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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Lawyer
I am an employee of Dutch firm in Bahrain. My...
I am an employee of Dutch firm in Bahrain. My manager has laid me off and reason cited is not accurate. He discriminated against me due to my nationality and religion. Can i file a case in Netherlands
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I am in Kingdom of Bahrain.
Lawyer's Assistant: Has anything been filed or reported?
No not yet
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Its a swiss multinational firm. With office in Netherlands i am representing the company from almoat 9 years in Bahrain. My labor contract with that firm office located locally
إطرح سؤالك
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We would like to inform you that as long as the company does business in Bahrain, you can file a case against the company in Bahraini judiciary, and the case will be exempt from fees. You can also start the case in the Netherlands through the appointment of a lawyer who specializes in labor cases and deserves the legal compensation resulting from the arbitrary dismissal.
Article (104)
A) The termination by the employer of the employment contract shall be regarded as an arbitrary dismissal of the worker if the termination is due to any of the following:
(1) sex, color, religion, creed, social status or family responsibilities, pregnancy, birth or breastfeeding of a working woman;
2) The worker's affiliation to a trade union or his legitimate participation in any of its activities in accordance with the laws and regulations.
3) Representing the workers in a trade union organization or having previously exercised such status, or seeking to represent the workers.
4) to file a complaint, a communication or an action against the employer, unless the complaint, communication or suit is malicious.
5) The worker shall use the right to leave in accordance with the provisions of this law.
6) Signing of the employee's entitlements to the employer.
(B) The Court shall, at the request of the dismissed worker, return him to his work if it is established that his dismissal from work was for any of the reasons provided for in paragraphs (2) and (3) of the preceding paragraph
Article (104)
A) The termination by the employer of the employment contract shall be regarded as an arbitrary dismissal of the worker if the termination is due to any of the following:
(1) sex, color, religion, creed, social status or family responsibilities, pregnancy, birth or breastfeeding of a working woman;
2) The worker's affiliation to a trade union or his legitimate participation in any of its activities in accordance with the laws and regulations.
3) Representing the workers in a trade union organization or having previously exercised such status, or seeking to represent the workers.
4) to file a complaint, a communication or an action against the employer, unless the complaint, communication or suit is malicious.
5) The worker shall use the right to leave in accordance with the provisions of this law.
6) Signing of the employee's entitlements to the employer.
(B) The Court shall, at the request of the dismissed worker, return him to his work if it is established that his dismissal from work was for any of the reasons provided for in paragraphs (2) and (3) of the preceding paragraph
Article (111):
(a) If an employer terminates the contract of employment for indefinite duration within the first 3 months from the effective date thereof, the worker shall not be entitled to any compensation unless the termination is an unfair dismissal according to any of the provisions of Articles (104) and (105) of this Law. In this case, a worker shall be entitled to compensation equivalent to one month’s wages.
(b) If an employer terminates the contract of employment for an indefinite duration without cause or for an unlawful cause three months after the commencement of employment, he shall compensate the worker by the equivalent of two days’ wages for each month of service and at no less than one month’s wages up to a maximum of twelve months’ wages.
(c) If an employer terminates the contract of employment for a definite duration without cause or with an unlawful cause, he shall compensate the worker at the equivalent of the wages for the remaining period of the contract unless the parties mutually agree at a lesser compensation, provided that the agreed compensation shall not be less than three months’ wages or the remaining period of the contract, whichever is less.
(d) If an employer terminates the contract of employment entered into for performance of a specific work without cause, or with an unlawful cause, he shall compensate the worker by the equivalent of the wage for the remaining period required for completion of the agreed work according to the nature of such work unless the parties agree upon a lesser compensation, provided that the agreed compensation shall not be less than 3 months’ wages or the remaining period thereof required for performance of the work, whichever is less.
(e) In the cases provided for in Sub-paragraphs (a) and (b) of this Paragraph, if the contract termination is considered as unfair dismissal according to the provisions of either Articles (104) and (105) of this Law, the worker shall be entitled to an additional compensation equivalent to one half of the compensation due according to the provisions of this Article unless the contract provides for a higher compensation.
(f) For the purposes of this Article, fractions of a month shall be deemed as a complete month.
(a) If an employer terminates the contract of employment for indefinite duration within the first 3 months from the effective date thereof, the worker shall not be entitled to any compensation unless the termination is an unfair dismissal according to any of the provisions of Articles (104) and (105) of this Law. In this case, a worker shall be entitled to compensation equivalent to one month’s wages.
(b) If an employer terminates the contract of employment for an indefinite duration without cause or for an unlawful cause three months after the commencement of employment, he shall compensate the worker by the equivalent of two days’ wages for each month of service and at no less than one month’s wages up to a maximum of twelve months’ wages.
(c) If an employer terminates the contract of employment for a definite duration without cause or with an unlawful cause, he shall compensate the worker at the equivalent of the wages for the remaining period of the contract unless the parties mutually agree at a lesser compensation, provided that the agreed compensation shall not be less than three months’ wages or the remaining period of the contract, whichever is less.
(d) If an employer terminates the contract of employment entered into for performance of a specific work without cause, or with an unlawful cause, he shall compensate the worker by the equivalent of the wage for the remaining period required for completion of the agreed work according to the nature of such work unless the parties agree upon a lesser compensation, provided that the agreed compensation shall not be less than 3 months’ wages or the remaining period thereof required for performance of the work, whichever is less.
(e) In the cases provided for in Sub-paragraphs (a) and (b) of this Paragraph, if the contract termination is considered as unfair dismissal according to the provisions of either Articles (104) and (105) of this Law, the worker shall be entitled to an additional compensation equivalent to one half of the compensation due according to the provisions of this Article unless the contract provides for a higher compensation.
(f) For the purposes of this Article, fractions of a month shall be deemed as a complete month.
الرد من العميل
If i file a complaint of unfair dismissal am I allowed to leave Bahrain?
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
If you file a complaint or lawsuit, you can leave Bahrain on the condition that there is a travel ban that is restricted to you and you must come every time the judiciary or the labor office requests you to hear your statements and it is not permissible for you to be absent from the sessions that you are required to attend, as it is required that a person follow the case or complain on your behalf, preferably a lawyer who is a specialist.
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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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