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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hi just wanna ask how I should apply an mobility...
Hi just wanna ask how I should apply an mobility in LMRA,
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I was located in Adliya
Lawyer's Assistant: Has anything been filed or reported?
No nothing
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Yes, I am. 10 years at my work I resigned at my work last May 3 I give a resignation letter by hand to him, but my spsnsor didn't talk to me, and after 1 week I send again an email to him, he reply through email also he said he by law in Bahrain must I send the resignation through post office, then I do that as well last 23 of May I send thru post office. He received may 26, and I ask him an NOC (NO Objection certificate. He don't to give me,
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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.
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.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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