’s entitlements with the employer.
b- The Court, based on the dismissed worker’s request, shall order that the latter be brought back to work when it is evidenced to it that his dismissal was due to one of the causes specified in item 2 and 3 of the previous paragraph.
** In case of filing a complaint it will be investigated by the Labor Office to find out the facts of the matter and then you will get the possibility of leaving work and cancel the visa by virtue of this authority, and the possibility of changing the work without the need of non objection.
Thank you.
If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that referring to the Bahraini Labor Law, you may submit a complaint to the Labor Office and explain the matter in detail. Therefore, if you are subject to termination of work by the employer, this is considered a legal violation from the employer.
Article (99):
(a) Either party to a contract of employment may terminate it upon giving the other party thirty days’ prior notice and such contract shall remain effective during the notice period and the parties thereto shall be bound by all the obligations arising therefrom. If the contract is terminated by the employer, agreement may be reached that the notice period shall be more than 30 days.
(b) If a contract of employment is terminated without complying with the notice period, the party that terminates the contract shall pay to the other party compensation for such notice period equivalent to the worker’s wage for the entire notice period or the remainder thereof, as the case may be. If the termination takes place by the employer, the notice period or the remainder thereof shall be reckoned as part of the worker’s service period. If termination takes place by the worker, the contract shall be terminated as from the date of leaving his job duties.
(c) If notice of termination of the contract is given by the employer, a worker shall be entitled to absent himself from work for a whole day in every week or for 8 hours during the week to look for another job, provided that absence shall take place at an appropriate time for the conditions of business and the worker shall be entitled to receive his wage for the days or hours of absence.
(d) The provisions of this article shall not prejudice the right of either party of the contract to claim compensation for termination of the contract, if such claim is justified.
Article 100 :
The notice specified in Article 99 of this Law shall be sent in writing and the party wishing to terminate the labour contract shall send the notice to the other party or his representative and obtain his signature as an acknowledgment of receipt or send this notice by virtue of registered letter with acknowledgment of receipt to the last address provided by the other party.
In cased the party to whom the notice is sent refuses to receive said notice, the other party may prove this through all means of proof.
The notice period starts as of the date of receipt or refusal of receipt of the notice as the case of may be.
The notice of termination of the contract may not be subject to a suspensive or dissolving condition.
Article 101 :
The worker shall be entitled to compensation for termination by the employer unless the termination of the contract is for a legitimate reason.
The burden of proof of the legitimacy of termination of the contract shall be borne by the employer.
Article 104:
a- The termination by the employer of the labour contract shall be deemed and arbitrary dismissal if the termination is due to any of the following causes:
1- The worker’s sex, color, religion, ideology, marital status, family responsibilities,or the female worker’s pregnancy, delivery of a child, or breastfeeding;
2- If the worker is affiliated to any workers trade union or participates legitimately in any of its activities in accordance with the laws and by-laws;
3- If the worker represents workers in a trade union association, has already enjoyed said capacity or seeks to do so;
4- If the worker submits a complaint or formal notice or instigates an action against the employer, unless the complaint,formal notice or action are ofa vexatious nature;
5- If the worker exercises his right to take a leave in accordance with the provisions of this Law;
6- The garnishment of the worker’s entitlements with the employer.
b- The Court, based on the dismissed worker’s request, shall order that the latter be brought back to work when it is evidenced to it that his dismissal was due to one of the causes specified in item 2 and 3 of the previous paragraph.
** In case of filing a complaint it will be investigated by the Labor Office to find out the facts of the matter and then you will get the possibility of leaving work and cancel the visa by virtue of this authority, and the possibility of changing the work without the need of non objection.
Thank you.
If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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