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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Can I change my sponsor after working with him for...

تم تقييم هذه الإجابة:
Can I change my sponsor after working with him for 3 months 2 weeks. Because am not feeling comfortable with the job Even if he sponsor my ticket which is refundable. Can I still change him..?

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الرد من العميل

he will just send the driver yesterday to tell me that I have transfer the following day from the resident I am currently which I'm comfortable to a new resident which is not comfortable to me I parked the bike he gave me for transportation at the car parking of my residence and it was been stolen during the day and he said he will cut the cost of the bike from my salary. am not really comfortable.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to 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.
Therefore, it is linked with the contract and duration. Also, changing the employer requires to cancel the first visa and get NOC from the sponsor.
Article (82)
If, in the course of his work, the worker causes the loss or destruction of tools, machines, or products owned by the employer or in his custody, and this resulted from willful or gross negligence, he shall pay the value of what was lost or destroyed.
The employer, after conducting the investigation and notifying the worker, may start deducting the said amount from the worker’s wage, provided that the amount deducted from it for this purpose does not exceed five days’ wages per month.
The worker may appeal against the employer’s assessment before the competent court within one month from the date of his knowledge of this assessment. If the employer has not been judged for the amount he estimated or a judgment was passed for him less than it, he must return what was unlawfully deducted within seven days from the date the judgment becomes final
The employer may not recover the value of what has been lost or destroyed by deduction from the worker’s wage if this value exceeds two months’ wages.

الرد من العميل

Can my sponsor cancel my Visa and send me repatriated after working with him for 3 months 2 weeks

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%


Yes, it is possible, if the contract is during the probationary period, even if Article (21)
a) A worker may be appointed under the probationary condition if this is expressly stipulated in the work contract, provided that the probationary period does not exceed three months.
However, the probationary period in the professions to be determined by a decision of the Minister may be increased by no more than six months.
The probation condition shall not be considered unless it is expressly stipulated in the work contract.
b) Either party to the work contract may terminate the contract during the probationary period if it appears to him that it is not appropriate to continue the contract, provided that the other party is notified at least one day before the termination.
c) A worker may not be appointed under the probationary condition more than once with one employer

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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