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GS5102 - Introduction to
Human Rights - Labour Law

Session One

Introduction

This session aims to explain some of the subjective human rights enshrined in the two
Covenants (ICCPR and ICESCR). The Covenants are treaties and their content is binding for
States parties. Their content also reflect international customary law. Moreover, these two
treaties extend the rights contained in the Universal Declaration and are important starting
points for the drafting and adoption of other treaties (regional treaties, or treaties dedicated to
specific themes like the protection of women, rights of the child, etc.)
This session will look at on some of the rights in the International Covenant on Civil and
Political Rights (ICCPR). We could not possibly look at all of the instruments (Treaties,
Covenants, etc.) that have been mentioned but it is important to look more closely at some of
the rights to gain a greater understanding of International Human Rights Law and the
application of subjective rights.
This session will start with the right to life because it is the most fundamental of all rights.
Then, the right to freedom of movement and the right to privacy. Finally, we will look at
the right of protection for the child.

Right to life
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It is said that the right to life can be called the supreme human right, since
without a guarantee of this right, all other rights of the human being would have no meaning.
The right to life is expressed in Article 6 of the ICCPR.

1. Every human being has the inherent right to life. This right shall be protected by law.
No one shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of death may be
imposed only for the most serious crimes in accordance with the law in force at the
time of the commission of the crime and not contrary to the provisions of the
present Covenant and to the Convention on the Prevention and Punishment of the
Crime of Genocide. This penalty can only be carried out pursuant to a final
judgement rendered by a competent court.
3. When deprivation of life constitutes the crime of genocide, it is understood that
nothing in this article shall authorize any State Party to the present Covenant to
derogate in any way from any obligation assumed under the provisions of the
Convention on the Prevention and Punishment of the Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or commutation of
the sentence. Amnesty, pardon or commutation of the sentence of death may be
granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by persons below
eighteen years of age and shall not be carried out on pregnant women.
6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital
punishment by any State Party to the present Covenant.

Right to life
Obligation of the State to take positive measures to ensure the right to life
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States must protect the right to life by law (see para. 1 of Article 6). This
means, for example, that national criminal law must include consequences (a punishment of
some kind) for murder or manslaughter. States need to protect life against threats
like malnutrition or life-threatening illnesses. Moreover, they have the duty to prevent war,
genocide and other forms of mass violence. With regard to persons under arrest, States have
the duty to provide food or medical treatment, and to prevent suicide.

Right to life
Genocide and Armed Conflict

Genocide is understood as the physical and cultural extermination of a group.

History gives us many examples of attacks on whole groups of people - in Europe, over seventy
years ago, the Jewish and Romany populations were the victims of a mass extermination
policy by the Nazi regime; more recently the Tutsi people were attacked by the Hutu
in Rwanda.

Art. II of the Convention on the Prevention and Punishment of the Crime of Genocide provides
a definition of genocide.

[G]enocide means any of the following acts committed with intent to destroy, in whole or in
part, a national, ethnical, racial or religious group, as such:
1. Killing members of the group;
2. Causing serious bodily or mental harm to members of the group;
3. Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
4. Imposing measures intended to prevent births within the group;
5. Forcibly transferring children of the group to another group.
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Today, genocide has been recognized as an international crime. As stated in Art. 6, para. 3,
ICCPR, States are expected to respect the terms of the Convention against Genocide, to protect
people against the risk of genocide, and, of course, to not perpetrate genocide.

Armed conflicts, whether international or non-international, still represent the greatest threat
to human life. Does this mean that every time someone is killed during an armed conflict or
war, that this is a violation of the right to life? Not necessarily. Armed conflicts are still
governed by International humanitarian law. Killing combatants (during international armed
conflicts) and persons involved in the conflict (during non-international armed conflict) is
probably not a violation of the right to life (as long as the rules and principles of the
international humanitarian law are kept). However, killing non-combatants, wounded soldiers,
Red Cross/Red Crescent/Red Crystal workers would probably be a violation of the right to life
and a violation of the international humanitarian law.
Now complete three questions in Activity Two about Genocide and Armed Conflict.
Right to life
Prohibition of arbitrary deprivation of life

Please read the following passage.

As stated in Art. 6, para. 1, of the ICCPR, ‘no one shall be arbitrarily deprived of his life’. The
term ‘arbitrarily’ contains elements of unlawfulness and injustice, as well as those of
capriciousness and unreasonableness. So, for example, the intentional killing, without
warning, by a security agent, of a kidnapper who actually didn’t try to escape and was
unarmed, instead of catching and arresting them, is a disproportionate and unreasonable
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behavior that constitutes an arbitrary deprivation of life, hence a violation of the right to
life.

This passage may be a little tough going. Please complete the following activities to help you
understand some of the terminology that will continue to be used. Hint, remember the
definitions in Activity Three when you do four.
Right to life
Death Penalty

Internationally, more and more countries are moving towards not having the
death penalty. For example, the Second Optional Protocol to the ICCPR says that States parties
are under a strict and unlimited obligation not to execute anybody who has been sentenced to
death, to abolish the death penalty in their laws, and not to reintroduce capital punishment in
the future. However, under Art. 6 of the ICCPR, the death penalty is not unlawful. What may be
unlawful is the way death penalty is implemented or performed.

The death penalty is subject to limitations. Read these limitations below

- Nulla poena sine lege - the provision in Art. 6, para. 2, of the ICCPR states that a death
sentence may only be given when the law in force at the time of the violation allows it. If
there was no death penalty law when the crime was committed, the death penalty cannot
be given.

- A law imposing the death penalty must not contradict other provisions of the ICCPR or
the Genocide Convention. This means that death penalty must not be given in a cruel or
inhuman manner. Additionally, it should not fall within the meaning of Art. 7 (the
prohibition of torture) nor any form of genocide done by way of ‘legal’ sentences of death.
- The death penalty may be imposed only for the most serious crimes (e.g. intentional
killings or assassinations).
- The death penalty may only be given after the final judgment is given by a competent,
impartial and independent court. The court case also needs to be public, the accused is
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presumed innocent until proven guilty, and that the minimum rights of the accused are
observed. Additionally, the accused must be given the opportunity to appeal
their conviction.

- According to Art. 6, para. 5, the death penalty is prohibited for persons under the age of
18. This means age at the time the crime was committed, not the accused current age. So a
person under the age of 18 who commits a crime punishable with the death penalty may
not be sentenced to death even though they are 18 or older at the time the sentence is
given. Also, the death penalty cannot be carried out on pregnant women.
- Even after the judgment has been handed down, execution may not take place
immediately. Art. 6, para. 4, allows all persons sentenced to death the right to seek pardon
or commutation (changing the punishment to a less severe one) of the sentence. Pardons
are usually given by the Head of State but commutation may come from an appeal.

- Finally, if State A requests for the accused person to be sent or returned to that country,
and there is a chance that they will be executed in violation of the points made above, then
State B (the state where the accused is currently living or held in prison) is now not allowed
to send that person to State A.

Right to Freedom of Movement

The right to freedom of movement is enshrined in Art. 12 of the ICCPR.

This article contains the following statements.

1. Everyone lawfully within the territory of a State shall, within that territory, have the
right to liberty of movement and freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except those
which are provided by law, are necessary to protect national security, public order
(ordre public), public health or morals or the rights and freedoms of others, and are
consistent with the other rights recognized in the present Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.
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Aliens (tourists, migrant workers, business men and refugees to arrive legally) in the country
are guaranteed the same rights as a local citizen in terms of the rights in the Covenant.
However, the decision about how long they can stay and if they should even be there remains
the decision of the individual state.
Right to Freedom of Movement
Liberty of movement and freedom to choose one’s residence (para. 1)

Article 12 (para. 1, ICCPR) guarantees the right to move about and choose
a place to live within a country, and is available to all persons ‘lawfully within the territory of a
State’. There are some limitations contained in para. 3, but essentially nationals and aliens can
move about a country freely.
Nationals of a State party have an absolute right of residence in the country. This is different for
aliens. They do not have an absolute right of entry to a country and therefore do not have

automatically the right of residence (living in the country) – they

can ask for residency permits or visas which can be refused. States can make their own
decisions concerning who can enter their country. But once they have allowed the aliens in,
then they are guaranteed the same rights as nationals.

Below are some other reasons aliens can claim residency in a country.

- According to the 1951 Geneva Convention on Refugees, a refugee coming from a

neighboring State who was very badly treated there may not be refused entry at the border
but rather must be granted – at least temporary – residency.
- States parties are prevented from sending persons back to their home countries where it
is believed that they face the real risk of being subjected to torture or the death penalty.
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- Also, in order to protect families (see Arts. 17 and 23) States parties are called not
to expel one or more members of an alien family.

An alien is entitled to the right to freedom of movement and residency when they have a
residency permit from an official source. This is sometimes called a 'visa.' The residency of an
alien is therefore lawful when they have entered the country with a valid residency visa. An
alien who has entered the State illegally, but who has since gotten the correct visa, must be
considered to be lawfully within the territory. Lawful residency becomes unlawful when a time
limit on residency expires or when there is a valid reason for the visa to be stopped.
States must also work to protect the right to freedom of movement and residence from both
public and private interference. For example, states need to protect aliens from being forced
out should armed conflict arise in the country.

After reading this page, complete the True or False questions in Activity Six.

Right to Freedom of Movement

Freedom to leave a country and liberty of emigration (para. 2)

Paragraph 2 of Article 12 guarantees the right of all persons to leave every

country, including their own, subject to the limitations set down in para. 3 (next page).

This applies to both long and short stays overseas -

• Freedom to travel abroad for the purposes of tourism, visiting family, study, etc.
• Freedom to emigrate (move to another country to live)

The right to leave their own country creates an obligation for the State to issue passports or
travel documents to its nationals. States that deny their nationals a passport violate Article 12,
para. 2.
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Additionally, freedom to emigrate is available to everyone, both nationals and aliens. Of course,
the freedom of children to leave or emigrate is restricted, at least up to a certain age, due to
parental authority.
Right to Freedom of Movement
Limitations on the freedom of movement, residence, travel and emigration

Restrictions on the freedom of internal movement, residency, travel

abroad and emigration are only permissible in four cases. if restrictions:

i. Are provided by law

Restrictions must be provided by a parliamentary act or an unwritten norm of common law,

which must be made available to all the people in the country. The restriction imposed by law
must be reasonable and not abusive. For example, a law that prevents all blue-eye citizens from
moving from one place to another is an unreasonable law.

ii. Are consistent with other rights recognized in the Covenant

A law that puts restrictions on the freedom of movement must be fair and must
not contradict other rights enshrined in the Covenant. For example, Art. 47 in the ICCPR states
that "[n]othing in the present Covenant shall be interpreted as impairing the inherent right of
all peoples to enjoy and utilize fully and freely their natural wealth and resources." This means
that freedom of movement can never be restricted by preventing citizens from using their own
money for traveling.

iii. Serve one of the purposes for interference listed in the provision

Restrictions on the freedom of internal movement, residency, travel abroad and emigration
must serve one of the following purposes.
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- To protect national security - national security is endangered only in

serious cases of political or military threat to the entire nation. So, for
example, a State may bar access of non-authorized persons to the military’s
security zones or limit the freedom of active members of the military to move
about or leave the country.
- To protect public order - restrictions in this case are associated with the
lawful removal of personal freedoms and all traffic laws. An example of this
might include not allowing construction in some areas to protect the
environment. Permissible restriction on freedom of movement can also be
done for safety reasons. For example, police can prevent people from going
into earthquake zones. A limited night-time curfew can also be justified for
the sake of public order.
However, the exception must not become the rule. For the Human Rights
committee, excessive fees and unreasonable delays when applying for travel
documents, restrictions on family members traveling together, the need for
supportive documents from employers or family members, the requirement
of a certain amount of money or a return ticket, the requirement of an
invitation from the destination or from people living there, guarantees or
financial payments in order to obtain a permit to leave the country are
violations of Article 12.

- To protect public health - a typical case for restricting freedom of movement are
the quarantine measures to prevent the spread of infectious diseases. States may restrict
access to certain areas as a result of a catastrophe or where health dangers exist (e.g. close to a
nuclear power plant) and to areas that are important for ensuring public health (e.g. lakes that
serve as water conservation areas).
- To protect public morals - a typical case for the application of this provision is not
allowing women into shisha coffee shops to avoid the mixing of genders.
- To protect the rights and freedoms of others - here freedom of movement can be
restricted to protect the right to privacy and private property of others. Also, to protect helpless
or dependent persons as well as minorities, States may restrict the freedom to leave the
country of those persons who are attempting to avoid their duty to support their children.
Restriction can also be imposed on persons who are a threat to the public, like convicted
criminals or persons with infectious diseases.
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iv. Are necessary for achieving this purpose

Restriction to freedom of movement is possible only when such a restriction is necessary for
achieving one of the purposes listed under iii).
In order for a State to make the decision to make a restriction, they must carefully weigh up the
proportionality. This means, they need to decide if what they are doing balances equally with
the rights that they are taking away from people.

Activity Seven will help you understand and remember some of the things talked about on the
last two pages.

Right to Privacy

The right to privacy is enshrined in art. 17 of the ICCPR.

1. No one shall be subjected to arbitrary or unlawful interference with his privacy,

family, or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or
attacks.

The right to privacy guarantees the respect for the individual existence of every human being.
Each person has the right to exist physically, spiritually and legally and to respect for
their peculiar, individual nature, appearance, honour and reputation.

Activity Eight is designed to help you with the language again. Make use of the dictionary on
the right? You may prefer to complete Activity Nine instead...
Right to Privacy
Obligation on the State to take positive measures to protect the right
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Privacy needs to be protected against all forms of attack and interference.

For example access to personal data and secret surveillance measures by private companies is a
violation of the right to privacy. This right must be protected by the national law.
The government needs to take positive action to protect the right to privacy.

Positive action means to take steps to help or encourage certain groups of people with different
needs. Therefore the government needs to write into law regulations that will protect
individuals from others, such as organizations or criminal bodies. This is especially true in the
case of the elderly or children. Another example may be when States parties have the
obligation to ensure that prisoners have a right to communication with the outside world and
to provide them with a minimum of privacy, respect and protection from possible negative
situations with other prisoners or even prison guards.
Further, States have a special duty to ensure a right to communication between children and
both parents after divorce and the break-up of the family.

Right to Privacy
Scope of application
… no interference with [their] privacy…

The right to privacy covers the identity, integrity, intimacy, autonomy,

communication of individuals.
Identity - This includes your name, your appearance, clothing, hair and beard style, your
gender, genetic code (DNA), feelings and thoughts, your past, as well as beliefs or other
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convictions. Therefore, forced clothing or hairstyle rules, forced name changes, the forceful
influencing of thoughts and feelings (brain washing etc.) represent an interference with a
person’s privacy.
Integrity - Examples of this violation of personal integrity include the withdrawal of blood
samples without a proper reason or legal basis, medical treatment without consent or when the
patient does not want it. However, such interference with personal integrity is allowable when
it is in accordance with the national legal system and is not arbitrary. For example, an
emergency medical operation to save the life of an unconscious person do not represent a
violation of art. 17.
Intimacy - Intimacy refers to being able to keep your private characteristics, actions or data
from public viewing. Some personal information is so private (personal photos, personal
writings, etc) that their publication by someone else, without the consent of the owner, are a
violation of Art. 17. Some people have jobs where they have access to other peoples' personal
information such as doctors or insurance companies and so are not allowed to give that
information to anyone else.
Autonomy - Privacy also allows people to be themselves, free from interference from the
government or other bodies. However, this is only the case when what you are doing does not
interfere with other peoples' rights. States can also interfere here when actions are different
from social norms or are causing self harm. Examples of this include laws requiring the use of
seat belts, the banning of drugs or the prohibition of alcohol.
Communication - the right to privacy also protects the right of communication. People have
the right to develop relationships with other human beings for emotional development and
fulfillment. For example, children also have the right to maintain personal relations, direct
communication and regular contact with their parents after divorce. If the right of
communication between one parent and their children is denied by the other parent, States
have an obligation to step in and make communication and contact possible.

… no interference with [their] family…

According to Art. 17, para. 1 of the ICCPR, ‘no one shall be

subjected to arbitrary or unlawful interference with [their] … family’. In deciding what makes up
a 'family,' you need to look at the customs, traditions and laws of each individual country. For
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example, the family unit in Europe is understood more narrowly than the extended family of
traditional African societies.
Some criteria are essential for the existence of a family. There needs to be a blood relationship
and the documentation that goes with marriage or adoption. The family also needs to live
together and have evidence of a regular relationship. The Human Rights Committee rejected a
Polish woman's application to apply for entry visas for her daughter and grandson to come to
Canada. The committee felt that because they had lived apart for 17 years, they could not be
defined as a 'family.'
Sending illegal immigrants back to their home country, who have not committed any crime
except entering the country illegally and have members of a family in the new country, is a
violation of Article 17. Indeed, immigrants who stay for a long time and develop connections
like making their own family or business ties are protected under Article 17. This can only
be overturned in the case of strong evidence of anti-societal actions such as being a member of
a terrorist group.
Finally, States cannot prevent divorced people from starting a new family as this is also viewed

as interference with the family and so not allowed.

… no interference with [their] correspondence…

Correspondence means all forms of communication over distances: written letters, telephone,
email, etc. The protection of correspondence is talking about its security. States have a duty to

make sure that all forms of mail get to the receiver without inspection
by others. This means that the States must have legal measures in place to protect
communication, especially when private companies operate the communication systems.
Censorship, inspection of (or listening to) private correspondence because the States needs to
catch criminals or prevent terrorism is allowed when an appropriate court gives their
permission after hearing all of the facts. Also, the correspondence of prisoners can be read for
the purpose of preventing future crimes etc.

… no attacks on honour and reputation…

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Article 17 prohibits people from making personal attacks on

others when they do not have the complete truth. Talking negatively about other people makes
others think badly of that person, and so destroying their reputation. If the information is
incorrect, then this is banned by Article 17. However, if the comments made are true, then this
does not fall within the protection of Article 17.

Right to Privacy
Limitations

Article 17 of the ICCPR does not contain a limitation clause allowing for
restrictions or limitations in the interest of public order or similar purposes.
However, it does state that "no one shall be subjected to arbitrary and unlawful
interference with [their] privacy, family, or correspondence, nor to unlawful attacks on [their]
honour and reputation." If we look at the meaning of this from the other side, we could say that
interference with privacy, family and correspondence is allowed when, and only when, that
interference is non-arbitrary or lawful; and that attacks on honour and reputations are allowed
when lawful.
Unlawful interference means that which conflicts with the national legal system and
international law. Arbitrary interference contains elements of injustice, discrimination,
unpredictability and unreasonableness. These can therefore be hard to define and often must
be judged on individual merits.
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Unlawful interference? Arbitrary interference?

Often, violations of Article 17 are made together with violations of other rights. For instance,
in Angel Estrella v. Uruguay, the Human Rights Committee stated that the level of censorship of
communcation to and from in the ‘Libertad’ prison in Montevideo was a violation of Article 17
and Article 10 of the ICCPR (right of prisoners to be treated with humanity and dignity).

There has been a lot of information provided concerning the Right to Privacy. Please complete
Activity Nine to help you remember it for the test.
Rights of the Child

Article 24 of the ICCPR contains the rights of the child.

1. Every child shall have, without any discrimination as to race, colour, sex, language,
religion, national or social origin, property or birth, the right to such measures of
protection as are required by [their] status as a minor, on the part of [their] family,
society and the State.
2. Every child shall be registered immediately after birth and shall have a name.
3. Every child has the right to acquire a nationality.

These rights guarantee a right to protection by the child’s family, the society and the State.
Rights of the Child
In General
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According to para. 1 of Article 24, the State must offer its protection to all the
children within its borders. How they do this is up to them. They may offer support to the
family, or through support for facilities for children (kindergarten, orphan’s homes, etc.) or
through other measures that they think the children need.
Protection means that the State must prevent the child from suffering from any kind of abuse
or neglect by any third parties - this includes parents. It also means they must make laws so
that the people know what to do when situations, such as the death of the parents or
disabilities etc., happen in the child's' life.
However, Article 24 does not define which protective measures are required by a child’s status
as a minor. We can conclude from what states do that such measures may include the
following.

- Institutional protection
- Family law - law regulating relations between parents and children, including the law
of custody and support, understanding that deal with inheritance, guardianship
and tutelage, etc.
- Special criminal law protection - rules relating to the mistreatment and/or killing of
children which require special punishments; the creation of a legal age; special protection
for young people in criminal trials, a different set of rules for the pre-trial detention and
imprisonment.

- Ensuring adequate nutrition, housing, recreation, medical care, security and

education.
- Ensuring the respect of the rights in the Convention on the Rights of the Child
- These include the right not to be separated arbitrarily from their parents, the right to
family reunification, the right to benefit from child-care services, the right to personal
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liberty, the protection of children from violence, abuse, neglect, maltreatment, economic
exploitation, child labour, etc.

With children who are more in need (orphans or

children separated from their parents, refugee children, children with disabilities, minority
children, children in armed conflict), special protection is given.
Children must be treated equally. When children do not receive the same treatment because
race, religion or any other reason, this is a violation of Article 24. For example, any law where
the age limit was different based on gender would be in violation of paragraph 1 of Article 24.
Article 24 does not contain a legal definition of the term child. However, according to many
experts and the general comments of the Human Rights Committee, the protection of Article 24
applies to every human being below the age of 18 years unless, under the domestic law, the
child is considered an adult at an earlier age.
Rights of the Child
Special rights

Paragraphs 2 and 3 of Article 24 provide for two special rights of the child.

Registration and name - each newly born child has the right to immediate registration of
their name in a State recognized registrar of births. It is only after registration that the
existence of a newborn child is legally recognized. This right is closely related to the right of
every person to their own identity, which follows from the protection of privacy (Art. 17)
and to the right to recognition as a person before the law guaranteed (Art. 16).
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The right to a name covers not only the family name (given according to domestic law and
local customs), but also a first name identifying the child. This given name is chosen by the
parents. However, registration is a duty of the state in the country that the child is born.

Nationality - Article 24 (para. 3) states that children have a right to a nationality. How this
happens and what documentation is needed is up to the individual States. Further, when a
child is found with no nationality and we do not know who their parents are, this paragraph
provides an option by saying that the child is to be given citizenship of the country where
they were found.

Now that you have read the information on the rights of the child, please complete Activity
Ten.

Session Two

Introduction
This session will provide an understanding of States parties’ obligations to the International
Covenant on Economic, Social and Cultural Rights (ICESCR) This covenant provides equal rights
for men and women. We will then examine the right to work, the right to adequate food, the
right to adequate housing, the right to health, the right to water, and the right to education.
After defining these rights, we will look at the States parties' obligations to respect (or refrain
from violating), protect (by adopting laws and measures) and fulfill (i.e. facilitating, promoting,
providing) these human rights.

The Nature of States’ Obligations

Article 2, paragraph 1, of the ICESCR states that

Each State party to the present Covenant undertakes to take steps, individually and through
international assistance and co-operation, especially economic and technical, to the
maximum of its available resources, with a view to achieving progressively the full
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realization of the rights recognized in the present Covenant by all appropriate means,
including particularly the adoption of legislative measures.

It is important to note here that this means that States have an obligation to take steps, as in
they must do something, to ensure that the rights in the covenant are realised (e.g. to make

sure that the right to education, food, water, and work actually
happen). The way that this is to be done is set out in last line of the quote above "...all
appropriate means, including particularly the adoption of legislative measures." This means
that governments should create law(s) that protect and provide ways for people to enjoy those
rights.
The full realization of economic, social and cultural rights may take some time. States are
obligated to continuously work towards "...achieving progressively the full realization of the
rights recognized..." in the Covenant. This means that states do not need to achieve this over
night, but that they must show that they are continuously working towards this goal. Often
there are things that prevent this happening like not having many good teachers in the country
or bad healthcare. However, States are required to move as expeditiously (quickly) and
effectively (in the best manner) as they can towards that goal.
However, there is a minimum standard that must be met. This means that States must make
sure that all people in the nation have access to a minimum level of food or essential health
care. This is called the 'Minimum Core Obligation.'
The level of Minimum Core Obligation varies according to the country being discussed. Some
countries have more resources than others and so this makes it easier for them to meet these
standards. If a State says that it cannot meet one of their Minimum Core Obligations, they must
show the UN that they tried to use all of their resources to provide an answer. This also applies
at times of economic depression, States must look after the poor people, children and the
elderly. If they cannot, then they can call on the UN for help, as stated in Articles 22 and 23 of
the ICESCR.
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Article 2, paragraph 2, says that

The States Parties to the present Covenant undertake to guarantee that the
rights enunciated in the present Covenant will be exercised without discrimination of any
kind as to race, colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status.

It should be easy to see that discrimination of any kind will prevent the fulfillment of the
economic, social or cultural rights of the people discriminated against. This is why International
human rights law always includes a part that talks about non-discrimination.

As explained by the Committee on Economic, Social and Cultural Rights (the ESCR Committee),
"...discrimination constitutes any distinction, exclusion, restriction or preference or other
differential treatment that is directly or indirectly based on the prohibited grounds of
discrimination and which has the intention or effect of nullifying or impairing the recognition,
enjoyment or exercise, on an equal footing, of Covenant rights" (UN Doc. E/C.12/GC/20 at 3).
The 'prohibited grounds' above means the reasons for not allowing something. Put another
way, this means that you cannot give the rights in the Covenant more to one group than
another. The reasons include “race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status." What is really important here is the
last three words 'or other status.' This means that people cannot be discriminated against on
any grounds. That includes age, disabilities or marital status (are you married or not).
There are many examples of discrimination. Perhaps the bank will not give a home loan
because of your race, or your children cannot go to particular schools because of your religion.
One that often makes the news is when women are not given jobs because the organisation
fears that they will get pregnant and leave after doing the training.
 22

Governments must adopt laws that clearly make discrimination illegal. Additionally, they also
must decide what, if any, compensation or restitution must be given. This can range from an
apology, money or jail sentences.

Now complete Activity One below.

The Nature of States’ Obligations

Right to work
The right to work is fundamental because it contributes to peoples survival, and often their
recognition and reputation within the local community. Article 6 talks generally about the right
to work, and Article 7 outlines the right to safe working conditions - as shown below.
Article 6 of the ICESCR

1. The States Parties to the present Covenant recognize the right to work, which

includes the right of everyone to the opportunity to

gain his living by work which he freely chooses or accepts, and will take appropriate
steps to safeguard this right.
2. The steps to be taken by a State Party to the present Covenant to achieve the full
realization of this right shall include technical and vocational guidance and training
programmes, policies and techniques to achieve steady economic, social and cultural
development and full and productive employment under conditions safeguarding
fundamental political and economic freedoms to the individual.

However, the work must be what is called 'decent work.' This means that the work chosen
continues to respect all of the other fundamental rights of the person as well as the rights of
other workers around them (see Article 7).
The Economic, Social and Cultural Rights (ESCR) Committee defines work in the following
manner (UN Doc. E/C.12/GC/18, at 4-5).
 23

• Availability: There need to be services available to help people find jobs.

• Accessibility: People need to have complete access to the job market. If any people do not have
access, then there is a real chance that this will violate the non-discrimination principle of Article 2,
paragraph 2.
• Acceptability and quality: The protection of the right to work includes the right of the worker
to just and favourable (fair and good) conditions of work (in particular Article 7 - safe working
conditions, Article 8 - the right to form trade unions, and the right to freely choose and accept work).

Human rights impose three types or levels of obligations on States Parties.

• The obligation to respect: States have the obligation, for example, to prohibit forced labour, to
prevent companies from discrimination, and to prohibit child labour.
• The obligation to protect: States have the obligation, for example, to create laws or to take
measures to ensure equal access to work, training, and social protection.
• The obligation to fulfill: States have the obligation, for example, to create national employment
policy plans to stimulate economic growth, and overcome unemployment.

Article 7 of the ICESCR recognizes the right of everyone to just and favorable conditions of
work.

The States Parties to the present Covenant recognize the right of everyone to the enjoyment
of just and favourable conditions of work which ensure, in particular:
 24

(a) Remuneration which provides all workers, as a minimum, with:

(i) Fair wages and equal remuneration for work of equal value without distinction of any
kind, in particular women being guaranteed conditions of work not inferior to those enjoyed
by men, with equal pay for equal work;
(ii) A decent living for themselves and their families in accordance with the provisions of the
present Covenant;
(b) Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted in his employment to an appropriate
higher level, subject to no considerations other than those of seniority and competence;
(d) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay,
as well as remuneration for public holidays.

The right to "...just and favourable conditions of work..." is a right belonging to everyone,
without any distinctions. The right applies to all workers in all settings, regardless of gender, as
well as young and older workers, workers with disabilities, workers in the informal sector,
migrant workers, workers from ethnic and other minorities, domestic workers, self-employed
workers, agricultural workers, refugee workers and unpaid workers.
Article 7 identifies a list of fundamental parts to guarantee just and favourable conditions of
work.

• Remuneration: This term refers to wages and salary and to anything else that the
employer gives to the employee. The minimum criteria for remuneration are as
follows.

o
 25

1.
▪ Fair wage: This is based on work output, worker
responsibilities, skill and education levels, impact on health
and safety, specific hardships and impact on the workers'
personal and family life, etc.
▪ Equal remuneration for work of equal value without
distinction of any kind, in particular women being guaranteed
conditions of work not inferior to those enjoyed by men, with
equal pay for equal work: workers should receive equal
rewards when they do the same job. Also, when the jobs are
completely different but they are valued the same, workers
should get the same remuneration. That value is judged by
skills needed, level of responsibility, effort required and
working conditions.
▪ Remuneration that provides all workers with a decent living
for themselves and their families: A decent living is decided by
the cost of living in that country, and other relevant social and
economic factors. In other words, the worker and their family
must be able to enjoy social security, health care, education
and an adequate standard of living.

• Safe and healthy working conditions:Governments need to ensure safe and healthy
working conditions for workers. Should organizations fail to listen to the
government regulations, the workers need to be provided with a course of action to
remedy this.
• Equal opportunity for everyone to be promoted in [their] employment to an
appropriate higher level, subject to no considerations other than those of
seniority and competence: all workers have the right to equal opportunity for
promotion through fair, based on merit, and transparent processes that respect
 26

human rights. This means that there should be no place for criteria such as personal
preferences or family and social links.
• Rest, leisure, reasonable limitation of working hours and periodic holidays with
pay, as well as remuneration for public holidays: Workers should not be expected
to work everyday, they should have weekends. Also, they should not be asked to
work too many hours in a day. This allows the workers to create a balance between
their personal and professional lives, and helps avoid work related stress. Further -

▪ According to the The ILO Hours of Work Convention (1919), the

number of hours worked per day should be limited to eight.
However, this may be need to be flexible for situations like shift
work, consecutive works shifts, work during emergencies, and
flexible working arrangements.
▪ The number of hours of work per week should also be limited. Many
ICESCR States Parties have chosen the forty hour week. This number
may be reduced if the work is difficult.

▪ Rest is also important. Where workers use machinery or do jobs that

can affect the health of themselves and others, there needs to be
laws in place that ensure that the workers can rest enough.
▪ The ILO Weekly Rest Convention (1921) states that workers must
have one 24 hour period of rest for every week worked. Usually, two
consecutive days of rest for workers is preferable as a general rule to
ensure their health and safety.
 27

▪ All workers, including part time and temporary workers, must have
paid annual leave (see ILO Holidays with Pay Convention, 1970).

Special attention must be given to vulnerable individuals in their right to work also.
States Parties to the Covenant have a responsibility to the following groups.

• Women: The opportunities and treatment given to men and women must be the same.
For example, pregnancy can not be a reason to
• lose a job.

• Young persons: Because getting a first job is an opportunity for young

people to stop depending on their parents and, possibly, to bring
themselves out of poverty, governments need to supply both education
and vocational (job) training to young people. Additionally, young people
should not be forced to accept unfair wages or conditions, including
continuous unpaid internships, lack of job security through short or long
term contracts, or anything else that has a negative impact on career
prospects or social security.

• Child labour: Children must be protected at all costs, especially if there

could be an impact on their emotional, mental and physical
development. This, of course, includes economic exploitation, forced
labour, and human trafficking.

• Older persons: The elderly also need to be protected against

discrimination on grounds of age in employment and/or their occupation.
• Persons with disabilities: Disabilities, such as being blind or having a
physical handicap, should not prevent people from working. Also, people
with disabilities should be able to apply for promotion or educational
advancement, and should not be separated into a different working areas
because of their disabilities.
 28

• Migrant workers: The conditions under which migrant workers work should be exactly
the same as those enjoyed by workers native to the country.

• Domestic workers: Those who work in others homes are, for the most part, women.
They are often isolated and can be exploited, harassed and in some cases, suffer slave-
like conditions. They have the right to just and favourable conditions of work (see ILO
Domestic Workers Convention 2011), including protection against
abuse, harassment and violence, decent working conditions, paid annual leave, normal
working hours as well as daily and weekly rest, and social security.

Now complete Activity Two based on the information above.

The Nature of States’ Obligations
Right to adequate food and housing
The ESCR Committee acknowledges that the right to adequate food and adequate
housing comes from (and is connected to) the right to an adequate standard of living. They are
also linked to the inherent dignity of the human person and cannot be separated from social
justice.
Article 11 of the ICESCR states the following.

1. The States Parties to the present Covenant recognize the right of everyone to an
adequate standard of living for himself and his family, including adequate food,
clothing and housing, and to the continuous improvement of living conditions. The
States Parties will take appropriate steps to ensure the realization of this right,
recognizing to this effect the essential importance of international cooperation
based on free consent.
2. The States Parties to the present Covenant, recognizing the fundamental right of
everyone to be free from hunger, shall take, individually and through international
 29

co-operation, the measures, including specific programmes, which are needed:

(a) to improve methods of production, conservation and distribution of food by making full
use of technical and scientific knowledge, by disseminating knowledge of the principles of
nutrition and by developing or reforming agrarian systems in such a way as to achieve the
most efficient development and utilization of natural resources;
(b) taking into account the problems of both food-importing and food-exporting countries,
to ensure an equitable distribution of world food supplies in relation to need.

Based on the above, please answer the following questions in Activity Three.
The Nature of States’ Obligations
Right to food
The right to adequate food is when every man, woman and child, either by themselves or in the
community, have physical and economic access at any time to enough food, or the ability to
buy some.
The core content of the right to adequate food is as follows.

The availability of food in a quantity and quality sufficient to satisfy the dietary needs of individuals, free from
adverse substances, and acceptable within a given culture.
- ‘Dietary needs’ implies that the diet as a whole contains a mix of nutrients for both physical and mental growth,
development and maintenance, and physical activity that are in keeping with human physiological needs at all
stages throughout the life cycle and according to gender and occupation.
- ‘Free from adverse substances’ relates to food safety. A range of protective measures by both public and private
means must be taken to prevent contamination of foodstuffs and/or through bad environmental hygiene or
 30

inappropriate handling at different stages throughout the food chain. In addition, care must also be taken to identify
and avoid or destroy naturally occurring toxins.

The accessibility of such food in ways that are sustainable and that do not interfere with the enjoyment of other
human rights.
- ‘Accessibility’ encompasses both economic and physical accessibility. Economic accessibility implies that personal
or household financial costs associated with the acquisition of food for an adequate diet should be at a level such
that the attainment and satisfaction of other basic needs are not threatened or compromised. Physical accessibility
implies that adequate food must be accessible to everyone.

Three types of obligations are placed on the States parties in the provision of access to
adequate food. They are as follows.

- The obligations to respect - this means to not prevent access to existing adequate

food.
- The obligation to protect - this means that enterprises and individuals must be
prevented from depriving individuals of access to adequate food.
- The obligation to fulfill - this means that governments need to provide adequate
food to individuals or groups when they are unable to enjoy their right. Therefore, denying
access to humanitarian food aid during times of conflict or other emergency situations is a
violation of this right. Even when a State has major shortages, they need to ensure that the
right to adequate food for all sections of the population is taken care of. States can also ask
for international assistance.
 31

At the international level, States should try not to place food embargoes or other bans on trade
which make the provision of food to the population in other countries difficult. Food should
never be used as an instrument of political and economic pressure on another country.

Now complete Activity Four

The Nature of States’ Obligations
Right to housing
Although the problems of homelessness and inadequate housing exist in many countries,

the right to adequate housing applies to everyone,

regardless of age, economic status, or group.
For the ESCR Committee, the right to housing does not simply mean having a 'roof over your
head', but rather ‘it should be seen as the right to live somewhere in security, peace and
dignity’ (UN Doc. E/1992/23, at para. 7). This includes shelter that provides ‘adequate privacy,
adequate space, adequate security, adequate lighting and ventilation, adequate basic
infrastructure and adequate location with regard to work and basic facilities – all at a
reasonable cost’ (Commission on Human Settlements, Global Strategy for Shelter to the Year
2000).
Several factors must be taken into consideration when determining if something can be called
‘adequate housing’.

- Legal security of tenure: All persons renting the accommodation should have legal
rights including legal protection against forced eviction, harassment and other threats. The
type of rental agreement or tenure should make no difference.

- Availability of services, materials, facilities and infrastructure: All persons should

have access to natural and common resources, safe drinking water, energy for cooking,
 32

heating and lighting, sanitation (toilets) and washing facilities, means of food storage,
rubbish disposal, site drainage and emergency services.
- Affordability: there should be housing made available to all people in all income
levels, this may include extra money for those at the lowest levels of income. And, tenants
(people living in rental accommodations) should be protected against unreasonable rent
increases.

- Habitability: the house must be able to be lived in, enough room, protection from
the cold, heat, rain or other elements including diseases or other dangers to the heath of
the tenants.

- Accessibility: the rental houses need to be available to those that need them.
However, certain groups may get preferential treatment, such as the elderly, the physically
disabled or victims of disasters.

- Location: there needs to be enough rental housing in areas that make it possible to
people to travel to their jobs and schools. Additionally, the rental accommodation should
not be built in polluted or dangerous areas.

States parties to the ICESCR have many obligations to ensure the respect, protection and
fulfillment of the right to adequate housing. These obligations include designing, implementing
and monitoring legislation, policies, and national housing strategies. Regardless of the level of
development of any country, there are steps which must be taken immediately by States
Parties to the ICESCR (e.g. to give priority to social groups living in unfavorable conditions).

Now that you have read the above, please try the questions in Activity Five below
The Nature of States’ Obligations
Right to health
Every human being is entitled to the enjoyment of the highest possible level of health. Article
12 of the ICESCR provides the following.

1. The States Parties to the present Covenant recognize the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health.
 33

2. The steps to be taken by the States Parties to the present Covenant to achieve the full
realization of this right shall include those necessary for:
• (a) The provision for the reduction of the stillbirth-rate and of infant mortality and

for the healthy development of the child;

• (b) The improvement of all aspects of environmental and industrial hygiene;
• (c) The prevention, treatment and control of epidemic, endemic, occupational and
other diseases;
• (d) The creation of conditions which would assure to all medical service and medical
attention in the event of sickness.

The right to health does not simply mean the right to be healthy. The idea of ‘the highest
attainable standard of health’ includes both the individual’s biological and socio-
economic situation and the resources available within the country. There are a lot of factors
that can’t be looked after by the State. Indeed, good health cannot be ensured by a State, nor
can State provide protection against every possible cause of human ill health. Genetic factors,
individual susceptibility to ill health and the adoption of unhealthy or risky lifestyles may play
an important role when considering an individual’s health. Consequently, the right to health is
the right to the enjoyment of a variety of facilities, goods, services and conditions necessary for
the realization of the highest attainable standard of health. But if someone doesn’t want to
have an healthy life, nobody can force them.
As underlined by the ESCR Committee - "an inclusive right extending not only to timely and
appropriate health care but also to the underlying determinants of health, such as access to
safe and portable water and adequate sanitation, an adequate supply of food, nutrition and
housing, healthy occupational and environmental conditions, and access to health-related
education and information." (E/CN.4/2000/4, at para. 11)
The essential elements of the right to health include:
 34

• Availability: health-care facilities, goods and services, programmes (e.g. hospitals,

clinics, trained medical personnel, drugs, sanitation facilities) must be available in an
amount that satisfies the whole population.
• Accessibility: health facilities, goods and services have to be accessible to everyone
without discrimination, especially to the most vulnerable sections of the population
(e.g. women, children, adolescents, older persons, persons with disabilities). Health
facilities, goods and services must be within safe physical reach. Persons with
disabilities, for example, must be able to access the hospital or the doctor. Also,
health facilities, goods and services, must be affordable for all. Indeed, medicine, for
example, should not be too expensive if not reimbursed by health insurance. In
addition, information relating to health issues must be accessible, in particular if
there is an epidemic in the country.
• Acceptability: all health facilities, goods and services must keep in mind what is
medically ethical and culturally appropriate. For example, in some countries, a
pregnant person must be able to have access to a female doctor.
• Quality: health facilities, goods and services must be scientifically and medically
appropriate and of good quality. For example, medical personnel must have the
right skills, drugs must not be expired, and hospital equipment scientifically
approved.

Article 12, para. 2, of the ICESCR contains a list of measures that States need to take in order to
make the right to health a reality. This list should only be seen as a beginning point, and more
things can, of course, be added.
 35

• Paragraph a) refers to the right to maternal, child and reproductive

health. States are required to take measures in order to improve child and
maternal health (e.g. access to family planning, pre- and post-natal care,
emergency obstetrics services).
• Paragraph b) refers to the right to healthy natural and workplace
environments. States are required to ensure, among other things, the
prevention of the population’s exposure to poisonous chemicals, an adequate
supply of water, and the minimization of the causes of accidents in the working
environment.
• Paragraph c) refers to the right to prevention, treatment and control of diseases.
Here, States are required to establish educational programmes of prevention for
behaviour-related health concerns (e.g. if you eat fast food every day… something
bad will happen to you!); States are also required to have in place a system of
urgent medical care in cases of accidents, epidemics, and emergency situations.
• Paragraph d) refers to the right to health facilities, goods and services, in the event
of sickness, both physical and mental. This means that States must ensure access to
basic preventive (to stop diseases), curative (to cure diseases), rehabilitative (help
recovering from diseases) health services and health education; to essential drugs,
and to appropriate mental health treatment and care.

Three types of obligations are placed on the States parties in the provision of the right to
health. They are as follows.

- The obligation to respect includes allowing equal access for all people to all health
services. This extends to prisoners, minorities, asylum seekers and illegal immigrants also.
Additionally, the obligation to respect includes not marketing unsafe drugs; and keeping
pollution to a minimum.
- The obligation to protect includes adopting legislation or other measures to ensure
equal access to health care. This may mean that the government needs to watch private
health providers and check that they do not limit access to their services to any particular
minority group or make sure that doctors and nurses meet the appropriate standards of
education, skills and ethical codes of conduct.
- The obligation to fulfill includes adopting and implementing a national health policy.
This needs to include plans to provide a sufficient amount of clinics, a health insurance
system, and appropriate training and education. The government also needs to undertake
 36

actions that create, maintain and restore the health of the population, which may include
educating the population on the dangers of eating fast food too often.

Now that you have read the information on the Right to Health, please complete Activity Six

The Nature of States’ Obligations

Right to water
The right to water is related to, among other things, the right to health, to adequate housing
and to adequate food. This is because water is used for many different things - obviously
personal use, but also to produce food, for hygiene, for some cultural practices to name but a
few. Water is a limited natural resource and a fundamental part of life and health. The human
right to water is necessary for life. An adequate supply of safe water is necessary to prevent
death from dehydration, to reduce the risk of water-related disease and to provide for drinking,
cooking, personal and domestic hygienic requirements.

According to the ESCR Committee, "[t]he human right to water entitles everyone to sufficient,
safe, acceptable, physically accessible and affordable water for personal and domestic uses."
(UN Doc. E/C.12/2002/11, at 2)
The right to water includes:

• the right to a system of water supply;

• the right to maintain access to existing water supplies; and

 37

• the right to be free from arbitrary disconnection or contamination of water supplies.

The ESCR Committee also mentions the following regulations around water.

• Availability - The water supply for each person must be sufficient and continuous
for both personal and domestic uses.
• Quality - The water supply must be safe, therefore free from microorganisms,
chemical substances and radio- logical hazards that may be a threat to a person’s
health. The water should also be of an acceptable colour, odour and taste for each
personal or domestic use.
• Accessibility - The water supply and the connected facilities and services have to be
accessible to everyone without discrimination. This means both physically (water for
toilets and cooking etc) and economically accessible (affordable for all).

Here again, States parties have the obligation to respect, protect and fulfill the right to water in
the following manner.

• The obligation to respect includes the obligation to allow equal access to adequate
water, and to not pollute water or destroy the water infrastructure as
a punitive measure.
• The obligation to protect includes the obligation to prevent any other people
(individuals or corporations) from interfering with the right to water. Therefore
many States adopt laws that prevent companies from polluting rivers and lakes.
 38

• The obligation to fulfill covers many things. It includes plans to educate the
population about the protection of water sources and how to minimize water
wastage. It also includes the adoption of plans to ensure that water is affordable for
everyone including pricing policies and developments to ensure the continuous
supply.

After ingesting all about the right to water, please complete Activity Seven.

The Nature of States’ Obligations

Right to education

Education, as stated by the ESCR Committee, "is both a

human right in itself and an indispensable means of realizing other human rights. Education is
the primary vehicle by which economically and socially marginalized adults and children can lift
themselves out of poverty and obtain the means to participate fully in their communities.
Education has a vital role in empowering women, safeguarding children from exploitative and
hazardous labour and sexual exploitation, promoting human rights and democracy, protecting
the environment, and controlling population growth. Increasingly, education is recognized as
one of the best financial investments States can make." (UN Doc. E/C.12/1999/10, at 1)
The right to education is enshrined in Article 13 of the ICESCR. It is the longest provision in the
Covenant, the most wide-ranging and comprehensive article on the right to education in
international human rights law (compare with art. 14).

1. The States Parties to the present Covenant recognize the right of everyone to
education. They agree that education shall be directed to the full development of
the human personality and the sense of its dignity, and shall strengthen the respect
for human rights and fundamental freedoms. They further agree that education
shall enable all persons to participate effectively in a free society, promote
understanding, tolerance and friendship among all nations and all racial, ethnic or
 39

religious groups, and further the activities of the United Nations for the
maintenance of peace.
2. The States Parties to the present Covenant recognize that, with a view to achieving
the full realization of this right:The States Parties to the present Covenant
undertake to have respect for the liberty of parents and, when applicable, legal
guardians to choose for their children schools, other than those established by the
public authorities, which conform to such minimum educational standards as may
be laid down or approved by the State and to ensure the religious and moral
education of their children in conformity with their own conviction.
o (a) Primary education shall be compulsory and available free to all;
o (b) Secondary education in its different forms, including technical and
vocational secondary education, shall be made generally available and
accessible to all by every appropriate means, and in particular by the
progressive introduction of free education;
o (c) Higher education shall be made equally accessible to all, on the basis
of capacity, by every appropriate means, and in particular by the progressive
introduction of free education;
o (d) Fundamental education shall be encouraged or intensified as far as
possible for those persons who have not received or completed the whole
period of their primary education;
o (e) The development of a system of schools at all levels shall be actively
pursued, an adequate fellowship system shall be established, and the
material conditions of teaching staff shall be continuously improved.
3. No part of this article shall be construed so as to interfere with the liberty of
individuals and bodies to establish and direct educational institutions, subject
always to the observance of the principles set forth in paragraph 1 of this article and
to the requirement that the education given in such institutions shall conform to
such minimum standards as may be laid down by the State.
 40

The first paragraph of Article 13 states the aims and objectives of education; namely
developing human personality, providing for a sense of dignity, strengthening the respect for
human rights and fundamental freedoms, enabling all persons to participate effectively in a free
society, promoting understanding, tolerance and friendship among all nations and all groups of
individuals.
Education in all its forms and at all levels shall have the following features:

• Availability
- functioning

educational institutions and programs have to be available in sufficient quantity

within the jurisdiction of the State. Institutions must function, i.e. they are likely
to have buildings, protection from the elements, sanitation facilities, safe drinking
water, trained teachers receiving domestically competitive salaries, teaching
materials, etc.
• Accessibility - educational institutions and programs have to be accessible to
everyone without discrimination. On a physical accessibility point of view, education
has to be within safe physical reach (e.g. neighboring school, access to distance
learning programs). From an economical accessibility viewpoint, education has to be
affordable to all – but while primary education shall be available ‘free to all’, States
parties are required to progressively introduce free secondary and higher education.
• Acceptability - the form and substance of education, including curricula and teaching
methods, have to be acceptable (e.g. relevant, culturally appropriate and of good
quality) to students.
 41

• Adaptability - education has to be flexible so it can adapt to the needs of changing

societies and respond to the needs of students (e.g. adaptation to the new
requirements of the market).

What about the different levels of education?

• The right to primary education: primary education is compulsory and must be

‘available free to all’. This is the main delivery system for the basic education of
children outside the family. Therefore, primary education ‘must be universal’, and
‘ensure that the basic learning needs of all children are satisfied’ (World Declaration
on Education for All).
• The right to secondary education: secondary education includes completion of basic
education and consolidation of the foundations for life-long learning and human
development. Secondary education ‘shall be made generally available’, what it
means that secondary education access is not dependent on a student’s apparent
capacity or ability. Access to secondary education system is a right.
• Technical and vocational education (TVE): this type of education forms part of both
the right to education and the right to work (art. 6). The role of TVE is to help
achieve steady economic, social and cultural development and full productive
employment.
• The right to higher education: higher education ‘shall be made equally accessible
to all, on the basis of capacity’ of individuals. Therefore entry in the higher
education system is not automatic.
• The right to fundamental education: fundamental education mainly corresponds to
basic education but for adults who have not received or completed the whole
period of their primary education.
 42

The right to educational freedom, as laid down in para. 3 and 4, is fundamental. The right
to educational freedom includes:

• The liberty of parents and guardians to ensure the religious

and moral education of their children in

conformity with their own convictions. Public school instruction in subjects such as
the general history of religion and ethics is permissible if given in an unbiased and
objective way, respectful of the freedoms of opinion, conscience and expression.
• The liberty of parents and guardians to choose other than public schools for their
children, provided the schools conform to the minimum educational standards
approved by the State (e.g. admission, curricula, recognition of certificates – of
course these standards must be consistent with the educational objectives set out
in art. 13, para. 1).
• The liberty for everyone, including non-nationals, to establish and direct educational
institutions (e.g. nurseries, universities).

The right to education covers special topics such as academic freedom and discipline in
schools:

- Academic freedom - the ESCR Committee has expressed the view that the right to
education can only be enjoyed if accompanied by the academic freedom of staff and
students. Members of the academic community are free to pursue, develop and transmit
knowledge and ideas, through research, teaching, study, discussion, documentation,
production, creation or writing. Academic freedom includes the liberty of individuals to
express freely opinions, to fulfill their functions without discrimination, to participate in
professional academic bodies. The enjoyment of academic freedom carries with it
 43

obligations, such as the duty to respect the academic freedom of others, to ensure the fair
discussion of contrary views, and to treat others without discrimination (UN Doc.
E/C.12/1999/10, at para. 39).
- Discipline - humiliation or corporal punishment are not allowed because they are
inconsistent with the respect of the dignity of the individual. As well, any other forms of
discipline that breach the rights under the Covenant are not allowed. For example, food
deprivation as a form of punishment or form of discipline is prohibited.

While the Covenant provides for progressive realization and acknowledges the constraints due
to the limits of available resources, it also imposes on States parties various obligations which
are of immediate effect. For example, States have the immediate obligation to guarantee that
the right to education is exercised without discrimination. The right to education, like all human
rights, imposes three types or level of obligations on States parties: respect, protect, fulfill the
right to education. It means, for example, that a State must:

• ensure that third parties, like parents and employers, do not stop girls from going to
school;
• ensure that education is culturally appropriate for minorities;
• ensure that education is of good quality for all;
• design and provide resources for curricula which reflect the contemporary needs of
students in changing world;
• ensure that families are not dependent on child labour.

Now that you have learnt all that you can about Article 13, please complete Activity Eight.

Session Three
 44

1. What is Civil Service Bureau?

Civil Service Bureau (CSB) is the responsible authority for all the public sectors' employees who
work for the government of Bahrain. It is also responsible for the quasi-governmental bodies
such as University of Bahrain, Polytechnic Bahrain, General Sport Organization. CSB is also
responsible for recruitment of public sectors employees.

2. General Information

This law shall apply to matters related to civil service affairs in the state and shall also apply to
all civilian employees in all government sectors where they receive a salary or part of it from
the public budget.
The provision of this Law does not apply to the personnel of Bahrain defence force, Ministry of
Interior, the National Guard, and the National Security Agency, except the Civilian Employees
who work for these Entities (Civil Service Law, Article 1).

The is plenty of information on the CSB. One place among others where you can find a lot
of this information is ‘Civil Service Bureau’ website. Take the time to look at this website; it
will help you with your studies in this course (click on the image).

2. General Information
2.1. Terminologies (Part 1)
According to the CSB Law, Article 2 of the (Civil Service Law) provides the meanings of words
and expressions used in this Law which are the following:
 45

Any person who occupies any civilian position in the governmental

Employee
entities.

Bureau It refers to Civil Service Bureau.

It includes any ministry, public institutions, authority, organization or

Government council or entity that has a budget or part of it from the public
Entity budget.
Example: Tamkeen, Labour Market Regularity Authority (LMRA),
Supreme Council for Women.

Instruction It covers any instruction by CSB to implement its policies.

Example: Special instructions related to special events.

2. General Information
2.2. Terminologies (Part 2)
According to the CSB Law, Article 2 of the (Civil Service Law) provides the meanings of words
and expressions used in this Law which are the following:

It covers all duties and responsibilities delegated by the government

entities to its employees.
Position
Example: Duties and responsibilities that the employees should
perform
 46

It is related to a particular minister or the president of the

Relevant
Government Entity.
Authority
Example: Minister of Education.

In addition to the Basic Salary which is paid for the position that the
Salary employee occupies it also includes social allowances for any other
allowances that the Prime Minister decide to add to the basic salary.
Example: Transport allowance, health allowance.

A Position to which a person is appointed by a Decree issued by the

Senior Position
Prime Minister.

2. General Information
2.3. Functions of the Civil Service Bureau
The functions of the Civil Service Bureau (CSB) include the following (Civil Service Law, Article
3):

• Performs the role of a central supervision of all affairs of the employees in the
government sector.
• It is also responsible to propose polices, strategies and objectives related to the
development of civil service.
• It reviews and approves manpower contracts between government entities and Private
sectors companies inside and outside the Kingdom of Bahrain.
• It aims to ensure harmony between education and training outcomes and available job
opportunity in government entities.
• Follow up the latest research and development in civil service affairs and network with
international and scientific institutions to achieve this aim.
 47

2. General Information
2.4. Civil Service Bureau Regulations
Since the CSB is the responsible authority for all the public sectors employees, it has
formulated the following regulations:

Maximum number of Positions

The CSB should coordinate with the government entities to determine the maximum
number of positions for each government entity and ensure the appropriate use of
manpower of each entity.
The Government entity is not allowed to have employees exceeding the number of the
positions determined by the public budget.

Employee Performance and Positions

Introduce a performance management system for evaluating the employees’ competency

and improving their performance. Such performance should include procedure for
performance evaluation, submission and approval of performance report and employees'
appeal. All government entities should implement this system.

Duties and Conduct

 48

All employees shall perform their duties and obligations entrusted to them accurately,
honestly and with integrity. They should maintain the secrecy and dignity of their position
and the government entity they work for. Employees should not contravene applicable
laws, regulations, resolutions and instructions. The relevant authority should prescribe
other duties, disciplinary offences, and penalties for such offences.

Job Advertisement

It is important that the government entities inform Civil Service

Bureau (CSB) with any required vacancy they need to fulfil. The CSB should identify the
position before advertising them in the local and international media. It also controls the
advertisement and examination decided for those positions. The CSB should also issue the
instructions regarding the rules and regulations and other controls for type of recruitment
and their procedures.

2. General Information
2.5. Employee Promotion

The promotion in this law is based on merit by a decision from the relevant authority after the
approval of the CSB. The CSB should put controls and regulations on merit and the promoted
employees' rights according to the executive regulations.
These regulations are stipulated in Article 15, of the executive regulation that puts a
promotion system during the service of the employee and promotion in case the employee
reaches the maximum range of grade of his position. The regulations include the concept and
type of promotions and its conditions, prescribing the concept and the level of performance
required for promotion.
 49

The employee is not eligible for promotion if he is suspended from his work or awaiting
investigation or a trial in a felony or dishonorable crime, the employee shouldn’t also be
promoted if he has been suspended or subject to a judicial ruling following a criminal
trial (Civil Service Law, Article 14) (Executive Regulation, Article 15).

3. Types of Contracts

There are four types of recruitment in the Civil Service Bureau which are permanent
employment, temporary employment, part-time employment, and contract employment.
They cover the regulations and controls to be performed by the employees and government
entities (Executive Regulations, Article 6).

3. Types of Contracts
3.1. Permanent & Temporary Employment

Permanent Employment

Each employee works full time on contract basis for a specify period throughout workdays with pay
and benefits which are decided for the position in accordance with the following controls:
• Should be Bahraini citizens as well as nationals of the Arab gulf cooperation council (GCC).
• Should pass the examination determine for the position.
• The position should be budgeted and approved within the maximum ceiling of positions on the
organization chart.

Temporary Employment

The employee works full time on a contract basis for a limited period throughout workdays with pay and
benefits decided for the position. The employee also can be paid lump sum amount agreed upon by the
government entity and the candidate after the approval of CSB, in accordance with the following controls:
• Should be Bahraini citizens as well as nationals of the Arab gulf cooperation council (GCC).
• The position should be budgeted and approved within the maximum ceiling of positions on the
organization chart.
• Meeting urgent needs when certain employees are on leave or assisting in implementation
programs or other justifications approved by CSB.
• The position should be for a period which does not exceed one-year renewable subject to the CSB
approval.
 50

3. Types of Contracts
3.2. Part-Time & Contract Employment

Part-Time Employment

The employee works on a contract basis for a specified period and his daily working hours should be less
than the daily working hours for full time permanent employment. The part-time employment shall be
paid with monthly lump-sum calculated in terms of hours, day, week, month, or peace of work, according
to the following controls:
• The part-time employment shall be effected, after the approval of CSB in a classified vacant
position which shall also be budgeted and approved on the organizational chart.
• The position should meet the job requirements for seasonal nature or require rare knowledge or
skills or expertise.
• Assist in preforming certain support functions or developmental programs or projects.
• The qualifications required for permanent position should be the basis for selection of the part-
time employment.

Contract Employment

The non-Bahraini employee works on a contract basis for a limited period with pay and benefit decided for
the position according to the approval of CSB, in accordance with the following controls:
• Seeking rare expertise, knowledge, and skills.
• The position should be vacant, budgeted, and approved with in the maximum ceiling of the
organizational chart.
• The qualifications required for permanent position should be the basis for selection of the contract
employment.
• Contracts may be for a maximum of two years and maybe renewable subject to the CSB approval.
• The CSB should be the official sponsor of the civil service of the non-Bahraini employees in regard
to obtaining work and residence permits.

4. Probationary Period

Introduction

The probationary period does not apply to those employees who are appointed to senior positions, for example,
directors, secretaries and under-secretaries and ministers. The newly appointed employees are subject to a
 51

probationary period of six months from the first day he/she starts work. Employees who are appointed for academic
positions are subject to a probationary period for one academic year.

A video on the Principles of passing your Probationary Period

Play Video

According to the CSB Law, Article 12 of the Executive Regulations identifies the procedures of
the probationary period which are the following:

• The employee is subject to appraisal in accordance with the performance management system.
• The employee’s direct supervisor should closely monitor the employee performance. The
supervisor should also provide support and guidance in order to enhance the
employee's performance. One month before the expiry of the probationary period, the employee
direct supervisor should prepare a report about the employee’s performance and submit the
report to the management that include the results of the employee performance appraisal during
this period and provide a recommendation based on the outcome of the appraisal either by
confirming the employee in his position or his termination with supporting justification and
documentation. The report should be submitted to the relevant authority whose decision should
be final either to retain the employee or terminate his service.
• The employee direct supervisor should inform the employee before the end of the probationary
period by at least five working days about the decision of the relevant authority and the period of
the probationary period shall be charged (calculated) to the employee’s service if he has been
confirmed to his position.
• If the probationary period expires without informing the employee about the decision of the
relevant authority, the employee shall be confirmed in his position.
• The employee service may be terminated during the probationary period if he violates the duties
of his position according to Law.
 52

• The employee may resign from his job during the probationary period by giving five days’ written
notice to his direct supervisor.
• The employee whose service has been terminated for any reason specified in (Article 12) should be
given all his entitlement to the last day he works.

Commencement of Work

The relevant government entities should not allow any employee to start his work before
notifying the CSB with such employment in order for the CSB to approve the employee’s
commencement of work.
Example: Government Employee

5. Salaries

The relevant authority subject to CSB approval may

decide to make appointment in an approved position within the project budget of the
government entities. This includes the entities whose personnel affairs are regulated by special
regulations, procedure, and conditions prescribed by the CSB.
According to the Civil Service Law, Article 15 salaries benefits and controls are determined in
accordance with resolutions issued by the Prime Minister based on a proposal from CSB. The
employee is entitled to receive salary and benefits starting from the date of his employment.

Therefore, the CSB have stated some of the procedures and regulations that the employee
benefits from during his monthly payment which are the following (Civil Service Law, Article
29):

1. The employee is entitled to his salary and decided work benefits until the date of termination of
his service of any of the reasons mentioned in this law.
 53

2. In case of termination of service because of medical ground, the employee's salary and work
benefits are paid until the end of his sick leave or until the date of the employee retirement upon
his own request.
3. The employee's salary should not be subject to deduction except for payment of alimony, debt
following a judicial ruling or payment of a government debt incurred by the employee by virtue
because of his position.
4. The deducted amount should not exceed quarter of the employee's salary.
5. If the employee must pay several debts, the priority should be given to alimony.
6. The employee cannot file a suitcase or a claim related to his position if this has been previously
rejected by a court order after five years have elapsed, this limitation period starts from the
effective date of the entitlements.
7. No lawsuit or claim for a refund of any amount paid without reasonable cause by the
government to an employee, where this claim has been previously rejected by the court. Such
claim shouldn’t be entertained after five years have elapsed, and this limitation period starts with
effect from the date of payment.
8. The period of the claim should be fifteen years when the payment has been obtained because
of deceit or fraud from the part of the employee.
9. The limitation period referred above may also be interrupted with any claim of writing either by
the employee or the government authority.

6. Working Hours & Rest Period

The working days are determined by a decision made by the CSB including public holidays,
timings, and conditions of work in accordance with the public interest.
Special working hours to some of the government authority and certain employee positions
can be determined by the relevant government authority after the approval of the CSB. This
depends on the nature of its work (Civil Service Law, Article 19).

6. Working Hours & Rest Period

6.1. Working Timings
The working hours in the government entities are subject to the following rules (Executive
Regulation, Article 26):
 54

• The employee is entitled for a paid leave and work benefits determined for him during the official
and weekly holidays. The employee may work during his holiday if necessary and he should be
compensated according to a decision by the CSB.
• Female employee should not work in any industrial government project or part of it between 8 PM
until 7 AM but only in exceptional circumstances determined by the CSB in relation to female
employees’ night duties.
• If employees have to stay for long hours because of an emergency, special training course for these
employees should be arranged in accordance with the conditions prescribed by the CSB.

6. Working Hours & Rest Period

6.2. Over time work
The relevant authority may ask the employee to work overtime during the official working
hours or during holidays in accordance with the following conditions except for the holders of
senior positions (Executive Regulation, Article 27):

• Employees are entitled to be compensated for their overtime work during the official working
hours or holidays in accordance with the CSB instructions.
• The overtime work should have a nature of emergency that can’t be achieved during the official
working hours.
• The overtime working hours should be related to the duties of the employee during the official
working hours.
• The overtime work should be the practical and economical ideal process to meet the government
entity’s requirement after all the methods and processes of regulating work during the official
hours have been exhausted, such as pre-planning, work scheduling, changing work performance
deadlines and redistribution of human resources.
• The overtime work should be within the determined budget approved by the CSB provided that
such pays do not exceed the budget allocated to the government entity in the Workforce
Expenditures Chapter.
• The relevant authority is responsible to organize the overwork hours by preparing overtime
working hours’ schedule and using these hours during exceptional circumstances.
• The CSB determines the maximum overtime working hours.
 55

7. Types of Leaves

Rest periods are very important for all workers and employees
because it improves productivity. Domestic and international
legislation such as CSB Law and Labour Law emphasize this point.
In Addition, human rights
international conventions and treaties such as Universal
Declaration of Human Rights, International Covenant on Civil and
Political Rights (ICCPR), International Covenant on Economic, Social
and Cultural Rights (ICESCR), and International Labour
Organization (ILO) also assure the importance for employees and
workers to take rest periods.

According to the CSB all employees are entitled to different types of leave which are the
following (Civil Service Law, Article 20):
7. Types of Leaves
7.1. Annual Leave

The balance of the ordinary Annual Leave is calculated based on days and not hours.
Therefore, a full paid thirty days annual leave is given to all employees. The employee may
retain his unused annual leave credit provided that this credit does not exceed seventy five
working days, look at (Executive Regulation,Article 28).

• The weekends and other official holidays are not calculated as part of the annual leave.
• The employee’s holiday is calculated from the first day of his work and he is not allowed to take
this leave until he finishes his probationary period successfully.
• The employee is given the annual leave after the approval of his supervisor and this leave shall not
be extended without his supervisor’s approval.
• The relevant authority should not postpone or reduce the employee’s annual leave after
approving it except for work necessity.
• The employee should take his annual leave in another time during the same year.
• The employee deserves a cash compensation for the balance of regular annual leave not taking by
the employee upon the termination of the service. Such compensation shall be calculated based on
his last salary received upon termination.
 56

• Employee working in training and academic institutions and colleges are entitled to leave equal to
the duration of academic holidays.

7. Types of Leaves
7.2. Sick Leave
Sick Leave is determined according to the following conditions (Executive Regulation, Article
30):

• The employee deserved a fully paid sick leave based on credited medical certificate for twenty four
working days a year which is two working days a month.
• The employee may keep the unused sick leave which should not exceed 240 working days.
• The employee should inform his direct supervisor about his sick leave unless there is a valid excuse
of not doing so.
• The relevant medical committee shall be responsible for the medical fitness of the employees, if
such committee decide that the unfitness of the employee to carry on his work duty, a decision is
taken by this committee and inform the relevant authority in relation to his fitness including the
termination of his service.
• An absence for a sick reason exceeding five days should be supported by a medical certificate from
the relevant specialized committee.
• The relevant authority may give the employee who used all his sick leave credit another fully paid
sick leave that does not exceed sixty working days, if it is approved by the specialized medical
committee.
• The employee with Asiklr or kidney failure who had used all medical leave deserve another medical
leave with a salary that does not exceed thirty working days for one time during the year, if it is
approved by the specialized medical committee.
• The sick leave is calculated within the duration service that the employee deserves, and end of
service remuneration or pension pay.
• The employee is entitled to a sick leave with pay for period authorized absent including period of
annual leave, sick leave, other leave with pay, special leave with pay and special leave without pay,
not exceeding thirty days.
 57

7. Types of Leaves
7.3. Special Leave (Part 1)
All employees are entitled to the following Special Leaves (Executive Regulation, Article 31):

Should not exceed three working days for once during the term of service
Marriage Leave
after the employee submission of the original marriage certificate.

Haj Leave Is given for Muslims only for twenty-one days once during the duration of
(Pilgrimage) his service.

Is given for female employee for sixty days which starts from the first day
of delivery registered in the medical certificate. Upon her request, the
Maternity Leave
female employee may obtain maternity leave fifteen days prior to her
delivery.

Is given to employee for three days up to the fourth-degree relative

Bereavement Leave
relation.

This is given to the Muslim female employee after the death of her
Odda (Death of
husband for the duration of four months and ten days from the date of
husband Leave)
her husband death.

Accompanying a The employee can be granted accompanying sick leave for a period that
sick person Leave does not exceed sixty days up to the fourth-degree relative relation.
 58

Attending a sick The duration of attending sick person leave is determined by the
person Leave specialized medical committee.

7. Types of Leaves
7.4. Special Leave (Part 2)
All employees are entitled to the following Special Leaves (Executive Regulation, Article 31):

The duration of quarantine leave is determined by the specialized

Quarantine Leave medical committee.
Example: Covide-19 quarantine.

Examination Leave The duration of the examination leave is one month annually.

Leave for cultural

activities in official Based on the required duration of such participation.
delegation

The duration of occupational leave is determined by the specialized

Occupational Leave
medical committee.

The duration of breastfeeding leave of the female employee is for two

Breastfeeding Leave
hours daily for two years.

7. Types of Leaves
 59

7.5. Special Leave without pay

A special leave without pay is granted based on the following conditions (Executive Regulation,
Article 31):

• The spouse can be granted a special leave without pay for at least six months if one of them is sent
on a mission outside Bahrain. The management entity should grant such leave to the applicant.
• The female employee can be granted a leave without pay to care for her child whose age does not
exceed six years for a period does not exceed two years and such period should be recorded three
times throughout her employment service.
• An employee can be granted a leave without pay for education or research.
• Leave without pay is not calculated as part of the employee pensionable service.

Session four

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.

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.
 60

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).

2. General Information
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).
 61

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

The Ministry
Example: The Ministry of Labour.

The Minister in charge of Labour related affairs in the private

The Minister
sectors.

Every natural person working in return for a wage for an employer

The Worker
and under the latter’s management and supervision

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

The employer return for a wage.
Example: STC

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

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

2. General Information
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).
 62

It is an agreement between the employer and worker for a specified

The Labour Contract
job.

The action arising from the individual labour contact.

Labour Action
Example: Terminating the Labour contract

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

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

Work Injury
the Social Insurance Law 1976.

Both parties can terminate the contract after informing the other
The Notice Period party 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.

3. Individual Labour Contract

What is a Contract?
 63

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

3. Individual Labour Contract

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.

3. Individual Labour Contract

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.

 64

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.

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.
 65

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)

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
 66

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

• 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
 67

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)

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.
 68

• 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.

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.
 69

For more information refer to (Labour Law,

Article 58 - 67)

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.

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:
 70

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

Session Five

1. Introduction

Introduction

Women represents more than 50% of the population in the Kingdom of

Bahrain, and around 40% of the working force. Therefore, it is important to
focus on their rights in Bahrain Civil Service Law and Labour Law.
 71

Women also plays an essential role in all the 17 sustainable goals. Bahrain has
been working, especially in the last 20 years, to empower women politically,
economically and socially.
This role is taking by the Supreme Council of Women since its establishment
on the 22nd of August 2001. Bahrain also joined CEDAW by Royal Decree
Number 5 of 2002. The aim is to provide its female citizens with adequate
healthcare, education, and employment opportunities.

Here is a short video on the global history of Women's Rights,

watch the video to get a better overview on women rights.

2. CEDAW

CEDAW is an international convention that more than 189 countries have ratified. It was
adopted by the General Assembly of the United Nations in 1979. It consists of the bill of right
for the protection for women that made of preamble and thirty articles. The treaty defines
what constitutes discrimination and set up and agenda for national action to end such
discrimination.

Play Video Play Video

Watch these videos which explains the rights of women's in the CEDAW conventions

Article 11 of the convention discusses the responsibilities on state parties by taking all the appropriate
measures to eliminate discrimination against women in the field of employment in order to ensure, on a
basis of equality of men and women, the same rights.
 72

. Women Role in the Society

Throughout history, the central role of women in society has ensured the stability, progress
and long-term development of nations. This section discusses some of the important roles of
women.

Women Political Rights

Bahrain is considered as one of the first nation in the middle east to give a universal
female suffrage in 2002. In 2006 election, 16 female candidates ran for the council of
representatives and women made up 50.2% of the votes. In 2018 elections there were 39
female candidates in comparison to 330 men. In this election, 6 women were elected,
doubling their previous number in 2014 and setting the record as an all-time high of elected
female representative in the Kingdom.
Example: MP Fawzia Zainal as the first Bahraini women elected as the chairperson for the
parliament

Women Economic Rights

Bahraini women are treated equally as men in the constitution of the Kingdom of Bahrain
and all laws and regulations that regulates work such as Civil Service Bureau and Labour
Law. Bahraini women receive equal salaries as their men counterparts. Bahrain is one of
the rare countries in the work that pay equal wages for men and women.

Women Social Rights

2009 was an important year in the calendar of achieving important rights for Bahraini
women. For the first time, the government passed the first personal status law which
granted women the right to consent to marriage and state conditions in a marriage
 73

contract. It also allowed women to a separate residence if their husband marries a new
wife. Women are also given equal rights when they retire.
(Look at Family Law in Bahrain PDF for further information)

NGOs (Non-governmental Organizations)

The first women society was established in 1955 in the aim of defending rights for women
in Bahraini society, now there are 19 NGOs which focuses on Women’s rights, and 12 of
those 19 are part of Bahrain Women Union which aims to empower women to be more
active politically, economically and socially and fights all forms of gender discrimination.
Also, the Supreme Council of Women has been empowering women politically,
economically, and socially since its establishment in 2001.
According to Article 3 of the (ICESCR), all countries should ensure equal rights of men and
women to the enjoyment of economic, social and cultural rights. This is also stated in
Article 1 and 2 in the convention of the International Labour Organization, Number 100.

4. Women's Rights and obligations in CSB

Women's Rights during maternity leave

According to the Executive regulations, Article 31 in the CSB Law

stipulates that the female employee is given a maternity leave for
sixty days which starts from the first day of delivery registered in the
medical certificate. Upon her request the female employee may
obtain maternity leave fifteen days prior to her delivery.

The female employee has a breastfeeding leave, the duration of such leave is for two hours
daily until her child reaches the age of two. Additionally, this female employee can be granted
a leave without pay to care for her child whose age does not exceed six years for a period
 74

which does not exceed two years and such period should be recorded three times throughout
her employment service.

In 2014, 2 paragraphs were added to article (5 of law 59 2014) in relation to amendments

of Law of Welfare, Rehabilitation, and Employment of Persons with Disabilities which states
that any given person has the right to care for a disabled person for first degree of kin two paid
hours daily.

5. Women's Rights and obligations in Labour Law

(Article 29 – 36) of the Labour Law discusses the rights and obligations of women. Female
workers are subject to all the provisions governing the employment of male workers without
discrimination on similar situations.
The Minister of Labour and Social Development shall issue a decision determining the cases,
work, and occasions that women may not be employed at night, and the types of work in
which employment of women are prohibited.

Maternity 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.
 75

The female worker can get an unpaid leave for taking care of her
child not exceeding six years of age, for a maximum six months each time, and for a three time
throughout the period of her service. The female worker can get after finishing her maternity
leave and until her child reaches six months of age to two breast feeding periods for not less
than one hour each. The female worker shall also be entitled to two period of half an hour to
provide care for her child until her child reaches one year of age. The employer employing
women should post in the work place a copy of the rules and regulations governing the
employment of female worker.

Is it prohibited to dismiss or terminate a female worker contract during her maternity &
marriage leave?

The employer is prohibited to dismiss or terminate the Labour contract of the female worker
because of marriage or during maternity leave.

6. Similarities between the two sectors

By scrutinizing the Civil Service Bureau and Labour Law, it can be seen these Laws have given
Bahraini women worker in both public and private sectors important rights for women in the
working place and the protection of the Law.

The Labour Law for example, gives sixty days paid maternity leave and also, it gives female worker unpaid
leave to care for her child who is not more than six years of age. Similarly, CSB Law gives her unpaid leave
for a maximum of two years once and three times during her employment service.
Another comparison between the two laws that women in public sectors are given two hours of
breastfeeding paid leave up to two years of age. But the female worker who works in private sector is
given two hours of breastfeeding leave up to the six months of age, and after the six months she only can
take one hour of sucking leave up to one year of age.
 76

7. Case Study

Case Study

A woman that has been working for a private company for more than ten years
was arbitrary dismissed by her employer while she was on maternity leave.
The woman was working as an executive secretary for the purchasing manager,
her performance and appraisal has been excellent ever since she joined the
company.
She received her legal notice of thirty days while she was on her maternity leave.
The company claimed that because of COVID-19 and its aftermath, which has
affected the company financial position, the company decided to reduce its
Labour force to the minimum.
After receiving her dismissal letter, she decided to sue the company for the
arbitrary and unfair dismissal especially that there are still six months remaining
of her contract.
She contacted her lawyer and requested her to start the legal procedures against
the company.

Kindly form a group of 5 students and select a group leader to represent each group to report
your answers to the class

Answer the following Questions

1- According to the case study what are the relevant articles of the Bahraini Labour Law?

2- What are the procedures that must be taken from the employee side? And what are the
claims that the female worker is going to ask for?

3- Do you identify this case is an arbitrary dismissal and why?

4- Why did the employer terminate the female worker contract in your opinion regardless that
company decided to reduce its labour force to the minimum?

5- Do u expect the judgment of the court will be for the interest of the women or the
company? Explain.
 77

Session Six

. Introduction

What are Children Rights?

The human rights of children are known as child rights. Every child has rights, regardless of
age, ethnicity, gender, wealth, or birthplace.

Children rights are embodied in the International Law in

the Convention on the Rights of the Child (CRC). It recognizes the
need of treating all children fairly, equally, and with dignity.
The legislation enacted under the Child Rights Convention are
nondiscriminatory and always act in the best interests of the child.
Because children are considered among the vulnerable groups such
as women and disabled persons, the UN's child rights treaties say
that they are entitled to specific protection and assistance. All
children should grow up in a spirit of peace, dignity, tolerance,
freedom, equality, and solidarity, according to the CRC, and all
governments around the world are obligated to guarantee these
rights under UN conventions.

Here is a short video on the Rights of Children and its History,

watch the video to get a better overview on Children's Rights.

2. History of Children’s Rights

How did the United Nation Convention define a Child?

 78

The United Nations (UN) children's rights convention recognizes and defines a child as any
human being under the age of 18 unless adulthood is acquired earlier under the law applicable
to the child.

Following the catastrophic, psychological and physical effects of twentieth-century world wars on
children, the United Nations (UN) concluded that children's human rights required special protection.
Following World War I, the League of Nations (later to become the United Nations) created the Universal
Declaration of Human Rights in 1948, which covered the rights to life, food, shelter, education, freedom of
expression, religion, justice, and peace.
Recognizing the vulnerability of children, the United Nations agreed to approve the Geneva Declaration
on Children's Rights. With only five sentences long, this proclamation was concise, but it presented a list
of obligations for children who were deemed vulnerable.
The Declaration on the Rights of the Child was adopted by the United Nations General Assembly after
World War II. This proclamation set the way for the United Nations Convention on the Rights of the Child
to be adopted in 1989, making it the first legally enforceable international document to defend children's
rights.

2. History of Children’s Rights

2.1. International Covenant on Civil & Political Rights
 79

The Convention of the Rights of the Children is the most generally ratified human rights
document in history. In 54 articles, it lays out children's rights and is guided by four beliefs:

1. Discrimination against children is unacceptable (Article 2).

2. The best interests of children should be the primary consideration in all

decisions affecting them (Article 3).

3. Children have the right to live and develop in a healthy environment (Article 6).

4. Children have the right to have their opinions heard on issues that affect
them (Article 12).

The following video introduces the United Nations Conventions on the Rights of the Child

3. Children Rights Around the World

Hundreds of millions of children around the world are denied their dignity, freedom, future,
and childhood.
According to the International Labour Organization (ILO), 218 million children worldwide
work as child laborers. These children are denied the opportunity to attend school, play with
their peers, or receive the nutrition and attention they require to have a healthy and happy
life. They are instead obliged to work long hours for little pay.
Many children are exploited as a result of hazardous industries and exploitative behaviors
such as slavery, drug trafficking, and armed combat. These surroundings have a negative
 80

impact on a kid's health and development, and these can deprive a child of his or her rights to
life, protection, and education.

Play Video

Watch the videos which explains the convention on the

rights of children briefly

4. Children Rights General Principles

There are Four Principles of the Convention on the Rights of the Children that
will be discussed in the following themes:

4. Children Rights General Principles

4.1. Four General Principles

Non-discrimination
In all conditions, all children have the same right to reach their full potential. Every child,
regardless of gender, race, ethnicity, nationality, religion, disability, parenthood, sexual
orientation, or other status, should have equal access to education.

The best interests of the child

All decision, resolutions and legislations either taken by private or public sectors institutions
should take into consideration the best interests of the child. For example, the government
should take a primary concern of the child best interest when preparing the public budget.

The right to survival and development

 81

This principle emphasizes the critical relevance of guaranteeing children's access to basic
services and equal opportunity to reach their full potential. A child with a disability, for
example, should have adequate access to school and health care in order to reach his/her full
potential.

The views of the child

It is rational to listen to the child's voice in order to determine what is in his or her
best interests. "States parties shall provide to the child who is capable of forming his or her
own opinions the rights to express those views freely in all areas affecting the child, the child's
view being given due weight in accordance with the child's age and maturity," according to
Article 12:1. For example, should consider children before making decisions that will affect
them.

5. Children Rights in Bahrain

The Kingdom of Bahrain has ratified the Convention on the Rights of Child in 1992 and
presented several progress reports to its specialized committee. Bahrain has taken many steps
such as establishing specialized children institution (Salman Cultural Center) and programs.

These steps which are taken by Bahrain include the following:

• Creating a “Child Protection Center” to provide support for

children who are exposed to family or community abuse. These
include psychological, social, and legal services.
 82

• Introducing a 24-hour Child Helpline (998) which receives

complains related to abuse, neglect, or sexual assault.

• Establishing the Batelco Childhood Care Home that provide

accommodation, legal, educational, and recreational services to
abused children up to the age of fifteen.

• Forming a juvenile court in which held in a private location to

make it more comfortable to children and their families.

• Opening children's and youth clubs and family guidance in all

areas of the Kingdom of Bahrain.

• Formation of a National Committee for Childhood whose

members are from the public and private sector institutions. The
committee has issued an action plan of the national strategy for
childhood with its four main themes: the right to health and
survival, the right to education and capacity development, the
right to protection, and the right to participation and non-
discrimination.
 83

To ensure the protection of Children, the Kingdom of Bahrain had issued Child Law No. (37) of
2012, which has become the main reference for all laws related to children and the protection
of their rights.

6. Employment of Minors in Bahrain Labour Law

Who are Minors?

According to the Bahrain Labour Law (Article 23), a minor is

any person who is fifteen years of age but who has not reached
the age of eighteen years. Therefore, a minor should not be
employed if he did not reach the age of fifteen.

Minor Working Hours

If a minor is employed, he shall not work more than six hours

daily. Additionally, they shall not be permitted to remain in the
workplaces for more than seven consecutive hours. These
working hours should be interrupted by rest periods and meal
for a total of one hour. Additionally, the minor should not work
for a consecutive of four hours without rest periods. (Labour
Law, Article 25 & 26)

Referring back to the Labour Law, minors shall not be

employed during the night period or on weekly rest days or
official holidays.

What are the procedures before employing a Minor?

 84

According to (Article 27) of the Bahrain Labour Law, the employer should
verify the following procedures before employing the minors which are the
following:
1. The approval of the guardians of the minor.
2. The minor should do a medical examination, to ascertain his
physical fitness of exercising the work.
3. The minor should not be employed in hazardous or dangerous
works that affects his health or ethical behavior.
4. The Ministry of Labour and Social Development should be informed
by all the data that is related to the minor.

Once a minor is employed, the employer should post a copy of the provisions of the
employment of minors stating the working hours and rest periods determined by the Ministry.
Additionally, draft a statement that clarifies the names, age and work entrusted to the minors.
Finally, undergone a periodical medical examination to verify the minor physical
fitness. (Labour Law, Article 27)
Subject to the provision of the Labour Law, the Minster shall issue a decision determining any
changes to the provisions.

7. Case Study

Case Study
 85

A textile factory that produces carpets and textile products has

employed 20 children. In an investigatory visit by the inspectors of
Bahrain Ministry of Labour, it was discovered that the children’s age
is between 12 and 18.
Immediately, the inspectors started questioning the management of
the factory for this violation. The inspectors also questioned other
employees, the clients of the factory and the children.
After weeks of intensive investigation and scrutiny, the inspectors
decided to litigate the factory.

Kindly form a group of 5 students and select a group leader to represent each group to report
your answers to the class

Answer the following Questions

1- According to the case study what are the relevant articles of the Bahraini Labour Law?

2- How will the factory response for such allegations?

3- What are the immediate procedures the inspectors will take against the factory?

4- In your opinion, do you consider this as a violation of the national and international laws.
Discuss in detail.

5- What do you expect the outcome verdict of the case?

Session Seven

1. Introduction
Morals and ethics are important values in the workplace, where many employers are
concerned on how their employees behave at work.
 86

• These ethics are defined as the rules of conduct recognized in respect to a particular action in the
[Link] are defined as external constructs while Morals are internal beliefs that have
been formed by personal experience and learning.
• Ethics are classified by company practices and any given company can enforce ethical behavior in
its workplace such as don’t lie, don’t steal, don’t cheat, etc. Because morals are internal and based
on how a person was raised, it is harder to control or influence someone’s morals.

Watch the Video to get a better overview on Morals & Eiths

2. Morals & Ethics of Employees in Labour Law

Workers have to perform their duties successfully in the workplace, they are also accountable for
any action related for their work and responsibilities. Therefore, the workers have to perform their
duties with accuracy and trust as stated in their contracts.
Workers have to execute the orders and instructions of their employer if they don’t contradict with
the provisions of this law. Workers have to abide work schedule and they should apply the
procedures decided in the event of absents from work. Workers should also protect all work
equipment, record, and documents. They should respect their superiors, colleagues, and
subordinated workers.

A video on Ethics in the workplace

2. Morals & Ethics of Employees in Labour Law

2.1. Prohibited Actions & Disciplinary Penalties

What are the prohibited actions in Labour Law?

According to (Article 72), it is prohibited for the worker himself or through others to perform the
following acts:
 87

• Keep in his position any of work-related records, documents, or

papers.
• Work for a third party either with or without a wage, without the
employer’s approval.
• Borrow money from the employer’s clients. This prohibition does
not apply in borrowing from financial institutions.
• Accept any commission, gifts, reward, amounts or other things
because of preforming his duties without the approval of the
employer.
• Collect money or donations, or distribute publications, or collect
signatures, or hold meetings at the workplace without the approval
of the employer

If the nature of the work allows the worker to personally know the employer’s clients and the
secrets of his work, the two parties should agree that the worker should not compete with the
employer after the expiry of the contract.

For the validity of this agreement the following conditions are required:

1. The worker has completed 18 years of age upon the conclusion of the agreement.
2. The restrictions are limited in time to a period not exceeding one year following the
termination of the contract.

What are the disciplinary penalties imposed on employees?

If the employer has ten workers or more, he shall post a copy of the work regulations, and sanctions
in an apparent place. The disciplinary sanctions which is stipulated in (Article 75) are:

• Verbal warning

• Written notice.

• Postponement of the date of the annual bonus for a period

not exceeding three months.
 88

• Work suspension with salary deduction for a period not

exceeding one month per year and five days each time.

• Postponement of the promotion for a period not exceeding

one year.

• Dismissal from service according to the provisions of this

law.

2. Morals & Ethics of Employees in Labour Law

2.2. Expiry of Disciplinary Sanction

The disciplinary penalties can be lifted by the expiry of the following periods:

• Six month in case of written notice or verbal warning.

• One year in the cases of work suspension with salary deduction, the postponement of
the date of the annual bonus and the postponement of the promotion.

The sanctions shall be lifted if it appears that the worker’s behavior and work performance are
satisfactory.

Upon the imposition of any sanction on the worker the following should be taken in
consideration (Article 78):
• The worker should not be liable for an act that he has nothing to do with.
• Make the sanction correspond with the violation.
• The fine should not exceed a wage of five days, and the total deduction should not exceed
the wage of five days within five months.
• The worker is not accountable for a violation known to the employer for more than thirty
days, except the violations involving criminal offences.

2. Morals & Ethics of Employees in Labour Law

 89

2.3. Investigation Procedures

Can the employer impose a sanction on the worker without a notification?

According to (Article 76) of Bahrain Labour Law, the employer may not impose a sanction on
the worker without a written notification and investigation which starts from seven days of
the discovery of the violation.

If an investigation is held the following procedures are

followed:
1. The worker trade union may send a representative to
attend the investigation.
2. The employer can investigate the worker personally or
by his representative.
3. The worker should be given a written notification about
the sanctions that have been taken against him.
4. After receiving the outcome of the investigation, the
worker has the right to submit a written grievance
against the decision imposed against him within seven
working days as of the date of notification.

• If a felony or misdemeanor related to honor, trust or public ethics is

attributed to the worker the employer may temporally suspend him
until a decision from the public prosecutor.
• If the worker damages the work equipment or products, because of
negligence of the worker, he shall pay the value of the damaged
equipment. Such act should be taken after investigating the case and
the worker has proven guilty.
• The provision of the law should not prejudice the guarantees decided
by the law to the members of the Board of Directors of trade unions.

3. Morals & Ethics of Employees in CSB

 90

This session covers the morals and ethics of employees in both the Civil Service
Bureau and Labour Law. The employee should perform his duties and obligations accurately,
honestly, and with integrity and he should maintain the secrecy of his position.
Therefore,the employee should commit to the official working hours and should not leave his
work without the approval of his direct supervisor. His behaviour should comply with the
tradition and with respect to his position in the workplace. He should collaborate with all his
work colleagues, and should participate in training and improvement program to enhance his
skills and capability to perform his work successfully. Additionally, the employee should, protect
and preserve the property and assets of his work.

The following are the violations of the employees in the CSB

The employee should follow all the rules and regulations stipulated in the CSB Law. Therefore
the employee should not do the following acts:
1. Violate the rules and provisions prescribed in the regulation of government tenders
and purchases law.
2. Make a statement or declaration to the media.
3. Disclose any information related to his employment.
4. Keep any documents or files related to his work or a copy of them.
5. Exploit his job for personal reason.
6. Call or threat or participate or encourage others to hold strikes.
7. Participate in distributing publication activities.
 91

8. Exploit minors to participate in such activities.

Therefore, the employee should not accept any gift or gratuity, commission, or loans for
preforming his job, does not disseminate leaflets or publications or collect signatures in the
workplace.

The employee should not personally or through others participate in the following activities:

• Buy or sell of real or removable property that are put on sale by judicial authority.
• Conduct any commercial activities.
• To be a member of board of trusty in any shareholding company without the approval
of relevant authority.
• Has any interest in contracting work or tenders related to his positions.
• Lease land or property for the purpose of exploitation related to his position.

(Refer to the Executive Regulation, Article 34)

3. Morals & Ethics of Employees in CSB

3.1. Disciplinary Actions, Penalties & Limitation Period

Disciplinary Actions

In relation to (Civil Service Law, Article 22) which discusses disciplinary

actions, any employee that contradicts this law or its executive
regulations or ignore his duties is subject to a disciplinary action without
prejudice to criminal or civil liability, except for senior position holders.
The Prime Minster is responsible for taking disciplinary action for the
holders of senior positions.

Can an employee be exempted from a disciplinary action?

An employee is not disciplined unless an investigation has been conducted against him. The
employee may be exempted from a disciplinary action if he can prove that
the contravention has been committed in an execution of written instruction of the
employee’s supervisor.
 92

The employee may, for the purposes of investigation, be suspended from duty with pay for a
period not exceeding six months. If the employee provisionally detained in custody, he should
be suspended from duty for the period of detention. During the detention half of his salary
should be suspended and later he should be paid the rest of the salary if the employee is
proofed innocent by a court ruling.

What are the disciplinary penalties imposed on employees ?

• Oral reprimand.
• Written warning.
• Salary deduction for a period that does not exceed three months.
• Dismissal from work.

The disciplinary penalties can be deleted after the following periods have elapsed which are:

• Six months in the case of oral reprimand or a written warning.

• One year in case of salary deduction.
• When a penalty is deleted, it shall be considered non-existent and does not influence
the future of the employee’s rights and compensations.
• As a result, all the penalties should be removed from the employee’s file or service.

In relation to the limitation period in the (Civil Service Law, Article 24) the employee is not
liable for a disciplinary action after three months have passed from the date his direct
supervisor has become aware of the violation, or one year form the date of the violation itself,
 93

whichever date is earlier. However, if the violation constitutes a criminal offence, the Relevant
Authority's power to impose disciplinary penalty on an employee shall remain in force unless
criminal proceedings abate. (Refer to criminal Law Article 186 - 193)

Refer to (Article 21 - 24 of the Civil Service

Law)

3. Morals & Ethics of Employees in CSB

3.2. Control for Administrative Investigation & Discipline Actions

Article 36 of the executive regulations discusses the

administrative investigation and discipline actions if an employee breaches or contradicts the
law. Therefore, without prejudice to the provisions related to the discipline of senior
positions holders, the following controls are applicable to all employees.

All the investigations done with the employees are written except those violations that the penalty is oral warn
written reprimand. All other investigation should be conducted in writing according to the following conditions
 94

1- A community should be formed by the relevant authority consisting of a chairman and at least two
other members.
2- The chairman and members shall be expert, competent, partial, and have a high sense of integrity.
3- The position of the chairman of the committee should not be less than head of a department and his
grade and the grades of other members should be senior to the employee under investigation.
4- The chairman and members of the committee if possible, belong to the same government entity where
the employee works. The committee can seek the advice of CSB.
5- The chairman and members of the committee should not be the immediate director or supervisor of
the employee or his relative.
6- After completing the investigation, the committee submits its substantiated recommendations to the
relevant authority within ten days of the completion of the investigation based on the following:
• The investigation is abandoned for lack of evidence.
• Proposing an appropriate penalty.
7- In preparing its recommendations, the committee should take the following points into consideration
• Previous administrative action taken to deal with the offence.
• The nature and consequences of the offence attributed to the employee.
• The repetition and extent of seriousness of previous offences related to ethics.
• The increase of the penalty when the offence contains elements of content or wilful disregard of
the public authorities.
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3. Morals & Ethics of Employees in CSB

3.3. Investigation Committee Proceduers

The investigation committee should apply the following procedures (Executive Regulation,
Article 37):

• Sending a written notification to the employee for a period not exceeding fifteen days from the
date of the investigation.
• The employee is notified either personally or through registered mail in the address of his
residence. If the employee refused to sign the notification, the committee considered the
employee has been legally informed.
• The investigation shall not be conducted during the absence of the employee.
• The investigation shall start with recording employee’s name, position, grade, age, and the
summary of violations.
• The committee may call witnesses and experts, if necessary.
• After hearing the witnesses, the committee may also hear the employee’s orally or written
statement if he wishes.
• The employee may seek the assistance of whoever person the employee deems for the purpose of
making his defense before the investigation committee.
• The Investigation committee may be assisted by a clerk in order to record investigation
proceedings in serial numbers, and shall state at the beginning of the record, the date, place and
hour of commencement of investigation, name of the clerk if any and chairman and members of
committee's names, grades and Positions.
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• When the investigation is completed, the date and hour shall be stated at the bottom of the
record, and the chairman and members of the committee shall sign all investigation papers; and
employee shall also sign.
• Prosecution and defense documents shall be numbered and signed by the chairman of the
committee and shall be attached with the record.
• The Bureau shall issue required instructions to implement the provisions of this article .

3. Morals & Ethics of Employees in CSB

3.4. Disciplinary Board Process

What are the procedures of the Disciplinary Board?

All disciplinary board proceeding should be kept in the case file. The chairman
of the disciplinary board shall determine the date for the disciplinary
proceeding. The board should notify the employee on the date of starting the
council.
It is essential that employee should appear personally before the disciplinary
board and he can be assisted in preparing his defence. The disciplinary board
can be also assisted by experience personnel.

After the completion of the hearing, the disciplinary board should issue its substantiated
written decision within sixty days from the date of its information which includes an accurate
statement of the acts attributed to the employee.

Refer to (Article 38 of the Executive

Regulation)

4. Case Study

Case Study
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Two employees in one of the government entities have taken

a bribe (first offence) of around BD 2000 from a client in order to win
a contract to carry on some electrical work on its premises.
One of their supervisors found out about the bribe, so he immediately
informed the chairman of the department.
On his part the chairman called on the two employees and asked
them about the case, but they denied any wrong doings. They said
that they did not take any money from the client.
In order to clear the situation, the chairman formed an investigation
committee to investigate the case.

Kindly form a group of 5 students and select a group leader to represent each
group to report your answers to the class

Answer the following Questions

1- According to the case study what are the relevant articles of the Civil Service Bureau Law?

2-According to the CSB Law what are the controls of forming an investigation committee? And
what are the procedures followed by the investigation committee ?

3- Do you agree with the chairman's action of forming an investigation committee? Discuss in
details.

4- Do you expect the investigation committee will summon the client as part of their
investigation? Give reasons for your answer if you choose yes or no.

5- If the investigation committee decision is to criminalize the two employees, will they refer
them to the public prosecutor or punish them according to the CSB Law? Explain in details.

Session Eight

1. Introduction
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How do work injury and occupational diseases are related to work environment?

The injury or disease is considered as the employer

responsibility if it occurs during carrying out the interest
of the employer in the workplace. Therefore, the
employer bears the responsibility for medical
conditions of employment.

What is work injury?

The work injury stated in the Civil Service Bureau and Labour
Law means that any injury that occurred while the employee
is conducting his work on the employer premises.
The following situations are considered injuries:
• Specific incidents at work causing injury such as (fall at
work), this is the most common injury.
• A series of repetitive actions resulting in a disability.
• A pre-existing condition that has been aggravated by
work such as Asthma.

What is occupational disease?

Any illness associated with a particular occupation or industry. Such diseases result from a variety of
biological, chemical, physical, and psychological factors that are present in the work environment or
are otherwise encountered in the course of employment.
The following conditions are considered occupational disease:
• Tuberculosis and Hepatitis, Covid-19 for nurses and related professional who are exposed to
these diseases.
• Diseases of the heart and lungs for firemen who have been serving for more than five years.
• Specific type of chemical poisoning for occupations that involve direct contact with such
materials.
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2. Civil Service Bureau

In the Executive Regulation, Article 16 of the CSB Law discusses health care, occupational
health, and safety. The CSB formulates social and health care system as well as occupational
health and safety system in the governmental entities.

How to report my work injury?

2. Civil Service Bureau

2.1. Medical Care Systems

The Civil Service Bureau has formulated two medical

care systems in order to ensure the medical care of the employee which are the following:

Social and health care system

• The types of health, cultural, social system.

• Determine the types of programs and health, cultural, social programs presented for employees in
governmental entities.
• Determine the regulations related to health care, cultural, social services for employees in
governmental entities.
• Identify the positions that require a regular medical checkup and develop a mechanism to discover
early diseases including their preventive actions.
• The formation of health and social care committees in the government entities and specify their
functions.
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• The system should develop techniques that are related to the occupational diseases, prevented
actions and compensation for such diseases.

Occupational health and safety system controls

• It covers administrative measures for occupational health and safety including policy, organizing,
planning and implementation.
• Mechanism for ensuring compliance with occupational health and safety legislation and
regulations.
• The criteria for establishing occupational health and safety committees, including measures to deal
with emergency and accidents.
• A mechanism and the collection of data on occupational injuries and diseases and analyzing it in
accordance with the requirements of the Social Insurance System.
• Mechanism for encouraging and motivating the governmental entities and their employees to
improve their occupational health and safety at their workplace.
• Formulate an occupation health and safety program.

2. Civil Service Bureau

2.2. Law of Social Insurance

With reference to the Law of Social Insurance, the

social insurance against the employment injuries are financed by the 3% monthly contributions
of employees' salaries and profit from the investments of the contributions.

The General Organization of Social Insurance provides medical care to the

insured in the event of employment injury which includes the following:
 101

• The services of general family doctors, consultant, and medical aids.

• Dental services.
• Diagnostic examinations of any kind or nature.
• Admission of the injured workers to hospitals.
• Provisions of medicines and the required medical materials.
• Provision of artificial limbs, and the like including eyeglasses.

2. Civil Service Bureau

2.3. Compensation for Employment Injury

If the employment injury led

If the employment injury is equivalent to or
If the employment injury is less than to a permanent total
in excess of 30% of the total permanent
30% of the total permanent disability disability or death of the
disability
employee

In relation to the compensation and

pension for employment injury which is According to (Law of Social Insurance,
Article 56) in relation to permanent partial The insured shall be entitled
less than 30% of permanent
disability resulting from an employment to a monthly pension
total disability, the injured is entitled to
injury which is equivalent to or in excess of equivalent to 80% of his wage,
receive lump sum injury compensation
30% but less than the total permanent subject to the contribution.
equal to thirty-six times the monthly
pension for permanent partial disability. disability, the injured is entitled to receive
 102

monthly pension equal to the percentage of

the disability.

The employer is not allowed to terminate the

employment of the worker as a result or partial disability.

3. Labour Law
The provisions of the compensation for work injury and occupational diseases apply to workers
not subject to the Law of Social Insurance.

What are the procedures of work injury?

• The employer must inform the police station, located within

the jurisdiction of the place of the accident, if one of the workers
is dead or sustain an injury as a result of an accident of his work.
The employer should also inform the Ministry of Labour and
Ministry of Health within twenty-four hours of his awareness of
the accident.
• The injured worker has the right of treatment in the government
health centers or elsewhere. In this case, the employer bares the
complete cost of the treatment including a medicine, expenses of
transportation, rehabilitation, and the cost of any
necessary prosthetics (limbs) as decided by the treating
physicians.

Medical Committee decisions on disagreements related to the cost of the injured worker
treatment

If any disagreement related to the cost of the injured worker treatment, a medical committee
determines the cost. As stated in the (Labour Law, article 89) the minister of health will issue a
resolution to form a specialized medical committee with the agreement of the minister of labour,
this committee may decide the following:

1. Whether the worker suffers from an occupation disease or not.

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2. The percentage of the disability of the injured worker.

3. The completion of the injured worker treatment.
4. Determine the duration and cost of the worker treatment.
5. The worker has the right to submit a grievance against any decision issued by this committee
before the appellate medical committee within fifteen days from the date on which he was
notified about this decision in writing.
6. The Minister of Health with agreement with the Minister of Labour issues a resolution to
form appellate medical committee specializing in looking into the grievances of the injured
worker.

Refer to (Article 88 & 89 of the

Bahrain Labour Law)

3. Labour Law
3.1. Wages, Compensation & Death of work injury

Wages & Compensation

• The injured worker should receive his wages during

his treatment.
• If this duration exceeded six months, the employer
has to pay half of his wages until recovery or proven
that he is unable to continue his work.
• The injured worker has the right for compensation
according to a table which is issued by the minister of
labour.

Does the worker receive compensation if it was his fault?

The provisions of (Article 87 & 92) of this law shall not apply in any of the
following cases:

• When the worker injured himself deliberately.

• If the accident happened because of alcohol or drugs.
• When the worker violates the employers' instructions related to health and
occupational safety.
 104

Death in case of a work injury

In case of the death of the worker because of work injury, the compensation is divided over his
heirs according to Shariaa inheritance rule, look at (Labour Law, Article 94).

Refer to (Labour Law Article 85 -

95)

3. Labour Law
3.2. Work Hazards

The employer is committed to provide the means of safety and occupational health to prevent
work hazards, specifically the following hazards as in (Article 166):

1. Mechanical hazards, because of a collision or contact between the

worker’s body and solids object such as in the constructions and building
work. This also includes collapse and fall hazards arising from devises and
machines.
2. Hazards resulted from chemical materials, such as handling solid, liquid,
and gas.
3. Natural hazards affected the safety of workers such as high temperature,
radiations, noises, and earthquakes.
4. Hazards resulted because of the absence of security, safety, rescue and
first aid apparatus.
5. Hazards because of fire, electricity or lighting.
 105

All the instructions should be displayed in an apparent location in the workplace. All industrial
establishment should have assessments and analysis of expected hazards and industrial
disasters. They should also prepare an emergency plan and test the effectiveness of such plan.

Employer Duty

The employer should notify the worker on work hazards and the means of prevention, provide
him with personal prevention means and train him on using them. The employer should not
charge the worker on any expenses or deduct from his salary any amounts for providing these
protection means.

According to (Article 171), the employer must do the following:

1. Conduct an initial medical check-up on the worker before joining work to ascertain his
health, physical, mental and moral safety and fitness in line with job entrusted in him.
2. Conduct a periodical medical examination to those workers who are exposed to
occupational diseases.
3. Provide first aid and treat emergency cases.
4. Prepare a medical file for each worker.
5. The employer should provide basic health care for all his employees.

Worker Duty

The workers must use these safety and occupational health means and protect themselves
against damage.

3. Labour Law
3.3. Ministry of Labour Process

Ministry of Labour shall do the following procedures to ensure the safety & health of the
worker
 106

• Create a section called “The Authority of Occupation Safety and Health Inspection”.
This authority should be formed of sufficient number of qualified inspectors.
• The Authority of Occupation Safety and Health Inspection should be provided with all
necessary means to conduct its work.
• Organize qualitative and specialized training programs to improve the efficiency of the
inspectors in this authority.

What are the duties conducted by the The Authority of Occupation Safety and Health Inspection (AOSHI)

1. Conduct the necessary medical examinations on workers to determine the adequacy of work conditions
and its influence on the health standers of workers.
2. Take samples of the substances used in industrial operations to check whether they are dangerous on
workers’ health.
3. Use the necessary equipment to analyze the causes of occupational accidents.
4. Follow up the results of administrative and technical reports about serious accidents and their causes.
5. Pursue the emergency plan and hazards analysis of the establishment.
6. AOSHI should prepare an annual report covering all the inspection work which was carried out during
the year.

3. Labour Law
3.4. Occupational Safety & Health Council
Article 175 talks about establishing a Council for occupational
Bahrain Chamber of safety and health to follow up the implantation of general
Commerce & Industry policies related to occupation safety and health. This Council is
chaired by the minister and includes several members
representing related administrative authorities, Bahrain Chamber of Commerce and Industry,
General Federation of Bahrain Workers Union, and experts in occupational safety and health
and work environment.
 107

Any establishment employing 50 workers or more should provide its worker with the
necessary social and cultural services in agreement with the Trade Union if any or the
workers’ representatives.

4. Case Study

Case Study

One of the workers in an industrial company was exposed

to radiation which resulted in having Leukemia.
The industrial company rejected his claim stating that his
cancer is not related to the nature of his work. They added
that the company is not responsible for his case.
However, the worker and his lawyer insisted that the radiation
in his workplace is the direct cause of the worker’s disease.
Therefore, they have taken a legal action against the company
to admit responsibility for medical treatment and
compensation.

Kindly form a group of 5 students and select a group leader to represent each group to report
your answers to the class

Answer the following Questions

1- Identify the related articles to the above case in the Bahrain Labour Law?

2- What are the specific articles of the Bahrain Labour Law which discuss the injured worker
right?

3- Do you agree with the worker and his lawyer to file a case against the company? Give your
own reasons.

4- What do you expect the outcomes of this case? Discuss in detail.

1-
 108

Session Nine

1. What is a contract?

It is important to have a business written contract between the employer and worker. The
elements of the contracts include an offer, acceptance, and intention to create a legal
relationship and a consideration, which is in this case wage to be paid by the employer to the
worker. Contracts normally don’t have a specific format to be followed, however, it includes
terms and conditions that forms the basis of an agreement. It is important that all these terms
and conditions of the contract are clearly defined and stated.

What is a contract?

Play Video

What are the items included in the contract?

The following items are normally included in the contracts which are the parties to the
contracts, duration of the contract, a definition of key terms of the contract, paying dates and
details, damages, or penalties provisions, and termination conditions of the contract.

What are the procedures before signing a contract?

 109

It is essential for the worker to do the following before signing a contract, read every word
including the fine print, ensure that it reflects the terms and conditions that have been
negotiated, seek legal advice, allow plenty of time to consider and understand the contract
make sure that you and the other party initial any changed to the contract and finally obtain a
copy of the signed contract for your records.

When does a contract end?

Most of the contracts end once the work is complete and payment has been made. The parties
can also end the contract before the work is completed after a mutual agreement, because of
some circumstances outside the parties control. In case that one of the parties does not abide
with the terms and conditions of the contract, the other party has the right to terminate the
contract and seek compensation.

2. Expiry of Contract in Civil Service Bureau

The employee is considered resigned if he is absent

for consecutive fifteen days or a total period of thirty days for one year. The employee shall
receive a written warning after five days of continuous absence and after twenty days of
cumulative absence without permission, but if the employee submits a written prove of
absence and is accepted by the relevant authority; his absence can be considered as a sick leave
or leave if the employee has enough balance of such leave (Civil Service Law, Article 25-28).

The video explains the termination of a contract, kindly watch it to get a better overview

2. Expiry of Contract in Civil Service Bureau

2.1. Reasons of termination in the CSB
 110

Reasons for terminating employees contract

According to the CSB, the employee’s service may be terminated for the following reasons:
1. Reaching the retirement age.
2. Entitlement of early retirement.
3. Medical reason.
4. Resignation.
5. Relinquishing Bahraini citizenship.
6. Finial judgement of dishonorable crime.
7. Dismissal of service either with a disciplinary decision or accordance with judicial ruling.
8. Abolish of position.
9. End of contract period and death of the employee.

Age termination

The service of the employee is terminated when he reaches sixty years of age. The relevant
authority should inform the employee six months before the employee reaches the
retirement age. If the the employee seeks early retirement, he should first get the approval
of the relevant authority.

2. Expiry of Contract in Civil Service Bureau

2.2. Employee Resignation

Employee Resignation

The employee can resign by only submitting a written resignation letter, the service of the
employee ends by a decision after accepting the resignation. It should be settled within thirty
days after submitting the resignation letter. From its side, the relevant authority has the right
to postpone accepting the resignation if it affects the normal flow work with a period not
exceeding three months.
 111

The employee should continue working until a decision has been taken to accept his resignation. In case
if the employee is under investigation, his resignation shall not be accepted until a final decision of the
investigation is reached to terminate his service.

3. Expiry of Labour Contract

As stipulated in the Labour Law, Article 99, both parties can terminate the contract by giving a
notification of at least thirty days before the termination of the contract. It must be a written
notification given by the other party or his representatives and receiving a registered letter with
an acknowledgement of receipt. The worker should be given a compensation for terminating
his contract unless there is a legitimate of determination. The employer should not terminate
the contract if the worker is on leave.

Arbitrary Dismissal

The termination by the employer of the Labour contract is considered an arbitrary dismissal based on the
following conditions stipulated in (Article 104):

1. The worker sex, color, religion, ideology, marital status, family responsibilities, or the female
worker pregnancy, delivery of a child, or Brest feeding.
2. If the worker is a member of a Trade Union.
3. Represent workers in a Trade Union.
4. If the worker submits a complaint against the employer unless it is vexatious.
5. If the worker exercises the right to take leave in accordance with the provisions of this law.
6. The confiscation of the worker entitlement with the employer.

3. Expiry of Labour Contract

 112

3.1. Reasons of terminating the contract

Reasons for terminating worker contract

The employer may terminate the work contract if the company

has been fully closed or there is a reduction of work. The
termination will be valid after notifying the ministry thirty days
prior to such termination.
If the employer terminates the indefinite work contract with
the first three months of starting work, the worker does not
deserve any compensation unless the termination is considered
as an arbitrary dismissal as stated in (Article 104 & 105).

Reasons of terminating the contract without prior notice

The employer may terminate the work contract without The worker may also terminate his work contract without
prior notification or compensation in the following cases: prior notice in the following two cases:

1. If the worker presents a false identity and

presenting fraud certificates and
recommendations.
2. If the worker commits an error which has resulted
in a large material loss in the condition that the
employer should inform the relative authority
within two days of the incident. 1. If the employer or his representative assaults the
worker whether verbally or prevented by the law
3. The worker has ignored his duties and security
during or as a result of the work.
instructions after receiving a written warning.
2. If the employer or his representatives commits an
4. The absence of the worker for more than twenty
unethical act against the worker or his family.
days nonconsecutive or for more than ten
consecutive days. In both cases such termination of contract is considered
arbitrary dismissal refer to (Article 104).
5. If the worker discloses any secrets related to work.
6. If a final judgement has been issued against the
worker on a dishonorable crime if the worker
assaults his employer or direct supervisor.

Look at (Labour Law, article 107) for more

information
 113

The worker may also terminate the contract and he shall only be bound to compensate the
employer in the following cases:

1. If the employer is not able to find a replacement.

2. If the termination was intended to cause damages to the employer.

3. Expiry of Labour Contract

3.2. Validity of the contract

The employer can terminate the work contract without

compensation if the employee reaches the age of sixty unless it has been agreed upon.
Additionally, the employer may not terminate the work contract due to the worker's sickness
unless the worker has used all his sick and annual leaves. On the other hand, the employer
should inform the worker about his wishes to terminate the contract fifteen days before the
worker has exhausted all his leaves.

Validity of contract in case of the death of both parties

In case of the death of the worker In case of the death of the employer

In case of the death of the worker during the validity The contract cannot be terminated upon the death
of the contract, the employer may pay the family of of the employer unless the contract is signed for a
the worker a salary of two months if the deceased reason related to the employer’s person and as a
worker has been employed for a period of at least result all the activities are stopped because of his
one year. death.

The unregistered worker in the Social Insurance Law is entitled to a reward of half a salary for
every working year during the first three years, and one month salary for the later years upon
 114

the termination of his contract. In addition, the work contract is terminated due to the
worker’s total disability to perform his work.

3. Expiry of Labour Contract

3.3. Case Study

Case Study

A worker who had a 2-year contract, was dismissed by his employer after
6 months of service. It was found out that the reason of the dismissal was
that the worker belongs to a Hinduism religion.
The worker is entitled to receive a compensation for the remaining period
of his contract, but the employer refused to do so. Therefore, the lawyer
of the worker filed a case against the employer in the Labour court.
It seems that the dismissal contradicts with Bahrain International Human
Rights Obligation and with the International Convention of Human Rights
such as the International Covenant for Civil and Political Rights,
International Covenant for Economic, Social, and Cultural Rights. It also
contradicts with the UN convention on the elimination of all forms of
racial discrimination, and with the ILO’s convention Number 111 on
discrimination.

Kindly form a group of 5 students and select a group leader to represent each group to report
your answers to the class

Answer the following Questions

1- According to the case study, what are the relevant articles of the Bahraini Labour Law?

2- Discuss the case in relation to International Law especially in the ICCPR and ICESCR
conventions.

3- Do you expect the judgement of the court will be for the interest of the worker or the
Company? And what are the claims that the worker is going to ask for? Explain thoroughly.

4- Do you prefer an in-court or out of court settlement and why? Discuss in detail.