Week -11

<Labour Laws>
 CILOs

C1. Discuss in detail about the specialist theories and concepts of

the ethics in engineering practice and engineering laws.
C2. Apply different engineering laws to solve legal issues to avoid
litigation, arbitration or other forms of dispute resolution.
C4. Critically evaluate engineering and construction cases to
determine if there is legal entitlement, a cause and effect analysis,
ethical analysis and reasonable damages.
Week 11: < Labour Laws >

< Bahrain Labour Laws (Private Sector) >

• Law number 23 of 1976 was the official labour law of the private sector until

2012. At 2012 the old labour law was replaced with a new labour law which

is law number 36 of 2012 ( New Labour Law).

• According to this law the employment contract will always be in writing and

will be written in two languages namely Arabic and in english.

Week 11: < Labour Laws >

< Bahrain Labour Laws (Private Sector) >

The contract will have the following details included

• Name of the employer, address and their register number of trade( CR Number)

• Employees name, and other important personal details

• The period, nature and type of the contract

• The salary decided, the method of payment and all benefits agreed upon by mutual consent

• Other details decided by the virtue of ministerial decision

Week 11: < Labour Laws >

< Bahrain Private sector Law>

• Probationary period

• An employee will be employed under a specific period known as probationary

period, which must be specified in the labour contract and period must not exceed

3 months. The period can be extended in some jobs by the ministerial decision, but

does not exceed 6 months in any case.

Week 11: < Labour Laws >

< Bahrain Private sector Law>

• Payments and other benefits

• An employer should not exclude any sort of benefits or payments from the
calculation of the wages, in the contract if it is done, this is a violation of law.
• Employer has the right to decide on what sort of payments could be
included, such as the case of phone calls, rent etc.
Week 11: < Labour Laws >

< Bahrain Private sector Law>

• Wages

•
• Wages to the employees will be paid in Bahrain currency and an agreement will be
formed between the employer and employee for the same

• If an employee is terminated in the event of dismissal then compensation must be

given to the employee and a clear description of the mechanism is given in the new
labour law.
Week 11: < Labour Laws >

< Bahrain Private sector Law>

• Working timing

• An employee is required to work only 6 days in a week. Fridays are holiday

with full pay. If any of the public holiday falls on a Friday then the employer

has to compensate the employee with one further day off.

Week 11: < Labour Laws >

< Bahrain Private sector Law>

• Disciplinary actions

• If an employer wants to take disciplinary action against an employee, there are some rules

in the new labour law to be followed. The actions include warnings, fines, suspension and

dismissal.

• If an employee wants to complain against an employer then a claim must be given to the

labour ministry and if found genuine this will be further referred to the court.
Week 11: < Labour Laws >

< Bahrain Private sector Law>

• Retirement age
•
• For both the male and female employees the retirement age in Bahrain is 60 years.
Week 11: < Labour Laws >

< Bahrain Public Sector Labour Laws >

Decision No. 51/ 2012 Promulgating the Executive Regulations of Civil Service Law issued by
Decree Law No 48/ 2010

Article 6 regarding the types of employment

Permanent employment

The employee who works full time for an unspecified period with respect to the following
controls will be
A Bahraini citizen or a nationality of Arab gulf cooperation countries

Should pass an entry level exam

The positions will be budgeted within the maximum limit of positions with the organizational
chart
Week 11: < Labour Laws >

< Bahrain Public Sector Labour Laws >

Decision No. 51/ 2012 Promulgating the Executive Regulations of Civil Service Law issued by
Decree Law No 48/ 2010

•Article 6 regarding the types of employment-Temporary employment

The employee in this case works full time for a limited period with all the benefits given for the
position and this is with respect to the following control that

The employee will be a Bahraini or a nationality of Arab Gulf Cooperation Council country.

The position shall be budgeted and approved within the maximum ceiling of positions on the

organizational chart
Week 11: < Labour Laws >

< Bahrain Public Sector Labour Laws >

Decision No. 51/ 2012 Promulgating the Executive Regulations of Civil Service Law issued by
Decree Law No 48/ 2010

Article 7

Employee will start his work only after the government entity notifies the civil service
bureau regarding the employment and approval is also required for the commencement of
work.
Week 11: < Labour Laws >

< Bahrain Public Sector Labour Laws >

Decision No. 51/ 2012 Promulgating the Executive Regulations of Civil Service Law issued by
Decree Law No 48/ 2010

Article 12

All newly appointed employees except those in the senior positions will have a probationary
period of 6 months from the day of commencement of work and for the academic employees
the probationary period is one academic year
Week 11: < Labour Laws >

< Bahrain Public Sector Labour Laws >

Decision No. 51/ 2012 Promulgating the Executive Regulations of Civil Service Law issued by
Decree Law No 48/ 2010

Article 14

Performance appraisal of all employees will be compiled by the immediate managers and will
be done atleast once in a year. The results of the appraisal mechanism will be forwarded to the
management as well as discussed with the employees. A copy of report will also be given to
the employees.
Week 11: < Labour Laws >

< Bahrain Public Sector Labour Laws >

Decision No. 51/ 2012 Promulgating the Executive Regulations of Civil Service Law issued by
Decree Law No 48/ 2010

Article 14

There is a performance management system for the appraisal of employees. The employees
immediate supervisor will monitor the employee and before atleast one month of the expiry
of the probationary period will submit a report to the management the confirmation of the
position of the employee or his termination.

The employee’s direct manager will inform the employee the confirmation of the position by
atleast 5 work days before the end of the probationary period and all his period of probation
will be added to his employee service.
Week 11: < Labour Laws >

< Bahrain Public Sector Labour Laws >

Decision No. 51/ 2012 Promulgating the Executive Regulations of Civil Service Law issued by
Decree Law No 48/ 2010

Article 14

The employee can confirm the position if the relevant entity did not notify the employee
regarding the confirmation of his position. If the employee violates duties of his job then he
can be terminated and the organization can issue a decision regarding the termination. The
employee can also resign in the probationary period by giving 5 days notice. The employee is
entitled to get all sorts of payments till the last date he works upon the termination.
Week 11: < Labour Laws >

< Bahrain Public Sector Labour Laws >

Decision No. 51/ 2012 Promulgating the Executive Regulations of Civil Service Law issued by
Decree Law No 48/ 2010

Article 15

The Bureau is having a mechanism to provide the promotion of employees if they have
reached the maximum level of the profession or in the event of termination of the employee.
The employee will not be eligible for promotion during the event of suspension or under an
investigation.

if such Employee is proven innocent or the penalty of Oral Reprimand or Written Warning is
imposed against the Employee, he shall be entitled upon promotion to have his seniority in
the newly promoted position backdated to the date when the promotion was due.
Week 11: < Labour Laws >

< Bahrain Public Sector Labour Laws >

Decision No. 51/ 2012 Promulgating the Executive Regulations of Civil Service Law issued by
Decree Law No 48/ 2010

Article 26

Working timing in government organization will be on the basis of following rules. Employee
is entitled to get all the holidays with full pay and if they are asked to work during any of such
holidays, the employee will be compensated. Female employees in public sector will not be
entrusted to work from 8pm to 7 am to have privileges for the night duty except in special
cases as prescribed by the civil service bureau.

In case the work requires long hours of stay to meet up with some emergency situations then
special work tour can be arranged for the employees to have a safety in the working
environment.
Week 11: < Labour Laws >

< Working in Multiple countries>

•The employees will have the employment rights in the country where they
normally work.

•The employee can have claim in any other place or country if they can
establish a close connection.

•These laws are normally adopted to protect the employees if they work in
multiple countries.
Week 11: < Labour Laws >

<Examples- Case studies>

1) A worker working in a well known engineering firm in Bahrain was employed with
a written employment contract in which it was mentioned that the first three
months will be his probationary period, after the completion of three months he
got another letter indicating that his probationary period is extended to 3 more
months.It is accepted by signing in the letter by the employee. Is this permitted
according to the new labour law in Bahrain. Discuss.
• According to the New Labour law which is Law no.36 of 2012 an employee can be
in a probationary period for 3 months in private sector, it can be extended to 6
months according to the ministers decision .In the case study mentioned here the
total period of probation is 9 months which will not be acceptable according to the
new labour law. Only first 3 months are mentioned in the labour contract and 6
months are not mentioned, which mean that employee is not liable to consider the
further 6 months
Week 11: < Labour Laws >

<Examples- Case studies>

• 2) An engineer who got a job in a private firm was offered additional allowance for
his phone bills while working in Bahrain, but while accepting the job offer this was
not included in the labour contract. Can the engineer claim to include the
additional allowance in his labour contract after signing the contract
•
• No, according to the new labour law which is law number36 of 2012, if there are
additional allowances which was mentioned in an oral agreement between the two
parties,It should also be in a written contract. If it is not in a written contract then
the employee cannot claim it.
 •Labour laws are also known as employment laws which
show the relationship between the employers, employees,
government and trade unions.

•Employment laws give a description about the minimally

Sum Up acceptable social conditions at which the employees are
permitted to work.

•It is the responsibility of different government agencies to

regulate the labour laws of a country.

.
Week 11: < Labour Laws >

<Exercises>
• 1) Suppose that you are working as a line manager in a public organization under
government in Bahrain. There is a newly recruited engineer in your department who
is in his 5th month of his probation . Discuss with reference to Bahrain law the
appraisal mechanism that you can conduct in your department. (cite the applicable
Bahrain law and article)
• 2) An engineer who recently graduated from a well known university in Bahrain got
a job offer in an engineering firm, upon receiving the job offer he immediately
started the work, The contract was not written in a labour contract. Is this possible
according to the laws of bahrain