30/10/2023, 11:57 Introduction to Labour Law

Introduction to Labour Law

Site: Bahrain Polytechnic Moodle Printed by: Jumana Abdulla
Course: GS5102 - Introduction to Human Rights - Labour Law Date: Monday, 30 October 2023, 11:57 AM
Book: Introduction to Labour Law

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Description
Overview
General Information
Individual Labour Contract
Probationary Period
Wages
Working Hours & Rest Period
Types of Leaves
Duties & Responsibilities
ICESCR & ILO

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Table of contents
1. Introduction
2. General Information
2.1. Terminologies (Part 1)
2.2. Terminologies (Part 2)
3. Individual Labour Contract
3.1. Types of Contracts
3.2. Definite Contract, Specific Work Contract, Indefinite Period Contract
4. Probationary Period
5. Wages
6. Working Hours & Rest Period
7. Types of Leaves
8. Duties & Responsibilities
9. ICCPR, ICESCR & ILO

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1. Introduction
Ministry of Labour is the responsible authority for all the related affairs in the private
sectors.

Labour Law revitalises the private sector labour market by giving more rights to employees,
such as improving the working conditions, creating a better investment, preventing human
trafficking by introducing and imposing clear contractual terms for employing domestic staff,
prohibiting discrimination practices such discrimination may result in the payment of wages
based on sex, ethnic origin, language, religion or beliefs…etc

The law also has introduced enhancements in terms of annual leave, maternity leave, sick
leave entitlement, labour disputes resolution and other topics.

Click on the pictures to view external websites

Bahrain Labour Law Worker Rights

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2. General Information
Law 36 for 2012 has been issued to organize rights, duties, and working conditions of Labour
in the private sector. This Law was based on the Labour Law of 1976 and its amendments in
2012, the social insurance law of 1976, the civil code of 2001, and the Law of workers’ trade
unions of 2006.

The new law has been aligned with several international, and Arab treaties and conventions
related to labour affairs to which Bahrain is a signatory and which have come into effect over
the last thirty-six years.

According to the (Labour Law, Article 2) the provision of this Law does not apply to the following:

Civil servants and public legal, military personal or special legal regulation covering the job relationship.
Except for some provisions specified in Article 2 of the (Labour Law), the provision of this law shall not be
applicable to domestic workers, such as housemaids, agricultural workers, security house-guards, nannies, drivers,
and cooks.
Members of the employer’s family effectively such as husbands, wife, and children.

The employer should provide his workers with means of transportation with work areas as
determined by the minister’s decisions. The employer should provide workers in remote areas with
the appropriate meals and suitable accommodations. After taking the opinion of related ministers,
Bahrain Chamber of Commerce and Industry and the General Confederation of Workers Trade
Union, the minister should issue the accommodation’s condition (Labour Law, Articles 10 & 11).

There is plenty of information on the Ministry of Labour. One place among others where you can find a lot of this
information is ‘Labour Market Regulatory Authority’ website. It will help with your studies in this course (click on the
image).

Labour Market Regulatory Authority

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2.1. Terminologies (Part 1)

For the implantation of this Law, the following terms and expressions shall have the following meaning ascribed to them
(Labour Law, Article 1).

The Ministry in charge of Labour related affairs in the private sectors.

The Ministry
Example: The Ministry of Labour.

The Minister The Minister in charge of Labour related affairs in the private sectors.

Every natural person working in return for a wage for an employer and
The Worker
under the latter’s management and supervision

Every natural person or legal entity employing one or more worker in

return for a wage.
The employer
Example: STC

The wage that is paid for the worker specified in the Labour contract on a
The Basic Wage
periodical basis in addition to the possible increments.

All the workers receive in return for his work either fixed or variable in
The Wage cash or in kind including the basic wage, allowances, commissions, and
other benefits.

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2.2. Terminologies (Part 2)

For the implantation of this Law, the following terms and expressions shall have the following meaning ascribed to
them (Labour Law, Article 1).

The Labour Contract It is an agreement between the employer and worker for a specified job.

The action arising from the individual labour contact.

Labour Action
Example: Terminating the Labour contract

The Judge in charge Any member of the office in charge of labour actions specified in Article
or Labour action 120 of this law.

The expression has the meaning specified in Article 4 paragraph 7 of the

Work Injury
Social Insurance Law 1976.

Both parties can terminate the contract after informing the other party
The Notice Period before at least thirty days of the expiry of the contract. The contract is
valid during this period.

Night The period between 7 Pm and 7 Am.

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3. Individual Labour Contract

What is a Contract?

A contract is a written agreement between two or more parties

concerning employment, sales or tenancy that is intended to be
enforceable by law. It is a legally binding document that defines
and governs the rights and duties of the parties to an agreement.

Watch the Video to get a better overview on the definition of a Contract

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3.1. Types of Contracts

There are three types of recruitment in the Labour Law which are the following definite
contract, specific work contract, indefinite period contract.

They cover the regulations and controls to be performed by the employees and private
entities.

Definite Contract Specific Work Contract Indefinite Period Contract

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3.2. Definite Contract, Specific Work Contract, Indefinite Period Contract

Definite Contract
The Labour contract which is signed for a definite period is expired by the expiry of its term
and can be renewed on the same terms or for another definite period.

Example:

A contract between an employer and a worker for two years.

Specific Work Contract

A specific work contract is expired upon the completion of the work.

Example:

Having a contract for building a house with a constructor, the contract will automatically
finish after the completion of building the house.

Indefinite Period Contract

The contract is considered indefinite for an indefinite period based on the following conditions:

1- If the contract signed without the need to determine its duration.

2- If the contract is concluded for a period of more than five years.

3- If the original contract period or renewed contract is more than five years.

4- If both parties of the definite contract continue executing it after the expiry of its term
without an explicit agreement of its renewal.

5- If the specific work contract last for more than five years and both parties continue
executing it.

Example:

Having a contract for building a house with a constructor, the contract will automatically
finish after the completion of building the house, but if they continue the work it is
changed to an indefinite contract.

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Contractual Contract

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4. Probationary Period
What is a Probationary Period ?

Probationary Period is a trial period of employment during which someone is

employed only subject to satisfactorily completing this period of time. They are
mainly used with new employees and vary in length but typically last between
one to three months.

The individual Labour contract should be made in writing in the Arabic language in two copies, each party should get a
copy. If the contract is drafted in a foreign language, a written copy in Arabic should be attached to it including
references to by-laws signed by both parties. In case of in existence of written Labour contract, the worker may solely
approve all of his rights.

How many months is the probationary period?

According to Bahrain Labour Law Article 21, the worker may be employed under a probation
period if stipulated in the contract law which does not exceed more than three months. There
is a possibility of increasing the probation period in some occupations by a Minister’s decision,
such period should not exceed six months.

Can both parties end the contract during the probationary period?
Both parties have the right to cancel the contract during the probation period, provided that
the party terminating the contract inform the other party at least one day before the date of
termination of the contract. The same employer should not employ the worker under probation
period more than once. Look at (Labour Law, Article 21)

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5. Wages
The wage of the worker is determined in accordance with the individual or collective work
contract or the work rules and regulations of the establishment. The workers' wages can be
calculated hourly or daily or weekly or monthly or per piece-rate or production and the wage
can’t be determined by piece-rate or production unless it is stated in the work contract. In
addition, it is prohibited to discriminate in wages because of sex, origin, language, religion,
or ideology. Wages and amounts shall be paid in Bahraini currency and it is possible to agree
on payment with other legal tender currency.

Wages are paid during working hours based on the following rules (Labour Law, Article 40):
Workers appointed with a monthly wage must be paid at least once a month.

If the wage by production for two weeks, the worker shall be paid on a weekly basis.

The wage should be paid weekly if it is not mentioned in the above two points.

If the employer does not pay the worker wage on time, he should compensate the worker by
six percent annually if the wage is delayed for six months or less, this percentage is
increased by 1% for each delayed month and the percentage should not exceed twelve
percent annually.

The employer should not transfer the monthly wage worker to work with other workers that work on daily or weekly or
piece-rate only after a written acceptance of the worker. The employer should not deduct more than ten percent of the
worker’s wages to be paid for a loan given to him by the employer. The employer should not also charge an interest on
these loans.

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6. Working Hours & Rest Period

This section explains the number of working hours which the workers conduct during the day and explains the rest
period.

Workers may not be effectively employed for more than

forty-eight hours a week. During Ramadan, Muslim workers
should not be employed more than six hours per day or
thirty six hours per week. The working hours should include
breaks for praying and eating their meals and rest, which
should not be less than half an hour in total.
Working hours for Muslim during Ramadan is 6
hours.

Worker should not be employed for more than eight hours a day if not agreed upon that, normally
employees should not employ workers for more than ten hours daily. It is possible that the employer may
employ extra hours if needed in the condition that the worker should be paid for theses extra hours.

The night shift workers receive compensation of the nature of their job if it is under occupational
confinement system.

The establishment should give the worker at least twenty-four hours rest a week, and worker should not
be employed on his weekly day of rest more than two consecutive times unless he agrees in writing.

Therefore, if there is a necessity, the employer may employ the worker on his weekly day rest. In this
case the worker has the choice of receiving an additional wage equivalent to one-hundred-fifty percent
of his normal wage or another day for rest.

Look at (Labour Law, Article 50-57)

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7. Types of Leaves
The worker deserves an Annual Leave of at least thirty days paid if he
spends one year at work in the rate of two and a half days monthly. The
employer can set the date and times of annual leaves based on the work
circumstances.

1. The worker may interrupt work because of an emergency for a

period not more than six days a year.
2. The worker may determine the date of the annual leave if he is
applying for an exam in any educational stages, in the condition
that he inform the employer not less than thirty days before taking
the leave.

The worker has the right for three days paid leave in the following cases:

The event for his Marriage for one time

The Death of his/her spouse or any of his/her relative to the fourth

degree of kin.

The Death of his/her spouse relative to the second degree of kin.

The worker is entitled for a one day paid leave upon the Birth of his Child. The Muslim Female
worker is entitled for a one month paid leave for the event of the Death of her Spouse and she is
entitled to complete Idda period for three months and ten days from her annual leave, and in the
event of the balance of her annual leave is insufficient, she may take unpaid leave.

The female worker is entitled to a full pay Maternity Leave for sixty days including before and after
delivery, provided of producing a valid medical certificate from one of the health centers. The
female worker can get unpaid fifteen days leave on the top of the previous one.

The Muslim worker is entitled to fourteen days Haj Leave if he has

spent at least five consecutive years in his employer service, the
worker can use this leave only once during his service.

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The worker completing three consecutive months in the employer’s

service, who's entitled to a Sick Leave should submit a certificate
issued by any of the Government Medical Centers or any of the clinics
retained by the employer as an evidenced.

The worker shall be entitled to the following sick leaves during the
same year:

1. Fifteen days on full pay.

2. Twenty days on half pay.
3. Twenty days without pay.

For more information refer to (Labour Law, Article

58 - 67)

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8. Duties & Responsibilities

The worker is expected to conduct only all the duties and responsibilities that are stated in the
individual or collective Labour contract unless necessary in order to prevent the occurrence of
an accident. If such work is not essentially different from his initial work and the worker's
rights are not affected, the employers may ask the worker to do so.

Example:

A worker is working in building constructions as a builder the employer can ask him to help in another
construction duty which has the same conditions.

The employer may provide training and qualification for the worker to do different work that is not specified in the
contract because of technological developments with the conditions that the employer informs the related Ministry and
Trade Union.

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9. ICCPR, ICESCR & ILO

Article 2 of the ICCPR & ICESCR stipulates that each state party should respect and ensure to all individual within its
territory all the rights without any distinction, exclusion or preference made on the basis of race, color, sex, language,
religion, and political opinions.

In addition, According to (ICESCR, Article 7) states should recognize the right of everyone to the employment of just
and favourable conditions of work. The state should ensure remuneration for workers as a minimum with guaranteed for
both women and men:

1. Fair wages and equal remuneration of work .

2. Decent living for workers and their families.
3. Safe and healthy working conditions.
4. Equal opportunities for everyone to be promoted.
5. Rest, leisure, and reasonable limitation of working hours and periodic holidays with pay.

Article 1 & 2 of the International Labour Organization (ILO) convention (Number 100) on equal remuneration states
that remuneration includes the ordinary, basic or minimum wage or salary and any additional emoluments (benefits)
payable by the employer to the worker.

Each Member shall, by means appropriate to the methods in operation for determining rates of
remuneration, promote and, in so far as is consistent with such methods, ensure the
application to all workers of the principle of equal remuneration for men and women workers
for work of equal value.

This principle may be applied by means of:

(a) national laws or regulations;

(b) legally established or recognised machinery for wage determination;

(c) collective agreements between employers and workers; or

(d) a combination of these various means

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ILO_Convention.pdf

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