The worker’s duties and accountability
The worker’s duties and accountability
The worker shall:
- Perform himself the duties entrusted to him with accuracy and trust in accordance with the labour contract, the provisions of the law and decisions issued in implementation thereof and the work regulations at the establishment, and he must deploy in this respect the care of an average man;
- Execute the orders and instructions of the employer or his representative with respect to the performance of the work unless this is contrary to the labour contract, the provisions of thelaw or its implementing decisions, the work regulations at the establishment or public morality or when compliance with such orders or instructions exposes the worker to danger;
- Abide by the work schedule and apply the procedures decided in the event of absence or incompliance with the work schedule;
- Preserve the tools, equipment, registers, documents or other handed over to him by the employer,undertake all that is necessary for their safe keeping and deploy in this respect the care of an average man;
- Respect his superiors, colleagues and subordinated workers and cooperate with them in order to achieve the best interest of the work;
- Deal in an appropriate manner with the employer’s clients;
- Preserve the dignity of the work and have an adequate behavior;
- Abide by the regulations set forth for the preservation of the establishment’s safety and security;
- Keep the secrets of the work, and not disclose work-related information when said information are secret by their nature or by virtue of the employer’s written instructions;
- Notify the employer the correct data related to his place of residence, marital status and all of the other information that must be included in his personal file in accordance with the provisions of the law or the applicable regulations and notify him on the specified dates any possible modification to these data.
- Abide by the regulations set by the employer for the development and advancement of the worker’s occupational skills and experiences or for qualifying him to execute a work in line with the technological development at the establishment.
- Return all tools, equipment, registers, documents papers or otherunused materials related to the work which are placed under his control,upon the termination of the labour contract.
The employer shall not execute himself or through others any of the following works or acts:
- Keep possession of any work-related registers, documents or papers.
- Work for a third party whether in return for a wage or not, without the employer’s consent.
- Borrow money from the employer’s clients or from any party exercising an activity similar to that of the employer.This prohibition does not apply to banking institutions.
- Accept any commission, gift, reward, amounts or other things in any quality whatsoever for the occasion of the performance of his duties, without the employer’s consent.
- Collect monies or contributions, distribute publications or collect signatures or hold meetings at the workplace without the employer’s consent and in violation of the provisions of the Law.
If the nature of the work executed by the worker allows him to know the employer’s clients or to peruse the secrets of the work, the parties may agree that the worker shall not be authorized after termination of the contract to compete with the employer and to participate in any competing project.
However, it is required for the validity of said agreement:
- That the worker completed eighteen years of age upon the conclusion of the agreement;
- That the restriction be limited in time to a period not exceeding one year following the termination of the labour contractand limited in terms of the place and type of work to the extent necessary for the protection of the employer’s legitimate interests;
The employer may not invoke this agreement if the contract is terminated or not renewed without any fault justifying this being attributed to the worker.Moreover this agreement may not be invoked by the employer if he commits any fault justifying the termination by the worker of the contract.
The employer employing ten or more workers shall post in anapparent location at the workplaces a copy of the work regulations and the regulation pertaining to sanctions.
Such regulations and the sanctions regulation shall be enforceable if approved by the Ministry. If within one month as of the date of their submission, the Ministry does not approve them or raise any objection thereto, they shall be deemed enforceable as of the date of expiry of said time-limit.
The Minister shall issue a decision approving the models of the work regulations and the sanctions regulation at the establishments subject to the provision of this Law.
The disciplinary sanctions that may be imposed on the worker in accordance with the work regulations and the sanctions regulation at the establishment are:
- Verbal warning.
- Written notice.
- Postponement of the date of the annual bonus for a period not exceeding three months.
- Work suspension with salary deduction for a period not exceeding one month per year and five days each time.
- Postponement ofthe promotion for a period not exceeding one year;
- Dismissal from service in accordance with the provisions of this Law.
The sanction specified in paragraph 3 shall be applied in establishment retaining the bonus system.
a- The employer may only impose a sanction on the worker following his written notification of the faults attributed to him and after hearing him and investigating his defense and evidencing this in the minutes of the investigations, provided the investigation starts within seven days at most as of the date of discovery of the violation. The trade union to which the worker is affiliated may delegate a representative to attend the investigation following the notification by the worker of the employer in this respect.
The investigation of violations sanctioned by a verbal warning or written notice or work suspension for one day with wage deduction may be an oral investigation provided its content is evidenced in the decision imposing the sanction.
In all cases, thedecision imposing the sanction must be justified.
b- The employer may investigate with the worker himself or entrust another person enjoying experience in the subject of the violation or one of the workers at the establishment with conducting the investigation provided the occupational position of the investigator is not lower than that of the worker subject to investigation.
c- The worker must be notified in writing of any sanctions imposed on him, their type, extent and the sanction to which he is liable in case of repeated violation. If the worker refuses to receive the notice a registered letter with acknowledgment of receipt shall be sent to his address specified in his personal file.
d- The worker shall have the right to submit a written grievance against the decision imposing the sanction on him within seven working days as of the date of his notification of this decision. The grievance shall be submitted to the party issuing the decision.
e- The employer must register the monetary sanctions imposed on the workers in a special register, specifying the reason for their imposition, the name of the worker and the amount of his wage. The employer must allocate for these sanctions a special account and said sanctions shall be disposed of in accordance with the Minister’s decision in agreement with the General Federation of Workers Trade Unions in Bahrain.
The disciplinary sanctions imposed on the worker shall be lifted by the expiry of the following periods:
a) Six month in case of written notice or verbal warning;
b) 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.
Upon the imposition of any sanction on the worker, the employer shall,
- Not hold the worker disciplinary liable for an act he has nothing to do with;
- Make sure that the sanction corresponds to the violation;
- Not impose more than one sanction for one violation;
- Not increase the amount of the finewith respect to the same violation to more than the wage of five days and the total of the amount deducted from the worker’s wage in settlement of the fines during one single monthmay not exceed the wage of five days;
- Not increase the work suspension sanction for the same violation to more than five days, and the period or periods of suspension in the same month to more than five days;
- Not hold the worker responsible for a violation the employer has been aware of for more than thirty days, except for the violations involving criminal offences, where the worker may be held liable until said violation is forfeited by virtue of the criminal law;
- Not impose a sanction on the worker for a violation committed by him fifteen days as of the date on which it was evidenced.
The employer may tighten the sanction if the worker committed a new violation of the same type of the violation he has been sanctioned for when the new violation is committed within six month as of the date of his notification of the imposition of the previous sanction.
If any violation is attributed to the worker the employer may temporarily suspend him from work for a period not exceeding sixty days with the disbursement of his wage if this is required for the interest of the work or of the investigation.
If an offence or a misdemeanor prejudicing honor, trust or public ethics or an offence within the labour department is attributed to the worker, the employer may temporarily suspend him from work until the issuance of a decision by the Public Prosecutor Office in his respect, and if said Office decides to close the investigation or orders that the instigation of the criminal action is not based on any legal ground, or if the competent court finds the worker to be innocent for reasons related to the denial of the attribution of the crime to him the worker must be returned to work.
If it is evidenced that the accusation of the worker was arranged by the employer or his representative, the worker must receive his wage corresponding to the suspension period and the Public Prosecutor’s Office and the competent court - if this is evidenced- shall mention this in their decision or judgment.
If the worker caused in the occasion of his work the loss or destruction of tools, machines or products owned by the employer or placed under the latter’s custody, and this was due to the deliberate act or the gross negligence of the worker, he shall pay the value of what was lost or destroyed.
The employer may after conducting the investigation and notifying the worker deduct the mentioned amount from the worker’s wage provided the amount deducted for this purpose does not exceed the wage of five days per month.
The worker may submit his grievance with respect to the employer’s estimation before the competent court within one month as of the date of his notification the said estimation.If the Court does not order to the employer the amount he estimated or orders a lesser amount, the latter must return the amount unrightfully deducted within seven days as of the date on which the judgment becomes final. The employer may not collect the value of what was lost or 26 destroyed by way of deduction from the worker’s wage if said value exceeds the wage of two month.
Subject to the provision of Article 81 of this Law, any worker provisionally imprisoned shall be suspended from work by force of law and deprived of his wage throughout his imprisonment period.
The abovementioned provision shall not prejudice the employer’s right to terminate the labour contract if the other termination conditions are met.
The provisions of this Title shall not prejudice the guarantees decided by the law to the members of the Board of Directors of trade unions.
Last Update: Sunday 9 August 2015