Relevant national legislations for migrant workers in Bahrain

KEY LEGISLATION

Law No. 36 of 2012 promulgating the Labour Law for the Private Sector. Domestic workers can only benefit from certain provisions. 2

RECRUITMENT

RECRUITMENT FEES

It is not explicitly prohibited by law to charge recruitment fees to workers.

PASSPORT CONFISCATION

It is not explicitly prohibited for employers to confiscate passports. 3

WORKING CONDITIONS

CONTRACT

PRIVATE SECTORS (OTHER THAN DOMESTIC WORKERS)

The employment contract must be drafted in Arabic and in two original copies, one for each party. If there is a version in another language, it has to be attached to its Arabic version.

Employers who do not comply may be subject to a 200–500 Bahraini dinar (BHD) (US$530– 1,326) penalty.

Flexi-permit holders (limited workers eligible), appear not to require a contract. 4

DOMESTIC WORKERS

The Labour Market Regulatory Authority (LMRA) introduced a dual/ tripartite contract system in October 2017 for domestic workers hired through a recruitment agency.

One standard contract must be signed between the recruitment agency, the domestic worker and the employer, and a second contract must be signed between the domestic worker and the employer.

Employers who do not comply with the above-mentioned provisions are subject to a BHD200–500 (US$530– 1,326) penalty.

MINIMUM WAGE

PRIVATE SECTORS

Not applicable. 5

Wage discrimination between male and female workers in the same job shall be prohibited if the conditions of their employment are similar. 6

DOMESTIC WORKERS

Not applicable.

WORKING HOURS

PRIVATE SECTORS

The Rule

Eight hours per day or 48 hours per week. 7

Exceptions

Working hours may be increased to up to 11 hours per day, including breaks. 8 They can in exceptional circumstances be increased to 12 hours per day for workers who handle tasks that are “discontinuous” by nature, the latter being determined by a ministerial decision, 9 and working hours can also be decreased by the Minister. 10

Workers are entitled to at least a half hour break per day for prayer, meals or rest after 6 hours of consecutive work. 11

DOMESTIC WORKERS

Not specified by law.

REST PERIODS

PRIVATE SECTORS

One day per week, Friday unless otherwise agreed.

An employer may require a worker to work on their weekly day of rest or on a public holiday.

In this case, the worker may choose either to receive an additional wage equivalent to

150 per cent of the normal wage or to have an additional rest day.

DOMESTIC WORKERS

Not specified by law.

OVERTIME

PRIVATE SECTORS

Overtime provisions range from 125 per cent of the hourly rate for hours worked during the day and 150 per cent the hourly rate for hours worked at night.

DOMESTIC WORKERS

Not specified by law.

PAYMENT OF WAGES

Workers on a monthly wage must be paid at least once a month. 12

Employers are only cleared with regard to payment once it is fully paid to the worker in accordance with the Wages Protection Scheme. 13

ANNUAL LEAVE

PRIVATE SECTORS

30 days

DOMESTIC WORKERS

30 days

OTHER REQUIREMENTS

PRIVATE SECTORS

Working outdoors/in open areas is banned (usually between 12.00 p.m. and 4.00 p.m.) during summer, from June till end of August, except for oil and gas workers engaged in emergency maintenance. 14

An employee who has worked for three consecutive months with an employer is entitled to 15 days sick leave at full pay, 20 days sick leave on half pay, and 20 days sick leave without pay. 15 Employers shall provide their workers with suitable means of transportation, as determined by the Minister. 16 An employer who employs individuals in rural areas shall provide them

with the appropriate meals and suitable accommodation, as determined by the Minister. 17

DOMESTIC WORKERS

Although not specified by law, the LMRA standard contract/obligation pledge form (for direct recruitment) specifies that the employer must provide

the domestic worker with a decent residence, respect for privacy, food and clothing, occupational safety and health, medical care, and enable the domestic worker to communicate with their family periodically and regularly.

END OF SERVICE GRATUITY

During the first three years of service

Half a month’s wage for each year of service.

For more than three years of service

One month wage for each year of service.

All end of service gratuity calculations are made pro-rata.

FREEDOM OF ASSOCIATION

RIGHT TO JOIN TRADE UNION

All workers can join a trade union federation. 18

GRIEVANCES AND DISPUTE RESOLUTION

LODGING COMPLAINTS/ RESOLVING DISPUTES

Conciliation

Problems or disputes that arise between workers and employers may be brought to the Individual Labour Disputes Settlement Authority at the Ministry of Labour and Social Development (MOLSD). Any settlement that is reached between the parties shall be written in a document that is signed by each of the parties and the competent officer and will be fully enforceable. 19

Judicial remedy

Workers are able to seek judicial remedy by filing a claim with the Labour Case Administration Office. A hearing is scheduled within the two months consequent to the filing of the claim.

It is possible to directly resort to the judicial remedy without having previously sought settlement through the MOLSD.

A worker’s claim for compensation for termination of the employment contract has to be made within 30 days from the date of termination of the contract. This time limit is extended to three months from the completion of proceedings where parties have submitted the dispute to the Individual Labour Disputes Settlement Authority. 20

Workers are exempt from court fees.

SHELTERS AND PROTECTION SERVICES

The Migrant Worker Service Center and Shelter (a mixed shelter) was created in November 2015 by the LMRA. It has a maximum capacity of 120 persons, with men and women being in separate sections. The Service Center contains the migrant worker protection unit, physical and mental health professionals and a representative of the police anti-trafficking unit.

SPONSORSHIP

SPONSORSHIP AND CHANGING EMPLOYERS

PRIVATE SECTORS

With permission of employer

Anytime.

Without permission of employer

Only after the completion of one year of service. Workers have the obligation to notify the first employer of their decision to terminate their contract by registered mail. 21

Workers can lodge applications against absconding charges at the Grievances Unit Counter at the LMRA Expatriate Protection Center. Workers who start executing another employment contract while “absconding” may be fined, imprisoned, blacklisted and deported.

DOMESTIC WORKERS

With permission of employer

Anytime.

Without permission of employer

Only with the permission of the LMRA.

LEAVING THE COUNTRY

No exit permit is required.