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الدكتور عبدالقادر الطهراوي

الدكتور عبدالقادر الطهراوي

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الأسئلة المجابة 47880 | نسبة الرضا 97.6%

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Dear Sir I want to terminate my agreement during...

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Dear Sir I want to terminate my agreement during probationery period kindly explain me a procedure

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الرد من العميل

kindly reply me in English language please

إجابة الخبير: المحامية دعاء عبدالجواد

المحامية دعاء عبدالجواد

المحامية دعاء عبدالجواد

محامي

الأسئلة المجابة 79509 | نسبة الرضا 98.7%

Welcome, Thank you for joining us,
with all respect and appreciation to you,
According to the mentioned facts, I would like to clarify to you that
I think you are talking about the unfixed term contract. if the contract is unfixed term, then the termination period is determined according to the labor law which states the following:
If your contract is fixed term, you cannot change the employer or transfer to another employer unless after the expiration of the contract, or unless there is a probation period then, you can continue working. If the contract is unfixed term, you cannot change the employer or transfer to another one, and you will be banned to enter Bahrain.
The next article of the Bahraini labor law states the following:
Article 21
-Either party may terminate the employment contract within the probation period, if the either parties decide that it is inconvenient co continue the contract provided that either party shall notify the other one day prior to the termination
-the worker who is under probation period cannot be assigned more than once to work with the same employer
You have to file a complaint at the Bahraini Ministry of labor for what your employer has committed of violation against the law. Attach all documents which prove your employer's unfair treatment to you and wait what is decided upon your complaint
The Bahraini labor law in its articles stipulate on:
Article 99
· Either party to the contract may terminate this contract following the notification of the other party at least thirty days before the date of the termination. The labour contract remains in force during the notice period and its parties shall execute all of the obligations arising from it.
· If the labour contract is terminated by the employer, an agreement may be made for increasing the notice period to more than thirty days.
· If the labour contract is terminated without abiding by the notice period, the party terminating the contract shall give the other party compensation for this period equivalent to the worker’s wage corresponding to all or part of said period as the case may be.
· If the labour contract is terminated by the employer, the notice period or the remaining part thereof shall be calculated as part of the worker’s service period. If the labour contract is terminated by the worker the contract shall be deemed terminated as of the date of abandonment of the work by the worker.
· If the employer sends the notice of termination of the contract, the worker may be absent from work for a whole working day or for eight working hours per week to search for another job, provided the absence is suitable with the work circumstances. The worker shall receive his wage for the working days or hours of absence.
· The provisions of this article shall not prejudice the right of any of the contracting parties to claim compensation for the termination of the contract if said compensation is due
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 (105)
The worker may terminate the contract in the following cases:
-the assault of the employer or his representative to the worker during the work or because of it by an action or words against the law
-the employer or his representative may commit an ethic offence against the worker or his family
The termination of the contact in these cases shall be considered as arbitrary termination
Article 106
The worker may terminate \ the contract after notifying the employer in the following cases:
-if the employer breaches the obligations stated in the contract or the labor law or the company
-if the employer or his representative commit the fraud regarding the conditions or circumstances of the work , a very dangerous fraud which affects the contract proceedings
Before the notification, the worker should request a letter or book from the employer to remove the assault or the fraud within a period not exceeding 30 days from the application, if

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الدكتور عبدالقادر الطهراوي

الدكتور عبدالقادر الطهراوي

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الأسئلة المجابة 47880 | نسبة الرضا 97.6%

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