Understanding Bahrain's Labour Law for the Private Sector: Key Highlights
The Labour Law in Bahrain, specifically the Labour Law for the Private Sector, is designed to regulate the rights and obligations of employers and employees in the private sector. Promulgated by Law No. 36 of 2012, it encompasses various aspects of employment, from contract formation to termination. Here are the key takeaways:
1. Coverage and Definitions (Articles 1-12)
The law is applicable to private sector employees while excluding government and military workers. It provides clear definitions for terms like "worker," "employer," and "contract of employment," ensuring there is no ambiguity in the interpretation of rights and responsibilities. These provisions help establish a transparent framework for employer-employee relations.
2. Contracts of Employment (Articles 19-22)
Employment contracts in Bahrain must be written in Arabic, though they can be accompanied by translations. The probationary period cannot exceed three months, except for certain roles where it may be extended to six months. Workers without a formal written contract retain the right to establish claims through other admissible forms of evidence, ensuring fair treatment even in the absence of proper documentation.
3. Wages and Working Hours (Articles 37-57)
The law prohibits wage discrimination on grounds such as gender, religion, or ethnicity. Working hours are capped at 48 hours per week, with reductions for Muslim employees during Ramadan. For overtime, workers are entitled to extra pay—25% above the regular rate for daytime and 50% for nighttime work. These provisions ensure fair compensation and protection against exploitation.
4. Termination of Employment (Articles 96-118)
The law provides clear guidelines for terminating contracts, addressing scenarios like misconduct, redundancy, or breach of terms. Employers must provide at least 30 days' notice, and workers dismissed unfairly—for reasons such as discrimination or trade union activities—may seek reinstatement or compensation. These measures protect workers against unjustified dismissals while allowing employers to manage their workforce effectively.
5. Leave Entitlements (Articles 58-67)
Employees are entitled to 30 days of paid annual leave after one year of service. Sick leave is granted on a tiered basis: 15 days on full pay, 20 days on half pay, and an additional 20 days unpaid annually. Female employees enjoy maternity leave of 60 days, with options for extended unpaid leave to care for their children. These provisions ensure workers can maintain a balance between their professional and personal responsibilities.
6. Protection of Workers (Articles 13-28)
Employers are obligated to provide safe working conditions and adequate facilities, especially in remote or high-risk areas. The law includes special regulations for employing juveniles (ages 15–18) and women, safeguarding them from hazardous conditions and limiting their working hours. These measures promote safety and equality in the workplace.
7. Dispute Resolution (Articles 119-121)
The Labour Law encourages amicable resolution of disputes through the "Individual Labour Disputes Settlement Authority." If disputes cannot be resolved amicably, the Labour Case Administration Office prepares cases for court proceedings. This structured approach aims to minimize conflicts and provide quick resolutions to employment disputes.
8. Penalties for Non-Compliance (Articles 72-80)
Employers face strict penalties for non-compliance, such as wage delays, unsafe conditions, or unjustified terminations. The law outlines fair procedures for disciplinary actions, ensuring workers are informed of charges and given a chance to defend themselves. This framework helps maintain accountability while protecting employee rights.
9. Additional Benefits (Articles 85-95)
The law guarantees workers injured on the job access to medical treatment and compensation. Employees are also entitled to special leave for religious obligations, such as the Hajj pilgrimage, or personal emergencies like the death of close relatives. These benefits provide workers with financial and emotional support during critical times.
Bahrain's Labour Law for the Private Sector establishes a comprehensive framework to regulate employment, balancing the interests of employers and employees. Its provisions ensure fair treatment, promote workplace safety, and offer mechanisms to resolve disputes effectively. Employers and workers are encouraged to understand and adhere to these regulations to foster a harmonious work environment. For further clarification or assistance, consulting the Labour Ministry or legal experts is recommended.
The above mentioned are some of the key articles in Bahrain's Labour Law. For a more detailed understanding, it is advisable to refer to the full text of the law or consult official government websites or legal resources. For more details visit our website!
