EMSI WLL Bahrain

How to remove travel ban?

This is one of the most important issue faced by a lot of people thanks to some companies famous for putting travel bans even for meagre amount of money.

Travel ban is imposed by the courts in Bahrain in case it could be proved to the court that irreparable loss will be cause to the plaintiff if such an order is not issued. Court has to be satisfied that emergency situation requires the need of travel ban or the plaintiff will be at great loss.

What could be a great loss? Lets see this example. A took a loan of 5000 BD from B in the year 2016 and even now he has not paid the full amount. Today B came to know that A has sold out all his assets in Bahrain and moving to another country on 4th of July. If A moves B will lose his chance to recover any sum of amount from A. Under these circumstances B could file a civil case and also request that a travel ban is urgently imposed on A and court might agree to impose this ban if B provides sufficient evidence to the court.

Above is an example and reason for putting the travel ban and now the main thing is how to remove it. As we have imposed travel ban on some of the opponents in past we have noticed that in most cases the ban was removed when; the defendant proved to the court that the grounds are not genuine, or allegation is fake and in some cases they deposited the claim amount in the court to remove the ban while the case continued in the court and the money remained deposited there.

The most important thing for removing the travel ban is knowing the reason of travel ban. If you dont know the reason then how can you remove it? Also, it is pertinent to mention that travel ban can be removed if the defendant is not notified regarding the ban within 8 days.

You can remove the travel ban by yourself or through your lawyer. That is your decision but I personally would let my partner handle my case if someone will put such ban on me because I dont want to do some mistake which can create more trouble for me.

Are housemaids eligible for indemnity? (Please share with your friends)

There is a great controversy over this question and recently someone wrote a comment that someone from their embassy told them that since she is a housemaid she is not entitled to claim indemnity.

I have always stated that if you are governed by the labor law of the private sector then you are entitled to the indemnity and this I had reiterated twice this week in my responses as well but still to clear the air over this issue i decided to spoke to two people one who is my mentor and the second is labor ministry of the Kingdom of Bahrain.

I got the same answer from both of them that yes they are entitled. Moments back we got a call from the labor ministry as well that you have asked this question and the answer is yes they are entitled to indemnity.

It is really sad that some people dont even care to look into the details and straight tell their own country people that you are not entitled to this thing or that thing. This could be because they are lazy and looking into something will need some efforts which they dont want to make.

Therefore, its your duty to claim from your employer/sponsor your service indemnity when your services with the sponsor gets over. If not then take action and if you cannot take action then don't complain.

Importance of Terminating an Employment Contract with Notice

It is a very common question and problem faced by the employees that even though they don't want to work the employer has renewed their visa.

Also, a lot of people are of the opinion that if a fixed duration contract is completed and a new contract was not signed then they are not bound by the terms and conditions of the employment contract signed initially.

It is very important to terminate the contract in case you are not willing to continue it any further because once you have continued to work beyond its expiry it will be considered an implied consent on the part of the parties to the contract to continue the employment relationship on the existing terms and conditions, unless a new employment contract was signed.

Article 99(a) of the Labor Law of Bahrain says "either party to the contract may terminate this contract following the notification to other party at least thirty days before the date of the termination. The labor contract remains in force during the notice period and its parties all of the obligations arising from it. If the labor contract is terminated by the employer, an agreement may be made for increasing the notice period to more than thirty days.”

Article 100 says “The notice specified in Article 99 of this Law shall be sent in writing and the party wishing to terminate the labor contract shall send the notice to the other party 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 case 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 maybe. The notice of termination of the contract may not be subject to a suspensive or dissolving condition.”

Reading the above two Articles it is clear that:
A notice is to be served for termination;
A proof of termination must be kept.

It is very important to remember that if the parties to the fixed duration contract continue the relationship beyond the expiry of its term then contract might be considered a contract for an indefinite duration.

So the notice should be served since its stipulated by the law and by serving notice you can end the employment relationship.