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All experts of Expat - blog.Please guide.Indemnity & resignation issue

oberoi

Hi,

I need some guidance on the rules of the land. I have been searching different forums and the net but still confused. Please assist if you know something about the below situation.

I would be completing 1 year of service with end of this month, April 2013.

My notice period required is 2 months.

What is the eligibility clause for getting indemnity?

Can I resign before completing 1 year, lets say by 15th April, so that my last working day falls on June 15th and I am eligible for getting indemnity.

OR is it I have to complete 1 year and then resign, lets say I resign by 1st May and my last working day is 1st July, to get the indemnity.

What would be the amount of indemnity I would get in both the cases? Am I eligible for indemnity if I don't complete 1 year of service?

Please suggest and guide. For calculations and understanding take my basic salary as BD 1000.

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Also, my appointment contract says, if I don't complete the contract term and resign then I would have to reimburse the company with my recruitment expenses. What would be the recruitment expenses? How much maximum can it be? I was brought here for the interview from India and I stayed 1 day in a hotel. I believe, this cost would also be added to other expenses..I just want to know what other costs can they add??

Please advice...

Deepak..

See also

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Olivier-France

Hi Deepak and welcome to the forum,

Article 116 of the Labor law says :
"Workers who are not governed by the Social Insurance Law shall be entitled, on the termination of their contracts of employment, to a leaving indemnity equivalent to the wage of half a month for each year of service for the first three years, and the wage of one month for each year thereafter. The worker shall be entitled to a leaving indemnity for the portion of the year pro rata the period of service he has spent with the employer."

If I read the last sentence literally, I would say you are entitled to the pro rata no matter how many month you worked.
Nevertheless, most of the employers are reading it with "after your completed your first year" in mind.

At the end of the day, better wait for a full year because if you don't complete a year and they don't want to pay you the pro rata, you won't file a case against them that will cost you more than it would get and would force you to stay in Bahrain.

For the recruitment expenses, it's vague so they can put many many things in there such as :

- Recruitment agency expenses
- Travelling ticket
- Accommodation
- Visa
- etc...

Not knowing the organisation of recruitment in your company, I can't give you any numbers of course as it may vary a lot depending on what they include.

By the way, your profile say your in India... Are you in Bahrain already or planning on joining an employer to leave after one year for another ?
If so, also keep in mind that visa mobility from an employer to another isn't allowed before completing one year. Furthermore, even after that, you will need the NOC (Non opposition certificate) from your first employer to apply for mobility.

Cheers

Olivier

oberoi

Thanks Olivier..

I am in Bahrain for the last 1 year....May be I have forgot to change my profile country....

I take your advice and would resign only after April 2013...That is by 1st week of May..That way I will be legally completing one year...

Thanks for your advice...

Deepak