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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Hi good afternoon madam. My name is amarjit Kumar....

تم تقييم هذه الإجابة:
Hi good afternoon madam. My name is amarjit Kumar. I m working a company in as a driver here 6 months finish so company owner forced me do the labour work and driver work. I m tell company owner I m do not labour work my position is as a driver so only I do the driver job.he tell me u give resign so what to do .and he not give my salary before 2 months

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الرد من العميل

Plz help me

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,
Article (20):
A contract of employment shall contain the material details of the parties to the contract especially the following particulars: 1. Employer’s name, the address of the business premises and commercial registration number. 2. Worker’s name, date of birth, qualifications, position or occupation, residential address, nationality and personal particulars of identification. 3. The nature, type of employment and term of the contract if it is for a definite term. 4. The wage agreed upon, method and time of payment, and all the cash and in kind benefits agreed upon. 5. Other particulars to be determined by a resolution of the Minister.
Also, the law prevents to make the worker do jobs other than stated in the contract, so you can go to the labor office and file a complaint then leave the work as aworker may terminate the contract of employment without notice in any of the following events:
1. Assault by the employer or his representative against the worker, during or because of the work, by words or deeds that are punishable by law.
2. An act committed by the employer or his representative that is considered as immoral against the worker or a member of his family. Termination of the contract in either of the above two events shall be deemed as unfair dismissal 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.
****As for wages, it is also possible to file a complaint with him. The law provides legal protection for wages, Article (40)
a) The wages and other amounts due to the worker shall be paid in the Bahraini currency, and it may be agreed upon that they shall be paid in a legally circulated foreign currency.
b) The wages shall be paid on one of the working days and at its place, taking into account the following:
The wages of the workers appointed with a monthly wage shall be paid at least once a month.
If the wage is in production and the work requires a period of more than two weeks, the worker shall receive every week a payment on account in proportion to the work he has accomplished, and the rest of the wage shall be paid to him during the week following the delivery of what he was assigned to accomplish.
Workers' wages, other than what was mentioned in the previous two clauses, shall be paid at most once a week, unless otherwise agreed upon.
If the work relationship ends, the worker shall be paid his wages and all amounts due to him immediately, unless the worker has left the work on his own, in which case the employer must pay the worker’s wages and all his entitlements within a period not exceeding seven days from the date of leaving work.
c) Subject to the provision of the preceding paragraph, if the employer is late in disbursing the worker’s wages for the date of their payment, he must compensate the worker by 6% annually of the wage whose payment was delayed for a period of six months or less from the date of entitlement to the wage, and this percentage shall be increased by 1% for each A month's delay after that, and not to exceed 12% annually of this wage.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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