Labour Law in Bahrain

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Questions and Answers

What is the minimum duration a female worker cannot be employed after delivery?

  • 40 days (correct)
  • 90 days
  • 30 days
  • 60 days

A female worker can be dismissed during her maternity leave.

False (B)

What is the CRC an acronym for?

Convention on the Rights of the Child

Children have the right to live and develop in a _________ environment.

<p>healthy</p> Signup and view all the answers

Match the following articles of the CRC with their main focus:

<p>Article 1 = Definition of a child Article 2 = Non-discrimination Article 3 = Best interests of children Article 6 = Right to a healthy environment</p> Signup and view all the answers

Which of the following is NOT one of the four general principles of children's rights?

<p>Right to work (A)</p> Signup and view all the answers

Discrimination against children is acceptable under certain circumstances.

<p>False (B)</p> Signup and view all the answers

What obligation do governments have regarding children's rights?

<p>To guarantee these rights</p> Signup and view all the answers

What is a worker prohibited from doing regarding their job?

<p>Exploiting their job for personal reasons (A), Participating in commercial activities without approval (B)</p> Signup and view all the answers

An employee can participate in distributing publications without the approval of the employer.

<p>False (B)</p> Signup and view all the answers

What is the maximum period allowed for a non-compete agreement after the termination of the labor contract?

<p>One year</p> Signup and view all the answers

Disciplinary sanctions may include a verbal warning, written notice, and __________.

<p>salary deduction</p> Signup and view all the answers

Which of the following is NOT a disciplinary penalty mentioned?

<p>Promotion (A)</p> Signup and view all the answers

Match the following articles with their content:

<p>Article 73 = Non-compete agreement restrictions Article 74 = Generally applicable disciplinary actions Article 75 = Sanctions for workers with ten or more employees Article 22 = Regulations for senior position holders</p> Signup and view all the answers

All employees are subject to criminal or civil liability if they violate the CSB regulations.

<p>False (B)</p> Signup and view all the answers

Who is responsible for taking disciplinary action for holders of senior positions?

<p>The Prime Minister</p> Signup and view all the answers

Which type of employment contract in the CSB is defined as being for a specified period throughout workdays?

<p>Permanent Employment (D)</p> Signup and view all the answers

A Probationary period for CSB employees is always six months regardless of the position.

<p>False (B)</p> Signup and view all the answers

What is the minimum written notice required if an employee wishes to resign during the probationary period in CSB?

<p>five days</p> Signup and view all the answers

In the Labour Law, a contract that expires upon the completion of specific work is known as a __________.

<p>Specific Work Contract</p> Signup and view all the answers

Match the following contract types with their respective categories:

<p>Permanent Employment = Full time on contract basis for a specified period Temporary Employment = Full time on a contract basis for a limited period Definite Contract = Contract for a definite period Indefinite Period Contract = Contract duration not determined or more than five years</p> Signup and view all the answers

What is the maximum duration for which a work suspension with salary deduction can last per year?

<p>One month per year, five days each time (A)</p> Signup and view all the answers

In the Labor Law, which of the following is NOT one of the contract types mentioned?

<p>Indefinite Contract (B)</p> Signup and view all the answers

An employer can impose a sanction on a worker without any prior written notification.

<p>False (B)</p> Signup and view all the answers

Wages under the Labour Law can only be calculated on a monthly basis.

<p>False (B)</p> Signup and view all the answers

What action can exempt an employee from a disciplinary action?

<p>Proving that the contravention was committed in the execution of a written instruction from the supervisor.</p> Signup and view all the answers

How long can the probationary period vary for employees under the Labour Law?

<p>one to three months</p> Signup and view all the answers

An employee is not liable for a disciplinary action after ______ months from when their supervisor became aware of the violation.

<p>three</p> Signup and view all the answers

What is the maximum fine that can be imposed as a disciplinary penalty?

<p>Five days' wage (C)</p> Signup and view all the answers

Match the disciplinary actions to their corresponding time limits:

<p>Oral reprimand = Six months Work suspension with salary deduction = One year Postponement of promotion = One year Dismissal from service = Immediate</p> Signup and view all the answers

What must take place before an employee can be disciplined?

<p>An investigation.</p> Signup and view all the answers

The disciplinary penalties imposed on an employee shall be deleted after ______ months for a written warning.

<p>six</p> Signup and view all the answers

Under which condition can a worker terminate his contract without prior notice?

<p>If the employer verbally assaults the worker (B)</p> Signup and view all the answers

An employee cannot be terminated due to sickness until all sick and annual leaves have been exhausted.

<p>True (A)</p> Signup and view all the answers

What happens to the worker's family in the event of the worker's death during the contract period?

<p>They may receive a salary of two months.</p> Signup and view all the answers

An 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 _____ salary for the later years upon termination.

<p>one month</p> Signup and view all the answers

Match the leave types with their corresponding articles.

<p>Annual Leave = Article 28 Sick Leave Full Pay = Article 30 Sick Leave Half Pay = Article 65 Annual Leave Labour Law = Article 58</p> Signup and view all the answers

When can an employer terminate a work contract without compensation?

<p>When the employee reaches the age of sixty (C)</p> Signup and view all the answers

A worker may terminate the contract due to total disability to perform work.

<p>True (A)</p> Signup and view all the answers

What is considered arbitrary dismissal in the context of termination by a worker?

<p>Termination due to unethical acts by the employer.</p> Signup and view all the answers

How long can an employer postpone accepting an employee's resignation if it affects the normal flow of work?

<p>3 months (A)</p> Signup and view all the answers

An employee can be fired for taking a legally entitled leave.

<p>False (B)</p> Signup and view all the answers

What is the written document an employee must submit to resign?

<p>A resignation letter</p> Signup and view all the answers

An employee may receive a written warning after ______ consecutive days of absence without permission.

<p>ten</p> Signup and view all the answers

In which of the following cases can an employer terminate the work contract without prior notification or compensation?

<p>If the worker has a large material loss incident (B)</p> Signup and view all the answers

An employee's absence for more than ______ non-consecutive days can lead to termination.

<p>twenty</p> Signup and view all the answers

Match the following articles with their descriptions:

<p>Article 99 = Resignation process Article 104 = Arbitrary dismissal conditions Article 107 = Termination without prior notification Article 110 = Termination due to company closure or reduction of work</p> Signup and view all the answers

An employee can be dismissed for submitting a complaint against the employer.

<p>True (A)</p> Signup and view all the answers

Flashcards

Permanent Employment in Bahrain

Full-time employment with a contract for a specific duration throughout all workdays.

Temporary Employment in Bahrain

Full-time employment with a contract for a limited duration throughout all workdays.

Part-time Employment in Bahrain

Employment with a contract for a specific period with daily working hours less than full-time.

Contract Employment in Bahrain

Employment for non-Bahraini individuals on a contract basis for a specific period.

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Probationary Period for Public Sector Employees

Six months from the first day of work or one academic year for academic positions.

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Termination During Probationary Period

The employee's service may be terminated during this period if they violate their duties according to law.

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Definite Contract in Private Sector

Contract for a definite period, ending upon expiration of its term.

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Specific Work Contract in Private Sector

Contract is expired upon the completion of the work.

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Who is a 'child' according to the UN?

The UN Convention on the Rights of the Child (CRC) specifies a child as any human being under 18, unless they gain legal adulthood earlier.

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Non-discrimination principle in child rights

The CRC emphasizes that all children have the same rights and opportunities to succeed, regardless of factors like gender, race, religion, or disabilities.

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Best interests of the child

When making decisions about children, their best interests should be the top priority.

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Maternity Protection: Job Security

Employers cannot fire or terminate a female worker's contract due to marriage or maternity leave.

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Child's Right to be Heard

The CRC emphasizes the right of children to be heard and participate in decisions that affect them.

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Child's Right to a Healthy Environment

The CRC states that children deserve a healthy and safe environment to grow up in.

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Employer's Responsibility to Display Regulations

Employers are required to display information about regulations governing the employment of female workers in a prominent location at their workplaces.

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Maternity Leave Period

A female worker is legally protected from being employed for 40 days after giving birth.

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Prohibited Employee Activities

Employees are prohibited from engaging in activities that might jeopardize the company's interests.

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Workplace Regulation Posting

Employers are required to provide a copy of work regulations in a visible location if they have 10 or more employees.

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Non-Compete Agreement

An employer can limit a former employee's ability to compete after their contract ends, but this agreement must meet specific conditions.

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Disciplinary Action for Employees

Employees who violate company regulations or neglect their duties may face disciplinary action, potentially leading to dismissal.

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Disciplinary Penalties for Employees

Different levels of disciplinary actions can be imposed on employees: oral reprimand, written warning, salary deduction, and dismissal.

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Disciplinary Sanctions for Workers

Disciplinary sanctions may be imposed on employees for violating work regulations. These can include verbal warnings, written notices, and postponement of annual advancement.

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Employee Restrictions

Employees are prohibited from engaging in activities that could compromise the employer's interests or conflict with their duties. Examples include exploiting their job for personal gain and accepting bribes.

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Discipline for Senior Positions

The Prime Minister is responsible for taking disciplinary action against senior-level employees who violate company regulations or neglect their duties.

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Disciplinary Action Time Limit

The period of time during which a worker can be held accountable for violations of company rules. It starts either when the supervisor becomes aware of the violation or one year after the violation occurred, whichever is earlier.

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Investigation Requirement

The employer must investigate any alleged employee violation before imposing disciplinary action.

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Following Supervisor's Instructions

When an employee can prove they were following their supervisor's written instructions, they may be exempt from disciplinary action.

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Disciplinary Penalty Expiration

Disciplinary penalties imposed on an employee are automatically removed after a specific period. Oral reprimands and written warnings expire after six months, while salary deductions and work suspensions expire after one year.

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Sanctioning Procedures

Before imposing a disciplinary sanction, the employer must provide a written notification and conduct an investigation. This process begins within seven days of discovering the alleged violation.

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Investigation Before Sanction

The employer cannot impose a disciplinary sanction on a worker without a preceding investigation.

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Sanction Imposition Considerations

When imposing a disciplinary sanction, the employer must consider the following: the worker's involvement in the violation, the severity of the violation, and the appropriate level of the sanction.

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Fine Limit

A fine imposed on a worker for a violation should not exceed the equivalent of five days' wages.

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Resignation in Bahrain

An employee can resign by submitting a written resignation letter, and their service ends upon acceptance of the resignation by the relevant authority. This process should be completed within 30 days of submitting the letter.

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Termination for False Identity

The employer can terminate the employment contract without prior notice or compensation if the employee provides false identity or fraudulent documents.

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Termination for Material Loss

The employer can terminate the employment contract without prior notice or compensation if the employee commits an error causing a large material loss, provided the employer informs the relevant authorities within two days of the incident.

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Termination for Ignoring Instructions

The employer can terminate the employment contract without prior notice or compensation if the employee ignores their duties and safety instructions after receiving a written warning.

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Termination for Excessive Absence

The employer can terminate the employment contract without prior notice or compensation if the employee is absent for more than 20 non-consecutive days or more than 10 consecutive days.

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Termination for Disclosure of Secrets

The employer can terminate the employment contract without prior notice or compensation if the employee discloses any confidential information related to their work.

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Termination Due to Company Closure or Work Reduction

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 30 days prior to such termination.

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Arbitrary Dismissal Based on Discrimination

The termination by the employer of the labor contract shall be deemed an arbitrary dismissal if the termination is due to the worker's sex, color, religion, ideology, marital status, family responsibilities, or the female worker's pregnancy, delivery of a child, or breastfeeding.

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Worker's Right to Terminate Contract Without Notice

The worker can terminate the contract without prior notice if the employer or their representative assaults the worker verbally or physically, or if the employer commits an unethical act against the worker or their family.

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Worker Compensating Employer for Termination

The worker may terminate the contract and only needs to compensate the employer if the employer can't find a replacement or if the termination was intended to harm the employer.

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Employer's Responsibility Upon Death

If the worker dies during the contract, the employer pays the worker's family a salary for two months if they worked for at least a year.

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Contract Termination Due to Disability

The contract ends if the worker becomes fully unable to work, ending the employment relationship.

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Employer's Right to Terminate at Age 60

The employer can terminate the contract with no compensation when the worker reaches the age of 60, unless they agreed otherwise.

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Reward for Unregistered Workers

An unregistered worker in the social security system receives a reward based on years of work - half a salary for the first three years and one month salary for later years.

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Employer's Limits on Termination Due to Sickness

The employer cannot terminate the contract due to sickness unless the worker has used all their sick and annual leaves, with a 15-day notice period before termination.

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Contract Termination at Age 60

The contract ends when the worker reaches the age of 60, unless they agreed otherwise.

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Study Notes

Civil Service Bureau (CSB) and Ministry of Labour (Labour Law)

  • The CSB is responsible for all public sector employees in Bahrain
  • The Ministry of Labour is responsible for private sector affairs in Bahrain
  • Article 6 outlines four types of employment contracts within the public sector: permanent, temporary, part-time, and contract employment
  • Article 96, 97, 98 outline three types of contracts within the private sector: definite, specific work, and indefinite period contracts.

Employee Probationary Period

  • Probationary periods vary from one to three months, but this is a typical duration.
  • The contract can be terminated with 24 hours notice to the other party.

Salaries and Wages

  • Salaries can be calculated hourly, daily, weekly, monthly, or based on piece-rate or production.
  • Employee benefits and controls are set by the Prime Minister's Office based on CSB proposals and are in accordance with set resolutions.
  • Wages of workers are set by individual and collective work contracts, or rules and regulations of the place of employment.
  • Employees are entitled to their salaries and benefits until their employment ends.

Employee Rights and Responsibilities

  • Employees in Bahrain are to be treated equally, as stated in the constitution, in workplace conduct, and compensation.
  • Employees are entitled to receive salaries and benefits from their first day of employment.
  • Overtime is not financially compensated but may be made up in free time
  • Employees must abide by daily working hours (48 hours / week) and comply with any specific work regulations
  • Employees should comply with workplace ethic and morals in their daily tasks, and should respect their supervisors
  • Employees cannot disclose company information or data
  • Workers, for all types of contracts, are responsible for carrying out their duties and responsibilities

Children's Rights

  • Children's rights are embodied in the United Nations Convention on the Rights of the Child.
  • The convention explains who children are, all their rights, and the responsibilities of governments.
  • All children are equally important and their rights can not be taken away.
  • All children should grow up in a spirit of peace, dignity, tolerance, freedom, and solidarity.
  • Governments are obligated to maintain these rights.

Women's Rights

  • Bahrain has empowered women politically, economically, and socially in the last 20 years.
  • This is managed through the Supreme Council for Women.
  • Bahrain has pledged to ensure equality of rights in the field of employment between men and women.
  • Bahrain was one of the first nations in the Middle East to grant universal female suffrage.

Leave

  • Various types of leave are available to workers.
  • Leaves such as annual leave, sick leave, marriage, pilgrimage, maternity leave, bereavement, etc. are given specific paid days off depending on the type.

Expiry of Contracts

  • Contracts may end due to retirement age, medical reasons, resignation, or other reasons
  • If the worker is found to have committed misconduct, or fraudulent actions the employer can have the right to the termination of the contract, within set time limits
  • The worker's death may not lead to contract termination, however, the family of the worker may be compensated
  • Termination due to sickness is not permissible for the employer unless the worker has exhausted all prior vacation and sick time
  • Workers may terminate the contract because of work place assault.
  • Contracts can also end due to circumstances outside the control of both parties.
  • Compensation or other remedies are available in case of contract termination

Employee and Employer Penalties

  • A wide range of penalties exist depending on the issue and severity.
  • Examples include; verbal written warnings , payroll deductions , employment suspension, or termination.
  • These can be imposed for a variety of reasons, including violating company guidelines, or the company closing.

Miscellaneous

  • Bahrain has established specialized children institutions and programs to protect children.
  • A minor is anyone under 18 years old.

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