Bahrain Labour Law - Gulf Talent
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Bahrain Labour LawBahrain Labour LawDisclaimerThis English language text is not an official translation and is provided forinformation purposes only. It confers no rights and imposes no obligations separatefrom those conferred or imposed by the original Arabic legislation formally adoptedand published. In the event of any discrepancies between the English translation andthe Arabic original, the Arabic original shall prevail.GulfTalent cannot guarantee the accuracy and correctness of the translation and isnot responsible for any consequence resulting from the use of this English translationin place of the original Arabic text. The recipient is solely responsible for the use ofthe information contained herein.Reproduced by:GulfTalentTel: 971 4 3672084Fax: 971 4 3672782Web: www.gulftalent.com GulfTalent.com 2008. All rights reserved.
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Bahrain Labour LawBahrain Labour LawTable of ContentsThe Labour Law for the Private Sector . 2Chapter 1: Scope of Application of the Law . 3Chapter 2: Employment of Foreigners . 4Chapter 3: Employment of National Workers. 5Chapter 4: Employment of Vocationally Rehabilitated Disabled Persons . 7Chapter 5: Apprenticeships . 9Chapter 6: Vocational Training. 11Chapter 7: The Contract of Employment .12Chapter 8: Employment of Juveniles .15Chapter 9: Employment of Women .17Chapter 10: Wages . 18Chapter 11: Hours of Work and Holidays .21Chapter 12: Conditions of Work. 24Chapter 13: The Regulation of Work and Penalties . 26Chapter 14: Termination of a Contract of Employment and Leaving Indemnity . 28Chapter 15: Compensation for Employment Injuries and Occupational Disease. 33Chapter 16: Conciliation and Arbitration in Collective Labour Disputes. 36Chapter 17: Labour Organisation, Joint Committees and Councils . 39Chapter 18: Labour Inspection. 40Chapter 19: General Provisions.41Chapter 20: Penalties . 421
Bahrain Labour LawThe Labour Law for the Private Sector1976 Promulgated By Amiri Decree Law No. 23 of 1976We, Isa Bin Salman Al Khalifa, Amir of the State of Bahrain, after full considerationof the Constitution; Amiri Order No. 4 of 1975; The Bahrain Labour Ordinance, 1957and amendments thereto; Amiri Decree No. 20 of 1975 establishing the High Councilfor Vocational Training; and Having considered the submission by the Ministerresponsible for Labour and Social Affairs; and With the agreement of the Council ofMinisters; hereby assent to the enactment of the Law as prescribed hereunder and dodecree:Article 1The Bahrain Labour Ordinance enacted in 1957 and amendments thereto are herebyrepealed and replaced by the Labour Law for the Private Sector, annexed hereto, andany provision which is contrary thereto is so repealed, but with due regard to theprovisions of Article 111 of the said Labour Law for the Private Sector.Article 2Ministers, within their respective areas of jurisdiction, shall implement the provisionsof this Law which shall become effective after a period of one month from the date ofits publication in the Official Gazette.Issued at Riffa PalaceAmir of the State of Bahrain18 Jomad Thani 1396 H16 June, 1976 GIsa Bin Salman Al Khalifa2
Bahrain Labour LawChapter 1: Scope of Application of the LawArticle 1"Worker" means any person, male or female, employed for remuneration of any kindin the service of an employer and under his control or supervision."Employer" means any person or body corporate employing one or more workers forremuneration of any kind.Article 2The provisions of this Law shall not apply to the following categories:1. Appointed officials and employees of the Government and of autonomouspublic bodies who are subject to the regulations of civil or military service;2. Domestic servants and persons regarded as such;3. Persons employed in temporary and casual work which is outwith the scope ofthe employer's business and for a duration not exceeding three months;4. Marine ships' officers, engineers, seamen and other persons whoseemployment contract is subject to a special law;5. Persons employed in agricultural work other than:6. Workers employed in agricultural work which process or market theirproducts;7. Workers permanently employed in operating or repairing mechanicalequipment used in agriculture;8. Workers performing managerial or guard duties in agricultural enterprises.3
Bahrain Labour LawChapter 2: Employment of ForeignersArticle 3No employer shall employ a foreigner without a valid Work Permit issued by theMinistry of Labour and Social Affairs.Workers referred to in Article 2 paragraphs (2), (3), (4) and (5) are not exemptedfrom the provisions of this Article.Article 4A foreigner shall not be engaged in any employment without a valid Work Cardissued in accordance with the following conditions:1. that the employer has already been granted a valid Permit for suchemployment in Bahrain as required by the preceding Article;2. that the foreign worker has entered the country lawfully;3. he is in possession of a valid passport;4. he has obtained a residence permit;5. he is of good repute and behaviour;6. he is physically fit for such employment and free from infectious diseases; andsuch condition shall be regulated by an Order made by the Minister for Healthin agreement with the Minister for Labour and Social Affairs.Article 5A Work Card shall be valid for one year and may be renewable provided that itsvalidity does not exceed, in any case, the period of the residence permit of the worker.Article 6The Minister for Labour and Social Affairs may cancel a Work Card in the followingcases:1. where the bearer fails to comply with any of the conditions prescribed inArticle 4 of this Law;2. where the Minister considers that the continued employment in Bahrain ofthe bearer competes in the labour market with national workers, providedthat a Bahraini worker able and willing to perform the same work is availableand provided, also, that such cancellation shall not prejudice the entitlementof the foreign worker to leaving indemnity as provided for in Article 111 of thisLaw;3. where the bearer is unemployed for a period exceeding one month or if heundertakes employment with and employer other than that in respect ofwhom the Work Permit has been issued under the provisions of Article 3 ofthis Law.Article 7The Minister for Labour and Social Affairs shall make Orders regulating the grantingof Work Permits, Work Cards to foreign workers and determining the fees duetherefor.4
Bahrain Labour LawChapter 3: Employment of National WorkersArticle 8Every citizen able to work and willing to accept employment shall be entitled toregister his name at the Ministry of Labour and Social Affairs together with his age,occupation, qualifications and previous career experience. The Ministry shall,thereupon, record such applications in chronological order promptly and shall issueto the petitioner a certificate to this effect, free of charge.The particulars contained in the certificate shall be prescribed by Order of theMinister for Labour and Social Affairs.Article 9No worker shall be employed unless he possesses the certificate of registrationprescribed in the preceding Article and the Work Card also.The Minister for Labour and Social Affairs shall make an Order regulating the issue ofa Work Card and determining the fees due therefor.Article 10The Ministry of Labour and Social Affairs shall nominate registered candidates forsuitable employment vacancies with due regard to their age and technical ability.The Minister for Labour and Social Affairs shall make an Order regulating suchnomination of candidates for employment.Article 11Every employer shall either personally or by registered letter notify the Ministry ofLabour and Social Affairs within one month of all jobs whatsoever being vacant orwhich are created in his establishment together with a job description and the date bywhich the vacancy is to be filled.Further, within seven days of the date upon which any person is employed in respectof a vacant or created job, the employer concerned shall transmit to the Ministry ofLabour and Social Affairs the worker's registration certificate, together withparticulars of the date of commencement of employment, the rate of wages or salaryoffered and the nature of the employment.The employer concerned shall also enter the number and date of the registrationcertificate, opposite to the worker's name in the employment register maintained bythe employing establishment.Article 12Every employer shall submit to the Ministry of Labour and Social Affairs, in Januaryof each year, the particulars as required hereunder:1. the number of workers employed by name, classified according to the natureof their occupation or job classification, the rate of wages, age, sex, nationalityand the appropriate number and date of their respective Work Cards;2. the number of jobs which became vacant or were created during the precedingyear, the number filled; those which remained unfilled and the reasonstherefor, together with the nature thereof and the wages relating thereto;3. the general state of business, related employment opportunities and theanticipated increase or decrease in such opportunities during the coming year.5
Bahrain Labour LawEvery employer is required to submit, at intervals of three months, notification of anyanticipated reduction in manpower in his establishment.This notification shall be recorded on a proforma to be prescribed by the Ministry ofLabour and Social Affairs.Article 13Every employer shall afford priority of employment to citizens; thereafter to otherArab nationals whenever both are available and possess the capacity and competenceas required by the nature of employment.Further, whenever a labour force is surplus to requirements, employers shall releasenon-Arab nationals before Arab nationals and citizens, and shall release Arabnationals before citizens provided always that citizens or Arab nationals possess thecompetence required for employment.Article 14The establishment of any private employment agency operated for profit isprohibited.Article 15An employer may request a recruiting agent to supply him with foreign workers onlyin accordance with the terms and conditions prescribed in an Order made by theMinister for Labour and Social Affairs.Within the meaning of this Article, a recruiting agent means any person who suppliesa group of workers to an employer without supervision of the work or of the workersconcerned. No recruiting agent shall undertake recruiting activities unless he shallhave obtained a permit to do so issued by the Ministry of Labour and Social Affairs.Nor shall any employer enter into a contract with such an agent unless the agentconcerned is the holder of the said permit.Any such contract between an employer and recruiting agent shall be recorded inwriting and shall specify therein the nature of the work, the rates of wages, theobligation of the employer to pay such remuneration direct to the workers, theapproximate duration of the employment and the countries from which the workershave been recruited. One copy of this contract shall be lodged with the Ministry ofLabour and Social Affairs.Neither the employer, nor his representatives, nor the recruiting agent shall collectany amount of monies from a worker in consideration of such employment or hiscontinued employment.Article 16Exempted from the application of the provisions of this Chapter are:1. principal posts, the holders of which are considered as the authorized agentsof the employer in the exercise of their authority;2. the employment by an employer of members of his own family who are hisdependents. "Members of the family" means: the wife, father and mother Sons, daughters, brothers and sisters who are less than eighteen fullyears of age.6
Bahrain Labour LawChapter 4: Employment of Vocationally RehabilitatedDisabled PersonsArticle 17A disabled person is a person whose capacity to perform and secure a suitable job hasbeen actually reduced as result of any bodily or mental incapacity.Article 18Vocational rehabilitation means the services furnished to a disabled person enablehim to recover his capacity to resume his original employment or to perform anyother work suitable to his condition.Article 19The Minister for Labour and Social Affairs shall, in agreement with other Ministriesconcerned, and with the High Council for Vocational Training make such Orders asare necessary to establish, designate and regulate such institutions as are required toextend vocational rehabilitation services to disabled persons. Such institutions shallfurnish to a disabled person who has been so rehabilitated a certificate to that effect.The particulars to be contained in such certificate shall be as prescribed in an Ordermade by the Minister for Labour and Social Affairs.Article 20Every disabled person who has been rehabilitated may, with the validity of hiscertificate of rehabilitation, apply for registration of his name at the Ministry ofLabour and Social Affairs. The Ministry shall record his name in a register and issueto him, free of charge, a certificate attesting his registration which shall includeparticulars concerning the occupation or jobs for which he has received rehabilitationand the other jobs which he is able to perform.The particulars to be included in the certificate referred to in the preceding paragraphshall be as prescribed in an Order made by the Minister for Labour and Social Affairs.Article 21Employers employing one hundred workers or more, whether such workers areemployed in one or different localities, shall engage from amongst those whosenames are recorded in the disabled persons register as having been rehabilitated thepersons nominated by the Ministry of Labour and Social Affairs within the limits oftwo per centum of the total of their workers.Such per centum may be fulfilled by the engaging for employment disabled personswho have not been nominated by the Ministry provided that the names of suchpersons are duly recorded in accordance with the provisions of the preceding Article.A disabled person shall be employed in the job for which he has been rehabilitated orin any other work which he is able to perform and which is recorded in theregistration certificate.The bearers of certificates of vocational rehabilitation shall be exempt from any prerequisite conditions of physical fitness, if any, in respect of the disability mentionedin the certificate.7
Bahrain Labour LawArticle 22The Minister for Labour and Social Affairs may make an Order prescribing certaindesignated Government posts or positions for which rehabilitated disabled personsshall have a priority entitlement to appointment. This provision shall be applicable toGovernment agencies, public bodies, organizations and the Municipality.Rehabilitated disabled persons shall have priority of appointment to vacant positionsand jobs within the per centum limit mentioned in Articles 21 and 25 of this Law.Article 23Disabled persons employed in accordance with the provisions of this Chapter shall beentitled to all the rights as those enjoyed by other workers in the same establishmentin which they are employed.Article 24Establishments to which the provisions of this Chapter are applicable shall maintaina special register wherein are recorded particulars of all rehabilitated disabledpersons in their employment. The register shall contain such particulars as arerecorded in the relevant certificate of rehabilitation. Such establishments shall notifythe Ministry of Labour and Social Affairs during the month of January in each year ofthe number of positions and jobs held by disabled persons and the wage of each. Suchnotification shall be on the form to be prescribed by the Ministry.Article 25In the event that a worker sustains an employment injury causing disability whichdoes not prevent him from performing other work than his previous work, theemployer in whose service the injury was sustained shall employ the worker insuitable alternative work at the normal wage fixed for such work, but within alimitation of five per centum of the total number of his workers.This shall not prejudice the rights and entitlements of such worker, in respect ofinjury, according to the provisions of this Law and those of Social Insurance.8
Bahrain Labour LawChapter 5: ApprenticeshipsArticle 26An apprentice shall be deemed to be every person whose age does not exceedeighteen years and who enters into a contract of employment with an establishmentfor the purpose of learning an occupation of trade for a determined period of timeduring which the apprentice shall work under the supervision of the employerconcerned for a reward or wage. The provisions of this Law relating to juveniles shallapply to an apprenticeship contract in respect of any matter for which specificprovision is not contained in this Chapter.Article 27The employment contract of an apprenticeship shall be in writing and recorded intriplicate in the Arabic language. One copy shall be in the possession of each of thetwo parties and the third retained by the Ministry of Labour and Social Affairs withinone week of the date of signing the contract. The contract shall contain particulars ofthe occupation, the period of the apprenticeship, each progressive phase, thegraduated reward or wage of each phase, provided that the wage in respect of thefinal phase shall be not less than the minimum wage fixed for similar work.In any event, it is prohibited to fix a wage or reward on the basis of piece-work orproductivity of an apprentice.Article 28The Minister for Labour and Social Affairs shall, with the approval of the HighCouncil for Vocational Training, make Orders determining the occupations which aresubject to apprenticeship; the required conditions of an a
The Bahrain Labour Ordinance enacted in 1957 and amendments thereto are hereby repealed and replaced by the Labour Law for the Private Sector, annexed hereto, and any provision which is contrary thereto is so repealed, but with due regard to the provisions of Article 111 of the said Labour Law for the Private Sector. Article 2
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