Legal Voice

If I have an employment contract for a certain period of time and I resign before my contract expires, can my employer charge me for the work visa and government related fees? No, the employer is not allowed to charge you for work permit/visa fees , but they have the right to sue for damages ( As a result of the breach – or premature cancellation of a time-specified contract ).

  • Employees should report the legal violations (with supporting documents as evidence) to LMRA as well as lodge a formal complaint at the Ministry of Labour, if employers are forcing them to pay for their work permit/Work Visa and related expenses, then inform LMRA of the MOL’s case number.
  • Although the employer is fully responsible for the visa and travel expenses, this does not mean that the employer cannot claim other damages against the employee at the Ministry of Labour, or at the court of law in case the employee did not fulfill his contract terms, resulting in financial losses to the employer. Employers can also claim other incurred expenses (not including LMRA fees, ticket or other government expenses), but those expenses or losses must be proven by documents. Both the employer and the employee can reach an amicable agreement on that, otherwise this should be submitted as a complaint case at the Ministry of Labour or at the court of law only they can decide who is supposed to pay who, and how much is that payment going to be (Without a court resolution or a mutual agreement, this should not be automatically or arbitrarily deducted from the employee’s dues, as the employer may wish to do so!)

I am working in a job role different from what’s on my CPR or my work permit/work
visa, I want to update my occupation on LMRA’s system. How do I go about it?
The decisive element in this case, is the work permit. Both employer & employee should not violate the conditions of the work permit (in accordance with article 23 of Act No. 19 for 2006). Both employer and the employee are restricted and fully prohibited from violating the conditions of the work permit , employers should not assign work or allow the employee to work in any other different job apart from the one mentioned in the valid work permit. If they do that they will be subject to the penalties specified in Article (36) of the same Act. Also note that the CPR card
is not a work permit. The employer can simply apply for a change or update of the profession/occupation in the work permit/ work visa through LMRA’s EMS system.
Generally speaking, having a different job title from the actual job role in the CPR was quite common for similar jobs in the past example: “Accountant” and “Tax Accountant” or “General Accountant”.

Please note that there are heavy penalties on both the employer and the employee in case of work permit violations, the responsibility is shared between them and they will both be considered as violators of the law. If employees see that their actual job role is different from what is on their work permit, they should ask their employer to correct this situation by applying for occupation change with LMRA, if the employer refuses to do so; employees should report the case to LMRA in order to clear their part.

12 thoughts on “Legal Voice

  1. I would like to ask, my contract ends last September 2014, after my contract my employer doesn’t give me an another agreement or contract for signing although my working visa is already renewed…what if I decided to resign with this firm is there any charges amount for me to pay for not completing my 2 year working permit/visa? If there is any charges can you give us the possible amount for us to prepare…. thanks and best regards…

    • Dear client

      Expat needs to pay no amount to any employer if he does not complete the contract . Expat is eligible to transfer to any other employer after 1 year of service without the need to pay the old or new sponsor any fees.
      In addition to the point – can you give us the possible amount to prepare, LMRA doesn’t pay any amount to settle expatriate grievances and it is against the law for any employer to take any amount from the expatriate.

      For any further inquiries Please contact our LMRA call center on +973 17506055.

      Regards

  2. I just want to ask, i was hired as a receptionist in kids club, and my company wanted me to paint the wall of kids club and wanted me to sell cotton candy. Is this against my right? Can i refused from doing these work? Can i make a complain regarding this?

    • Dear Client,

      Thank you for contacting LMRA.
      Issues, problems or disputes that arise between the employee and the employer such as non-payment of salaries, leave entitlements, health and safety issues etc… are out of LMRA’s jurisdiction, these issues need to be reported at the Ministry of Labour’s Complaints Department in Isa Town.
      Regards,

      • I am working on a shop from last 3 years..my frst employer is died and now his son is transfr cr on his name..but the cr and name is same..whatt its means I am doing with the same owner or my employer is changed..because I want to transfer and he can not give me release letter…he renew my work visa ..can you adding last 2 years I work with him or you adding just renew visa date because transfer is only done when I spend 1 year same employer…thnxx

  3. i want to transfer for a new company since i am not happy with my current job due to some reasons which i believe,its my employers fault. but my contract will end just this coming december 2015.i have been ask my employer to release me even it means i have to pay for not finishing my contract for only 1 month.but he deny my request and insist e to accomplished my contract. do i have the right to resign before my contract ends?and do my employer has the right to hold me from resigning to his company?

    • Dear Client,

      As per LMRA laws you can apply for transfer application if current employer does not approve only when you complete ONE year from resident permit.

      Best regards,

  4. Salaam Sir/Madam,
    I wanted to ask: if an employee finishes one year though her/his contract is set for two or three years, and asks for permission from his/her employer to travel back home for marriage purposes then come back. Should the employer grant him/her permission to do so and how much should be paid for compensation? And is there a three ears contract in bahrain? Please reply
    Thank you.

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