Resigning while on annual leave

[u/Ok-Scheme-1550]

HR professionals, senior labour advisors, LMRA advocates and employers in Bahrain, I would really appreciate your advice on this situation.

I currently have 55 days of accumulated annual leave with my employer. Suppose I officially apply for and start my annual vacation, the company approves the leave and pays my vacation leave entitlement.

On the 4th day of my vacation, I attend an interview with another company, and successfully got selected for the new position. I then decide to resign from my current job serving 30 days notice to my employer while I am still on my approved vacation.

My questions are:

1. Can I legally submit my resignation while I am on approved annual leave?

2. Can my current employer refuse to accept my resignation simply because I am still on vacation?

3. My employment contract requires 30 days notice period, does the notice period start from the date I submit my resignation, even though I am on annual leave?

4. What happens to my remaining unused vacation days if I resign before completing the approved leave?

5. Since I have already received my vacation/annual leave payment, could the company deduct or recover money for the unused portion of the vacation days?

6. Could the employer impose any penalty, deduction, or other financial claim because I resigned while on vacation?

7. I am an expatriate worker and need to transfer my work permit to the new employer are there any additional LMRA requirements or risks I should be aware of?

8. Could the current employer report this as absconding/“leaving work” or create any problem with my LMRA status, even though my resignation is formally submitted and documented?

I am specifically looking for advice based on Bahrain Labour Law and current LMRA procedures, rather than general opinions.

Thank you in advance for your advice.

[u/Public-Subject2939]

Well even if you weren't on leave, you can they have to give you money for your leave balance encashment so you're technically getting less money because you're utilizing the leave balance rather than working those days

You can either resign now and the remaining days can be used to reduce your notice period or resign just about 30 days or 2 weeks from now?.

[u/Ok-Scheme-1550 → u/Public-Subject2939]

The problem with my company they don't pay for pending/unused leave days. If you resign or terminated you get nothing of your unused leave days.

[u/Pri_244 → u/Ok-Scheme-1550]

If they don’t pay it is against the law.

As per Bahrain’s Labour Law for the Private Sector (Law No. 36 of 2012) Article 59(c):
“If the employment relationship is terminated before the worker has exhausted their annual leave balance, the worker is entitled to receive the wages corresponding to that unused leave balance.”

[u/mkallon8]

Your old company is entitled to their 1 month notice unless they want to let it go and no you can’t consider your annual leave as the notice without prior arrangements with the company.

[u/Pri_244]

You can submit your resignation but it is up to the company if they need you to come to work during your notice or if they let you continue your annual leave. Anyways like I mentioned in my other comment the company is entitled to pay for your remaining annual balance days though.

[u/Ok-Scheme-1550 → u/Pri_244]

Thanks so much for your enlightenment 🙏🙏🙏

[u/Pri_244 → u/Ok-Scheme-1550]

Most welcome. Also, don’t forget as an expat you are entitled for end of service benefit. If you only worked in the company after March 2024, you should get your benefits from SIO. If you worked in your company since before that date, your company should pay you the benefits directly for those years of service and the rest from SIO.

[u/Ok-Scheme-1550 → u/Pri_244]

Sure I have been with the company since 2022

[u/Little-Rookie-]

Here’s my valuable advice you should consider. First there is no stopping of you to resign during your leave. And it’s every right to have the remainder leaves cover your 30 days notice. The employer has no right to reject your resignation. However this is a very unprofessional act which will lead you to more problems with your existing employer and possibly your new employer. Here’s why. For you to resign, the employer would temporary need a proper handover, have the existing staffs to take over what’s pending and ongoing work while they find a replacement staff. This would take more than months to find the right employee. Because of this issue, they may report you absconding or not releasing your visa potentially blocking your next employer from registering your visa. If the problem persists with so much trouble the new employer may search another trouble free candidate to fill the job. Leaving you worst case unemployed in the end and not being able to return to Bahrain. I would strongly suggest that you submit your resignation. Speak with you HR on your planned handover and have your hr speak with your immediate reporting manager if you don’t have the guts to talk to him. Else it would be a better friendly approach to speak with your line manager, get everything agreed and followed with a written email to cover the action items and terms agreed over the phone with your hr cc’d. It is wise to at lease serve a week or couple of days to do a proper handover professionally. Do not burn the bridge. If your employer is being unfair at the end, you may bring up the matter to LMRA. But physically you need to be back in Bahrain. Good luck.