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Wages

Title VI
Wages
Article 37

The worker’s wage shall be determined in accordance with the individual or collective labour contract or the work regulations at the establishment. In case the wage is not determined in such manners,the worker shall be entitled to a wage calculated for the work performed of the same nature if any.

Where no such wage exists, it shall be calculated in accordance with the business practiceretained in the occupation in the relevant sector. If no such practices exist, the competent court shall estimate the wage due to the worker in accordance with the requirements ofequity.

This method shall be retained in determining the type of the service to be performed by the worker.


Article 38

Wages may be calculated by the hour, day, week, month, on a piece-rate or per production.
Wages shall not be deemed to be calculated on a piece-work or production basis unless expressly specified in the labour contract.


Article 39

12 Discrimination in wages based on sex, origin, language, religion or ideology shall be prohibited.


Article 40

a- Wages and other amounts due to the worker shall be paid in the Bahraini currency and an agreement may be concluded for their payment in a legal tender currency;

b- Wages shall be paid on one of the working days at the workplace, subject to the following:

  1. b- Wages shall be paid on one of the working days at the workplace, subject to the following:
  2. If the wage is paid per production and the work required a period exceeding two weeks, the worker shall receive each week an advance payment in accordance with the completed work, provided the remaining amount is paid during the week following the completion of the entrusted work;
  3. The workers’ wages in cases other than those mentioned in the two previous paragraphs shall be paid once each week at most, unless otherwise agreed upon;
  4. Upon termination of employment, a worker shall be immediately paid his wages and all of the amounts due to him. However, should he terminate his employment of his own accord, the employer is required in this event to pay the worker’s wage and all of his entitlements within a period not exceeding seven days as of the date on which the worker left his work.

c- Subject to the provision of the previous paragraph, if the employer shows delay in the disbursement of the worker’s wage, said employer shall pay to the worker an annual compensation equivalent to 6% of the wage in respect of which a delay was shown during six months or less as of the date of payment of the wage. This rate shall be subject to a 1% increase for each month of delay after said period without exceeding 12% of the wage per year.


Article 41

The employer shall not transfer a worker employed on monthly basis to a worker employed on a daily, weekly, piece-work or hourly basis, without the worker’s written consent and without prejudice in this case to all of his rights acquired during the period in which he received a monthly wage in accordance with the provisions of this Law.


Article 42

The employer shall not force the worker to purchase foodstuffs, goods or services from specified establishments owned by him or by a third party or which are produced or offered by the employer.


Article 43

When a worker shows up at the workplace during the specified work period showing readiness to exercise his work during the said period and is prevented from doing do so for reasons attributed to the employer, he shall be deemed as having effectively worked and shall be entitled to his full wage.

However, if the worker showed up at the workplace and was prevented from executing his work for reasons of force majeure beyond the employer’s control, the worker shall be entitled to half his wage.


Article 44

a- An employer shall not deduct more than ten percent of the worker’s wage in repayment of any amounts loaned to the worker during the validity period of the contract. The employer shall not charge any interest for such loans. This provision shall be applicable to wages paid in advance.

However, with respect to loans granted for building houses, such deduction from the wage may be increased to a proportion which shall not exceed 25% of the wage, subject to the worker’s written consent in this respect.

b- The employer may make the worker bear the real administrative expenses incurred on the loan, and the payment of said expenses shall be subject to the rules retained for the payment of the loan.

c- If a worker leaves his work before repayment of the loan owed by him, the employer shall be entitled tocarry out the off-setting between the amounts borrowed by the worker against the sums due to him by the employer.


Article 45

The wage due to the worker may not be attached and no portion of it may be assigned or deducted as payment of a debt except to the extent of 25%. This proportion may be increased to 50% for the payment of alimony.

In the event of the payment of multiple debts, alimony shall receive first priority, followed by any amounts to be paid to the employer as a result of any destructed tools or non-executed missions by the worker, or any amount unrightfully disbursed to the latter, or any monetary fines 14 imposed on him. The validity of the assignment of any portion of the wage, within the limit of the percentage specified in the first paragraph, is subject to the worker’s written consent.


Article 46

The employer shall be granted quietus in respect of the wage only when the worker signs the register evidencing his receipt of the wage, the statement of wages, or a receipt given for this purpose or by the completion of the transfer of his wage to an account in one of the banks at the worker’s request.


Article 47

The worker’s rights related to the end of service indemnity and the compensation for the annual leaves balance specified in Article 59 as well as the compensation due in accordance with the provisions of Article 99 paragraph b and Article 111 of this Law, shall be calculated on the basis of the last basic wage of the worker in addition to the social gratuity if any. If the worker is employed by piece-work or per production or receives a fixed wage plus a commission or percentage, the average wage of the worker during the last three month shall be retained in the calculation of these rights.


Article 48

The wages and amounts due to the worker or his heirs shall have in accordance with the provisions of this law a privilege over all of the employer movable and immovable properties and shall be settled before any other debt including state debts.


Article 49

Subject to the provisions of Article 136 of this Law, when denied, the action for the payment of a wage instigated by the worker or his heirs may not be heard five years after the date of payability of said wage.

Last Update: Wednesday 12 August 2015