Definitions and General Provisions
Definitions and General Provisions
For the purpose of implementation of this Law, the following terms and expressions shall have the meaning ascribed to them, unless otherwise required by the context:
- The Ministry: The Ministry in charge of labour-related matters in the private sector.
- The Minister: The Minister in charge of labour-related matters in the private sector.
- The Worker: Every natural person working in return for a wage for an employer and under the latter’s management and supervision.
- The Employer: Every natural person or legal entity employing one or more worker in return for a wage.
- The Basic Wage: The remuneration specified in the labour contract paid to the worker on a periodical basis in additional to the possible increments if any.
- The Wage: All what the worker receives in return for his work of any kind whatsoever, whether fixed or variable, in cash or in kind, including the basic wage and its accessories such as gratuities, allowances, grants,rewards, commissions, and other benefits.
- The Labour contract: The agreement between an employer and a worker by virtue of which the worker undertakes to perform a specific work to the employer under the latter’s management and supervision and in return for a wage. The contract is deemed for a definite period if concluded for a definite period or for the completion of a specific work.
- Labour Action: The action arising from the individual labour contract.
- The Judge in charge of labour actions: any member of the Office in charge of labour actions specified in Article 120 of this law.
- Work Injury: This expression shall have the meaning specified in Article 4, paragraph 7 of the Social Insurance Law promulgated by virtue of Decree Law No. 24 of 1976.
- The Notice Period: The period specified in Article 99,paragraph (a) of this Law.
- Night: The period between 7:00 pm and 7:00 am.
a- The provisions of this Law shall not be applicable to civil servants and public legal entities that are subject to the Civil or Military Service Regulations or to a special legal regulation governing the job relationship.b- Except for the provisions specified in Article 6, 19, 20, 21, 37, 38, 40, 48, 49, 58, 116, 183 and 185 and in Titles XII and XIII of this Law, the provisions of this law shall not be applicable to:
- Domestic servants and persons regarded as such, including agricultural workers, security house-guards, nannies, drivers and cooks performing their works for the employer or his family members;
- Members of the employer's family effectively dependent on him, such as his husband, wife, ascendants and descendants.
The Gregorian calendar shall be retained for the calculation of the time-limits specified in this Law.
Any condition or agreement in violation of the provisions of this Law shall be deemed null and void even if its date precedes the date of enforcement of this Law, if it prejudices the rights of the workers specified in it.
The better benefits or conditions, which are decided or to be decided by virtue of individual or collective labour contracts, labour regulations at the establishment or other, or by virtue of a custom shall remain applicable.
Any conciliation implying a derogation or discharge fromthe worker’s rights arising from the labour contract during its validity period or within three month as of the date of its expiry shall be deemed null if contrary to the provisions of this Law.
All labour-related actions instigated by workers or their heirs shall be exempted from the judicial fees.
The Court shall order the party instigating the action to pay all or part of the expenses in case the action was rejected without prejudice to the provisions of the Civil and Commercial Code of Procedure.
Moreover, the workers or their heirs shall be exempted from all of the fees on certificates and copies they request as well as on the complaints and claims they submit in accordance with the provisions of this Law.
The dissolution, liquidation, partial or total closing of the establishment, the downsizing of its activities or its bankruptcy shall not hinder the fulfillment of all of the obligations by virtue of the law.
The merger of the establishment, its transfer by means of inheritance, will, donation, sale, even if through public auction, lease or other acts shall not entail termination of the labour contracts at the establishment. The successor shall be jointly liable with the previous employers for the fulfillment of all of the obligations arising from these contracts.
The workers shall have the right to strike to defend their interests in accordance with the controls set forth by virtue of the law. The exercise by the worker of this right shall entail the suspension of the labour contract throughout the strike period.
Every citizen capable of work and wishing to work shall submit a request to registerhis name at the Ministry or any of its affiliated centers, indicating his age, the time of submittal of the request, his qualifications, occupation and previous experiences if any. The Ministry shall record such requestsin a special register under serial numbers immediately following their submittal and shall issue to the party submitting the request a certificateto this effect, free of charge.
The data to be included in the certificate mentioned in the previous paragraph shall be determined by virtue of the Minister’s decision.
The Ministry, in cooperation and coordination with the concerned authorities shall take the appropriate procedures for employing the parties submitting these requests.
The employer must provide his workers with appropriate means of transportations in the work regions, as determined by virtue of the Minister’s decision.
The employer employing workers in regions far from urban regions as determined by virtue of the Minster’s decision must provide them with the appropriate meals and adequate accommodation.
The Minister shall issue, after taking the opinion of the concerned ministries, the Bahrain Chamber of Commerce and Industry and the General Confederation Workers Trade Unions in Bahrain, a decision determining the accommodation’sconditions and specifications and determining the types and quantities of food offered to the worker in each meal as well as the monetary allowance paid by the employer instead of said meals.
The employer shall hand over to the worker a receipt with respect to all papers, certificates or tools deposited by the latter with him.
The employer undertakes to return to the worker upon the termination of the labour contract all what the latter may have deposited with him, immediately upon his request.
The employer shall give the worker – during the validity period of the labour contract or upon its termination and free of charge – a certificate including the requested data on the date of employment, the type of work performed, the wage and other benefits he obtained, his experience, occupational competency, and the date and reason for termination of the labour contract.
The worker shall be deemed aware of any regulations, decisions, by-laws or other, which must be posted in an apparent location at the workplace by virtue of the law, if the employer handed over to the worker a copy thereof in return for the latter’s signature as an acknowledgment of receipt.
Last Update: Tuesday 4 August 2015