GS5102 Summary PDF

CSB Executive Regulation Articles CSB Civil Service Law Articles Labor Law Articles Civil Service Bureau (CSB) Ministry of Labour (Labour Law) Responsible authority for all th...

CSB Executive Regulation Articles CSB Civil Service Law Articles Labor Law Articles Civil Service Bureau (CSB) Ministry of Labour (Labour Law) Responsible authority for all the public sectors' Responsible authority for all the related affairs in employees who work for the government of Bahrain. the private sectors. Article 6 Articles 96, 97, 98 Four types of contracts: Three types of contracts: 1) Permanent Employment: 1) Definite Contract: Full time on contract basis for a specify period Contract for a definite period is expired by throughout workdays. the expiry of its term. 2) Temporary Employment: 2) Specific Work Contract: Full time on a contract basis for a limited period Contract is expired upon the completion of throughout workdays. the work. 3) Part-time Employment: 3) Indefinite Period Contract: Contract basis for a specified period and his daily Contract duration not determined or for a working hours should be less than the daily period of more than five years. working hours for full time. 4) Contract Employment:  Non-Bahraini employee works on a contract basis for a limited period. Article 12 Article 21 Probationary period of six months from the first day Probationary period varies in length but typically of work or one academic year for academic positions. last between one to three months. Article 12 Article 21 Employee service may be terminated during the Both parties have the right to terminate the probationary period if he violates the duties of his contract during the probation period, provided position according to law or employee may resign that the party terminating the contract inform the from his job during the probationary period by giving other party at least one day before the date of five days written notice to his direct supervisor termination of the contract. Salaries are paid monthly or annually based on the Wages can be calculated hourly or daily or weekly performance of the employee. or monthly or per piece-rate or production Article 15 Article 40 Salaries benefits and controls are determined in The wage of the worker is determined in accordance with resolutions issued by the Prime accordance with the individual or collective work Minister based on a proposal from CSB. contract or the work rules and regulations of the establishment. Article 29 Article 40 Employee is entitled to his/her salary and decided Employee is entitled to his/her wage until the date work benefits until the date of termination of service. of termination of service. Article 15 Article 40 The employee is entitled to receive salary and benefits The employee is entitled to receive a wage starting from the date of employment. starting from the date of employment. Article 26 Article 51, 53 Normal working hours of only 48 hours per week. Normal working hours of only 48 hours per week. (Can be extended only if agreed upon by both parties but cannot exceed 11 hours per day) Article 19 Article 51 During Ramadan, normal working hours of 6 hours per During Ramadan, normal working hours of 6 hours day. per day. Article 27 Article 54 Employees are NOT entitled to be compensated for Employees are entitled to be compensated for their overtime work financially; However, they are their overtime work. compensated with time off depending on the overtime hours. Article 27 Article 54 The overtime work should be within the determined Employer may employ extra hours if needed in the budget approved by the CSB provided that such pays condition that the worker should be paid for these do not exceed the budget allocated to the government extra hours. entity in the Workforce Expenditures Chapter.  Women’s Rights Bahrain has been working, especially in the last 20 years, to empower women politically, economically, and socially. This role is taking by the Supreme Council of Women since its establishment on the 22nd of August 2001. Bahrain also joined CEDAW by Royal Decree Number 5 of 2002. CEDAW: Convention on the Elimination of All Forms of Discrimination against Women An international convention that more than 189 countries have ratified. It was adopted by the General Assembly of the United Nations in 1979. It consists of the bill of right for the protection for women that made of preamble and thirty articles. The treaty defines what constitutes discrimination and set up and agenda for national action to end such discrimination. Article 11 States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights. Women Political Rights Bahrain is considered as one of the first nation in the middle east to give a universal female suffrage in 2002. Women Economic Rights Bahraini women are treated equally as men in the constitution of the Kingdom of Bahrain and all laws and regulations that regulates work such as Civil Service Bureau and Labour Law. Bahraini women receive equal salaries as their men counterparts. Bahrain is one of the rare countries in the work that pay equal wages for men and women. Women Social Rights 2009 was an important year in the calendar of achieving important rights for Bahraini women. For the first time, the government passed the first personal status law which granted women the right to consent to marriage and state conditions in a marriage contract. It also allowed women to a separate residence if their husband marries a new wife. Women are also given equal rights when they retire. NGOs (Non-governmental Organizations) The first women society was established in 1955 in the aim of defending rights for women in Bahraini society, now there are 19 NGOs which focuses on Women’s rights, and 12 of those 19 are part of Bahrain Women Union which aims to empower women to be more active politically, economically, and socially and fights all forms of gender discrimination. Article 29 Female workers shall be subject to all of the provisions governing the employment of male workers without discrimination in similar situations. Article 30 The Minister shall issue a decision determining the cases, works and occasions in which women may not be employed at night. Article 31 The Minister shall issue, after taking the opinion of the concerned authorities, a decision determining the works in which the employment of women is prohibited. Article 32 The female worker shall not be employed during the forty days following the delivery. Article 33 The employer shall not dismiss or terminate the labour contract of the female worker as a result of her marriage or during her maternity leave. Article 36 The employer employing women shall post in an apparent location at the workplaces or in the places of gathering of workers a copy of the regulations governing the employment of female workers.  Children Rights The human rights of children are known as child rights. Children rights are embodied in the CRC. It recognizes the need of treating all children fairly, equally, and with dignity. CRC: Convention on the Rights of the Child The United Nations Convention on the Rights of the Child is an important agreement by countries who have promised to protect children’s rights. The Convention explains who children are, all their rights, and the responsibilities of governments. All the rights are connected, they are all equally important and they cannot be taken away from children. Because children are considered among the vulnerable groups such as women and disabled persons, the UN's child rights treaties say that they are entitled to specific protection and assistance. All children should grow up in a spirit of peace, dignity, tolerance, freedom, equality, and solidarity, according to the CRC, and all governments around the world are obligated to guarantee these rights under UN conventions. Article 1 The United Nations (UN) children's rights convention recognizes and defines a child as any human being under the age of 18 unless adulthood is acquired earlier under the law applicable to the child. Article 2 Discrimination against children is unacceptable. Article 3 The best interests of children should be the primary consideration in all decisions affecting them. Article 6 Children have the right to live and develop in a healthy environment. Article 12 Children have the right to have their opinions heard on issues that affect them Children Rights Four General Principles: 1) Non-Discrimination: In all conditions, all children have the same right to reach their full potential. Every child, regardless of gender, race, ethnicity, nationality, religion, disability, parenthood, sexual orientation, or other status, should have equal access to education. 2) Best Interest of the Child: All decision, resolutions and legislations either taken by private or public sectors institutions should take into consideration the best interests of the child. 3) Right to Survival and Development: This principle emphasizes the critical relevance of guaranteeing children's access to basic services and equal opportunity to reach their full potential. 4) Views of the Child: It is rational to listen to the child's voice in order to determine what is in his or her best interests. Bahrain has taken many steps such as establishing specialized children institution (Salman Cultural Center) and programs such as: 1) Creating a “Child Protection Center” to provide support for children who are exposed to family or community abuse. 2) Introducing a 24-hour Child Helpline (998) which receives complains related to abuse, neglect, or sexual assault. 3) Establishing the Batelco Childhood Care Home that provide accommodation, legal, educational, and recreational services to abused children up to the age of fifteen. 4) Forming a juvenile court in which held in a private location to make it more comfortable to children and their families. 5) Opening children's and youth clubs and family guidance in all areas of the Kingdom of Bahrain. 6) Formation of a National Committee for Childhood whose members are from the public and private sector institutions. The committee has issued an action plan of the national strategy for childhood To ensure the protection of Children, the Kingdom of Bahrain had issued Child Law No. (37) of 2012, which has become the main reference for all laws related to children and the protection of their rights. Article 23 A minor is any person who is fifteen years of age but who has not reached the age of eighteen years. Article 24 A minor should not be employed if he did not reach the age of fifteen. Article 25 If a minor is employed, he shall not work more than six hours daily and a consecutive of seven hours. These working hours should be interrupted by rest periods and meal for a total of one hour. Additionally, the minor should not work for a consecutive of four hours without rest periods. Article 26 Minors shall not be employed during the night period or on weekly rest days or official holidays. Article 27 The employer should verify the following procedures before employing the minors: 1) The approval of the guardians of the minor. 2) The minor should do a medical examination, to ascertain his physical fitness of exercising the work. 3) The minor should not be employed in hazardous or dangerous works that affects his health or ethical behavior. 4) The Ministry of Labour and Social Development should be informed by all the data that is related to the minor. Article 26 Subject to the provision of the Labour Law, the Minster shall issue a decision determining any changes to the provisions.  Morals and Ethics of Employees and Workers (CSB/Labor Law) Morals and ethics are important values in the workplace, where many employers are concerned on how their employees behave at work. Ethics are defined as external constructs and are classified by company practices and any given company can enforce ethical behavior in its workplace such as don’t lie, don’t steal, don’t cheat, etc. Morals are internal beliefs that have been formed by personal experience and learning. Because morals are internal and based on how a person was raised, it is harder to control or influence someone’s morals. Article 34/Article 71 Workers must perform their duties successfully in the workplace, they are also accountable for any action related for their work and responsibilities. Article 34/Article 71 Workers must execute the orders and instructions of their employer if they don’t contradict with the provisions of this law. Article 34/Article 71 Workers must abide work schedule and they should apply the procedures decided in the event of absents from work. Article 34/Article 71 Workers should also protect all work equipment, record, and documents. They should respect their superiors, colleagues, and subordinated workers. Article 34 Article 72 An employee shall not: It is prohibited for the worker himself or through others to perform the following acts: 1) Violate the rules and provisions prescribed in the regulation of government tenders 1) Keep in his position any of work-related and purchases law. records, documents, or papers. 2) Make a statement or declaration to the 2) Work for a third party either with or media. without a wage, without the employer’s 3) Disclose any information related to his approval. employment. 3) Borrow money from the employer’s 4) Keep any documents or files related to his clients. This prohibition does not apply in work or a copy of them. borrowing from financial institutions. 5) Exploit his job for personal reason. 4) Accept any commission, gifts, reward, 6) Call or threat or participate or encourage amounts or other things because of others to hold strikes. preforming his duties without the 7) Participate in distributing publication approval of the employer. activities. 5) Collect money or donations, or distribute 8) Exploit minors to participate in such publications, or collect signatures, or hold activities. meetings at the workplace without the 9) Buy or sell real or removable property that approval of the employer. are put on sale by judicial authority. 10) Conduct any commercial activities. Article 73 If the nature of the work allows the worker to personally know the employer’s clients and the secrets of his work, the two parties should agree that the worker should not compete with the employer after the expiry of the contract. However, it is required for the validity of said agreement: 1) That the worker completed eighteen years of age upon the conclusion of the agreement. 2) That the restriction be limited in time to a period not exceeding one year following the termination of the labour contract and limited in terms of the place and type of work to the extent necessary for the protection of the employer’s legitimate interests. Article 22 Article 74 Any employee that contradicts the CSB or its If the employer has ten workers or more, he executive regulations or ignore his duties is shall post a copy of the work regulations, and subject to a disciplinary action without sanctions in an apparent place. prejudice to criminal or civil liability, except for senior position holders. The Prime Minster is responsible for taking disciplinary action for the holders of senior positions. Article 23 Article 75 The following disciplinary penalties may be The disciplinary sanctions that may be imposed on an employee: imposed on the worker in accordance with the 1) Oral reprimand. work regulations: 2) Written warning. 1) Verbal warning. 3) Salary deduction for a period that does 2) Written notice. not exceed three months. 3) Postponement of the date of the annual 4) Dismissal from work. bonus for a period not exceeding three months. 4) Work suspension with salary deduction for a period not exceeding one month per year and five days each time. 5) Postponement of the promotion for a period not exceeding one year. 6) Dismissal from service. Article 22 Article 76 An employee is not disciplined unless an The employer may not impose a sanction on the investigation has been conducted against him. worker without a written notification and The employee may be exempted from a investigation which starts from seven days of disciplinary action if he can prove that the the discovery of the violation. contravention has been committed in an execution of written instruction of the employee’s supervisor. Article 23 Article 77 Disciplinary penalties imposed on an Employee The disciplinary penalties can be lifted by the shall be deleted after the following periods expiry of the following periods: have elapsed: 1) Six months in case of written notice or 1) Six months in the case of oral reprimand verbal warning. or a written warning. 2) One year in cases of work suspension 2) One year in case of salary deduction. with salary deduction and the postponement of the date of the annual bonus and promotion. Article 24 Article 78 The employee is not liable for a disciplinary Upon the imposition of any sanction on the action after three months have passed from the worker the following should be taken in date his direct supervisor has become aware of consideration: the violation, or one year form the date of the 1) The worker should not be liable for an act violation itself, whichever date is earlier. that he has nothing to do with. However, if the violation constitutes a criminal 2) Make the sanction correspond with the offence, the Relevant Authority's power to violation. impose disciplinary penalty on an employee 3) The fine should not exceed a wage of five shall remain in force unless criminal days. proceedings abate. 4) The worker is not accountable for a violation known to the employer for more than thirty days, except the violations involving criminal offences.  Expiry of Contracts The following items are normally included in the contracts: 1) Parties to the contracts. 2) Duration of the contract. 3) Definition of key terms of the contract. 4) Paying dates and details, damages, or penalties provisions. 5) Termination conditions of the contract. It is essential for the worker to do the following before signing a contract: 1) Read every word including the fine print. 2) Ensure that it reflects the terms and conditions that have been negotiated. 3) Seek legal advice. 4) Allow plenty of time to consider and understand the contract make sure that you and the other party initial any changed to the contract. 5) Obtain a copy of the signed contract for your records. Most of the contracts end once the work is complete and payment has been made. The parties can also end the contract before the work is completed after a mutual agreement, because of some circumstances outside the parties’ control. In case that one of the parties does not abide with the terms and conditions of the contract, the other party has the right to terminate the contract and seek compensation.  Expiry of Contracts (CSB) Article 25 The employee’s service may be terminated for the following reasons: 1) Reaching the retirement age. 6) Finial judgement of dishonorable crime. 2) Entitlement of early retirement. 7) Dismissal of service. 3) Medical reason. 8) Abolish of position. 4) Resignation. 9) End of contract period. 5) Relinquishing Bahraini citizenship. 10) Death of the employee. Article 26 The service of the employee is terminated when he reaches sixty years of age. The Relevant Authority may request the extension of the employee's term of service after obtaining the Bureau's approval. The relevant authority should inform the employee six months before the employee reaches the retirement age. If the employee seeks early retirement, he should first get the approval of the relevant authority. Article 27 The employee is considered resigned if he is absent for consecutive fifteen days or a total period of thirty days for one year. The employee shall receive a written warning after five days of continuous absence and after twenty days of cumulative absence without permission. If the employee submits a written prove of absence and is accepted by the relevant authority; his absence can be considered as a sick leave or leave if the employee has enough balance of such leave.  Expiry of Contracts (Labor Law) Article 99 The employee can resign by only submitting a written resignation letter, the service of the employee ends by a decision after accepting the resignation. It should be settled within thirty days after submitting the resignation letter. The relevant authority has the right to postpone accepting the resignation if it affects the normal flow work with a period not exceeding three months. Article 104 The termination by the employer of the labour contract shall be deemed and arbitrary dismissal if the termination is due to: 1) The worker sex, color, religion, ideology, marital status, family responsibilities, or the female worker pregnancy, delivery of a child, or Brest feeding. 2) If the worker is a member of a Trade Union. 3) Represent workers in a Trade Union. 4) If the worker submits a complaint against the employer unless it is vexatious. 5) If the worker exercises the right to take leave in accordance with the provisions of this law. 6) The confiscation of the worker entitlement with the employer. Article 110 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 thirty days prior to such termination. Article 107 The employer may terminate the work contract without prior notification or compensation in the following cases: 1) If the worker presents a false identity and presenting fraud certificates and recommendations. 2) If the worker commits an error which has resulted in a large material loss in the condition that the employer should inform the relative authority within two days of the incident. 3) The worker has ignored his duties and security instructions after receiving a written warning. 4) The absence of the worker for more than twenty days non-consecutive or for more than ten consecutive days. 5) If the worker discloses any secrets related to work. 6) If a final judgement has been issued against the worker on a dishonorable crime if the worker assaults his employer or direct supervisor Article 106 The worker may also terminate his work contract without prior notice in the following two cases: 1) If the employer or his representative assaults the worker whether verbally or prevented by the law during or as a result of the work. 2) If the employer or his representatives commits an unethical act against the worker or his family. In both cases such termination of contract is considered arbitrary dismissal. (Article 104) Article 112 The worker may also terminate the contract and he shall only be bound to compensate the employer in the following cases: 1) If the employer is not able to find a replacement. 2) If the termination was intended to cause damages to the employer. Article 113 In case of the death of the worker during the validity of the contract, the employer may pay the family of the worker a salary of two months if the deceased worker has been employed for a period of at least one year. The contract cannot be terminated upon the death of the employer unless the contract is signed for a reason related to the employer’s person and as a result all the activities are stopped because of his death. Article 114 The work contract is terminated due to the worker’s total disability to perform his work. Article 115 The employer can terminate the work contract without compensation if the employee reaches the age of sixty unless it has been agreed upon. Article 116 The 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 one month salary for the later years upon the termination of his contract. Article 117 The employer may not terminate the work contract due to the worker's sickness unless the worker has used all his sick and annual leaves. The employer should inform the worker about his wishes to terminate the contract fifteen days before the worker has exhausted all his leaves. Type of Leave CSB Labour Law Annual Leave Article 28 Article 58 30 days 30 days Sick Leave Article 30 Article 65 2 days per month full pay 15 days on full pay. 20 days on half pay. 20 days without pay. Marriage Leave Article 31 Article 63 3 working days paid (once) 3 working days paid (once) Haj Leave Article 31 Article 67 21 days paid (once) 14 days paid (once after completing 5 years of service) Maternity Article 31 Article 32 Leave 60 days paid from date of delivery. 60 days paid including before and after + delivery. 15 days paid prior to delivery upon + request. 15 additional days unpaid. Bereavement Article 31 Article 63 Leave 3 days paid leave 3 days paid leave up to 4th degree relative. up to 4th degree relative or spouse’s 2 nd degree.  Odda Leave Article 31 Article 63 4 months and 10 days paid from the date 1 month paid leave of husband’s death + 3 months and 10 days unpaid leave Suckling Leave Article 31 Article 35 2 hours per day paid until the child is 2 2 hours per day paid until the child is 6 months years old. old. + 1 hour per day for childcare until the child is 1 year old. Childcare Leave Article 32 Article 34 2 years unpaid leave for children under 6 months unpaid leave for children under the the age of 6. age of 6. (3 times maximum) (3 times maximum) Examination Article 31 N/A Leave 1 month annually Accompanying Article 31 N/A a sick person Up to 60 days paid leave Leave up to 4th degree relative upon approval. Childbirth (No Article) Article 63 1 day paid leave for men. 1 day paid leave for men.