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Order No (1) of 2014 With Regard to Regulating Permits of Recruitment Offices

Source: Labour Market Regulatory Authority Management

Chairman of Labour Market Regulatory Authority:

Having reviewed Law No. (19) of 2006 Concerning the Regulation of Labour Market, as amended, particularly Articles (28) and (29) thereof;
Labour Law for the Private Sector, promulgated by Law No. (36) of 2012;
Legislative Decree No. (27) of 2011 Concerning the Reformation of the Board of Directors of Labour Market Regulatory Authority; and
Following consultation with the public and concerned authorities; and
Upon submission by the Chief Executive Officer of the Labour Market Regulatory Authority; and
With the approval of the Board of Directors of Labour Market Regulatory Authority

Orders as follows:

Article (1):

In implementing the provisions of this Order, the following words and phrases shall have the meanings shown in front of each, unless the context requires otherwise:


Kingdom: Kingdom of Bahrain.
Law: Law No. (19) of 2006 concerning the regulation of labour market.
Authority: Labour Market Regulatory Authority.
Board of Directors/Board: the Board of Directors of Labour Market Regulatory Authority.
Chief Executive Officer: the chief executive officer, appointed according to the provisions of Article (11) of the Law No. (19) of 2006 concerning the regulation of labour market.
Recruitment Office: the office which undertakes the responsibility of searching a suitable worker for an employer, and facilitates the conclusion of an employment contract between the two parties.
Licensee: Employment office.
Employer: Every natural or juristic person who employs one or more workers to perform a certain job in the Kingdom for a wage of any kind, fixed or variable cash or in kind, including any government authority, institution, public entity, company, office, enterprise or other private sector entities.
Worker: Every natural person who works for a wage of any kind, fixed or variable cash or in kind, for an employer and under his direction or supervision.
Work Permit or Permit: a permit issued by the Authority according to the provisions of Law No. (19) of 2006 Concerning the Regulation of Labour Market, for an employer hiring a foreign worker, appointed according to the terms and conditions specified in the permit.

Article (2):

The following are required to grant a permit for a recruitment office:

  1. Must be a Bahraini citizen or a juristic person fully owned by him.
  2. Must be registered in the Commercial Registry.
  3. Must settle all the dues and fees of the Authority.
  4. The applicant, licensee or employer should not have breached any of the fundamental obligations that are imposed by the of Labor Market Regulation Law and the regulations, rules or orders issued in implementation thereof.
  5. There should be no recruitment office permit has been previously issued to the applicant that was canceled in accordance with the provisions of the Law.
  6. It should not be proved that the licensee has ceased practicing his activity, or closed his activity or changed the headquarters for practicing the activity, in violation of the provisions of the Law and the existing orders in this regard.
  7. Must provide a good conduct certificate proving that he has not been convicted in a crime, felony or misdemeanor affecting his honor or honesty unless he has been rehabilitated. This also applies to the owners of juristic person.
  8. Payment of the adjudged fines under final judgements in accordance with the Labour Market Regulatory Law.
  9. Must present evidences of organizing his work, including samples of documents and contracts that will be used in carrying out his activity to be ratified by the Authority.
  10. To deposit the sum of BD.10,000/- as a guarantee deposit with the Authority.

Article (3):

a.The applicant or his representative shall submit the application for obtaining permit for recruitment office to the Authority on the form for this purpose or in an electronic form.
b.The application for obtaining permit for recruitment office shall contain all the data and information specified on the foregoing form, and also those provided in Article (2) of this Order.

Article (4):

a.The Authority shall examine the application for recruitment office permit to ensure fulfillment of all data, information and the terms and conditions stated in the form for this purpose, and also compliance with the terms stipulated in Article (2) of this Order.
b.The Authority shall issue its decision with its preliminary consent in writing on the application, confirming fulfillment of all the data, information, documents and availability of the required terms for its issuance.
c.The Authority shall issue the permit after the applicant provides a certificate evidencing his registration in the Commercial Registry.
d.The permit is personal and may not be assigned to third parties except in the event of death, whereupon it devolves to the heirs or their attorney.
 

The applicant, in case of declining his application to grant him the permit may appeal against this decision to the Chief Executive Officer in accordance with the provisions of Article (33) of the Law.
In all cases, the licensee must be notified of the decision issued regarding the permit, and this notification may be sent in an electronic form or by registered mail with acknowledgment of receipt.

Article (5):

The licensee undertakes as follows:

  1. To practice the activity at the headquarters of the licensee mentioned in the permit.
  2. To register and update his information and contract samples that are approved by the Authority continuously and regularly in his database as per the Authority’s valid regulations in this respect.
  3. To establish a regular register proving that the recruiting contracts which the licensee facilitated among the workers and the employers are matching the models adopted by the Authority.
  4. To establish a regular register proving that the contracts which are concluded with each employer with regard to providing him with a suitable worker upon his request, are matching the models adopted by the Authority.
  5. To notify the Authority immediately in the event of liquidating his activity, declaration of his bankruptcy or striking out his entry in the Commercial Registry.
  6. The contracts concluded with employers to search for an appropriate worker for them and facilitating the conclusion of employment contract with the worker.
  7. Validity of the information and data transmitted between the worker and the employer while facilitating the conclusion of the employment contract between them.

Article (6):

The licensee who facilitates the conclusion of employment contracts between female domestic workers and alike and the employers, must provide a suitable temporary accommodation which shall be under the escort and supervision of a female supervisor, provided that it commensurate with the office’s size until they move to the allocated accommodation by their employers, or that is agreed upon, as the case maybe.

Article (7):

The Validity of the Recruitment Office permit is for one year from the date of payment due fees, and may be renewed for a period or other similar periods in the same prevailing procedures on the request of the permit and conditions stipulated in this order, according to an application submitted by the licensee prior to the expiration of the validity of the permit within a period not exceeding sixty days and not less than thirty days.

Article (8):

a.The permit for recruitment office shall expire with the expiry of its original or renewed period, as the case maybe.
b.
The permit for recruitment office shall be canceled before the expiry of its period at any of the following events:
  1. If it is proved that the licensee has obtained the permit based on false documents or information.
  2. If the licensee has lost one or more of the conditions required for granting the permit.
  3. If a final criminal judgment is passed against the licensee, involving a criminal punishment in a crime that affects honour or integrity.
  4. If the licensee dies if he had no heirs, or his business was liquidated, or declared bankrupt or his entry in the Commercial Registry was deleted.
  5. If the licensee requests to cancel the permit in writing.

With the exception of cancellation of the permit as per the licensee's request, the Authority must notify the licensee of its intention to revoke the permit and the reasons therefor, with specifying a deadline to respond to the contents of notice of not less than one month from the date of receipt of the notice by the licensee. If the Authority finds, after studying the reply, that cancellation must take place, the Authority shall issue a decision in this regard, and the licensee shall be notified of the same accordingly.

Notices and replies stated in the preceding paragraph may be sent by mail or email.

The concerned parties may submit a grievance regarding the cancellation of the permit to the Chief Executive Officer in accordance with the provisions of Article (33) of the Law.

Article (9):

The Authority may dispose of the deposit amount deposited with it in accordance with this Order to compensate employers for non-compliance by the licensee with the contracts entered into with them to also to cover the amounts in arrears of the Authority dues and fines imposed against him in accordance with the provisions of the Law.

Article (10):

The Ministry of Labour shall monitor the procedures of recruitment of Bahraini citizens, which are carried out by the licensee in accordance with the provisions of Labor Law for the Private Sector No. (36) of the 2012.

Article (11):

The existing recruitment offices, once this order is issued, shall arrange their status in accordance with its provisions within six months from the date this Order comes into force.

Article (12):

The Authority’s Chief Executive Officer shall implement this Order which shall come into force on the date following its publication in the Official Gazette.

Chairman of Labour Market Regulatory Authority
Jameel Bin Mahammed Ali Humaidan

Issued on:
8 Rebye Al Awwal 1435 Hijra
Corresponding to 9 January 2014.

Last Update: Tuesday 11 March 2014