Zahra Habib
The deportation costs are borne by the new employer in the event that the violating worker is seized
Legal responsibility is determined according to the violation site and not to exempt the worker from accountability
A specialized inspection team to monitor illegal practices in the domestic labor market
We urge the community to report the violating institutions through the authority’s website or the communication center
The Director of Business Owners’ Services Department at the Labor Market Regulatory Authority, Hassan Al Rahma, explained that the Labor Market Regulatory Authority set the triple contract with the aim of organizing the relationship between the three parties (the employer, the home worker, and the employment office), indicating that the contract is the reference to which it is referred to in the event of a dispute or a dispute between the parties.
Al Rahma said, in an interview with “Al -Watan”, that the authority is following the labor market to address cases of leaving work and joining another work without a permit, through a specialized and trained team, working on monitoring, documentation, and setting any violating activity, with a focus on institutions that practice the activity of domestic workers supply agencies with the temporary contract system (at the hour, day or month) without a license, and during the joint campaigns with the Ministry of Interior, the violation of the violation is controlled And take legal measures against them.
He stressed the need to deal only with offices and agencies licensed by the authority, in order to preserve the safety of society, and to reduce any illegal practices, such as leaving work or entering a security or inappropriately required employment to homes, which may pose a threat to public health and security.
He added that the recovery costs when the worker moves to a new employer after the end of the experiment period is not legally permissible, as the amounts paid are recruitment fees and not acquisition or purchase fees, which may raise suspicion of trafficking in people. The following is the text of the dialogue:
What are the most prominent items included in the triple contract for domestic workers in Bahrain?
– The Labor Market Regulatory Authority has set the triple contract with the aim of organizing the relationship between the three parties (the employer, the home worker, and the employment office), through which the relationship and responsibility of each party is clarified, to serve as the reference that is referred to in the event of a dispute or dispute between the parties, where the contract clarifies the need and responsibility of each party towards the other party.
The contract includes three sections: The first section: the presentation of the work and the description of the required factor and its work, where the employer determines the required skills, and determines the nature of the responsibilities that the worker will do, such as caring for children, or the elderly, the size and nature of the work.
The second section: the recruitment contract, the relationship between the employment office and the employer, and the obligations of each of them, and when the responsibility of each party begins and ends, in addition to the provisions related to the period of experience, leaving the work, and the expiration of the contract period.
The third section: the work contract, where it clarifies the obligations of the employer and the worker alike, and the legal provisions that regulate the relationship between them.
The contract also holds the employment office responsibility, in the event of a breach of the conditions during the period of the experiment and its duration of 3 months as a minimum, as it is required to compensate the employer, either by replacing the worker with another with the same specifications or annulment of the contract and returning all expenses without deduction, in the event that the office violates his obligations towards the employer.
Thus, we see that there is a clear contracting basis that shows the nature of the needs of the employer and the required skills from the home worker, so that the office takes it, all parties are obligated to sign the contract in advance, so the worker is fully aware of his responsibilities before he came to the Kingdom, which limits any disputes later.
Why do most of the requirements in the triple contract focus on the employer, while the duties of the home worker are limited to doing work only?
– The tripartite nodes are designed in a balanced manner to be a clear reference that regulates the relationship between the various parties to the work, which can be referred to when needed, in a way that contributes to the continuity of contractual relations for the longest possible period, and through which rights and duties are thoroughly and transparently.
In the contract, we have been keen to build the relationship between the parties in a clear and proactive way to ensure their stability and continuity, through the requirement that the employer includes all the skills, responsibilities and the size of the required work from the worker, and obliging the employment office to present all the details to the home worker and explain it to him before signing the contract, which enhances the chances of success and stability in the contractual relationship and reduces the reasons for the dispute.
As for the concentration of some requirements on the employer, it does not mean that it is loaded with additional burdens, but rather it is an organization of what exists in the first place, such as the commitment to providing housing, food, providing safety means, and paying the wage on its specified date, which are natural obligations in any contractual work relationship, as well as for the duties of the home worker, it is also specific to the performance of the agreed work, which ensures the clarity of its role and the limits of its responsibility, which helps in Reducing the differences and the speed of their solution if they occur.
Why does the contract not include any item that obliges the worker to cover the cost of his ticket in the event of leaving the work or “escape” from the employer? And why does the worker not bear any responsibility?
– The tripartite contract organized the costs of the return of the worker, in accordance with the laws and legislations regulating the work in the Kingdom of Bahrain, including the provisions of Law No. (19) of 2006 regarding the regulation of the labor market and its amendments, so the last employer holds responsibility for covering the expenses of the return of the foreign worker, according to the text of Article (27) item (a) on:
(The employer – the latter – is obligated to use the foreign worker to bear the expenses of his return to the authority determined by the work contract, and if the contract does not specify a specific party, the employer bears the expenses of returning the foreign worker to the authority to which he belongs with his nationality, after the end of the work relationship or the end of the work permit).
In the case of the regular relationship, the employer bears the expenses of returning the foreign worker to his country, at the end of the contractual relationship, but in the event that the work is left in violation of the conditions of the permit, and a seizure works for another employer without a license, the responsibility rests with the last employer who seized the worker with him.
Consequently, covering the costs of return is related to the legal responsibility site and not to exempt the worker from responsibility, as other legal measures are taken against him according to the nature of the violation.
What are the financial rights of the worker when his contract expires? How is it calculated instead of the end of service if it is less or more than two years?
– The financial rights of the worker are specific in the triple contract, and are based on Law No. (36) of 2012 to issue the Labor Law in the private sector, which includes:
End of service bonus, where the home worker is entitled to the completion of his work contract, a reward for half a month for each of the first three years, and a month is paid for each of the years after it.
Get a fee for the annual leave, if he does not get it during his service period.
Ensure that he receives all his fees due during the service period.
What are the procedures available for the employer if the domestic worker suddenly leaves work?
– The authority has set a number of regulatory procedures that ensure the preservation of the rights of the parties to the work, in the event that the worker is left to work in violation of the conditions of the permit, the employer must directly submit a notification with the Labor Market Regulatory Authority, which in turn addresses the relevant government agencies, especially the Ministry of Interior.
In the event that the worker is seized, the employer is contacted to complete the legal procedures. Note that if the worker is seized, he works for another employer without a job permit, then the legal responsibility, including the cost of deportation, is the responsibility of the last employer who has seized the worker with him.
The triple contract also obliges the office of domestic employment employment to compensate the employer in the event that the home worker is left to work during the period of the experiment (which is 3 months from the beginning of the work), and in the event that the office does not respond, the employer is advised to communicate with the Department of Business Owners’ services in the authority to take the necessary measures.
There are cases of home workers who left the employer and work in unofficial ways or in other works? It is published in Social Media What are the monitoring procedures?
There is no doubt that leaving domestic workers to work is a worrying matter for employers, and therefore government agencies, including the Labor Market Regulatory Authority, are keen to deal with it in accordance with the legal legal procedures.
To address the cases of leaving work and joining another work without a permit, the authority follows up the labor market through a specialized and trained team that works on monitoring, documentation, and controlling any violating activity, with a focus on institutions that practice the activity of the supply agencies of domestic workers with the temporary contract system (in the hour, day or month) without a license by the authority, and during the joint campaigns with the Ministry of Interior, the violating labor is controlled, and the violators are referred to the authorities The competent and take legal measures against them.
We renew the importance of community cooperation with government efforts, by reporting any violations related to unlicensed institutions or irregular employment, by serving the labor market violations, filling the electronic form on the authority’s website, or calling the authority’s communication center 17506055.
We also call to take advantage of the legal alternative to meet the needs of citizens and residents of domestic workers in the watch system, through licensed employment supply agencies, whose list can be found on the website www.lmra.gov.bh.
We stress the need to deal only with offices and agencies licensed by the authority, in order to preserve the safety of society, and to reduce any illegal practices, such as leaving work or entering a security or inappropriate employment in the house, which may pose a threat to public health and security.
Who bears legal responsibility if the worker who left his work committed crimes?
– Criminal responsibility falls on the one who committed the crime, that is, the worker himself, pursuant to the principle of the personality of the punishment, and with regard to leaving the work, it is an obligation on the employer to notify the authority of cases of leaving his work in violation of the conditions of the permit.
Why is there no mechanism to recover recruitment costs, especially when the worker moves to a new employer?
The employer can recover the cost of recruitment of the home worker in a number of cases organized by the triple contract for domestic workers.
According to the terms of the contract, the office of domestic employment employment is obligated to compensate the employer in exchange for the recruitment/ government fees service, in the event that the worker is returned during the period of the experiment (which is not less than three months since the date of joining the work), due to his lack of health fitness, or a prepared disease, or if he refuses to work, or does not conform to the agreed specifications, in these cases the office is obligated to either replace the worker with another with the same specifications Detach the contract and return all expenses without deduction.
In the event that the worker is returned – by the employer – during the experiment period for other reasons that are not related to the above, the office is obligated to either replace the worker with another with the same specifications, or to cancel the contract and return the expenses according to the agreed percentage, provided that the deduction rate does not exceed 25%.
On the other hand, the recovery costs when the worker moves to a new employer after the end of the experiment, is not legally permissible, as the amounts paid are recruitment fees and not acquisition or purchase fees, which may raise suspicion of trafficking in people, and therefore the law was keen to balance the rights of the employer and the worker.
The employer can enhance the protection of his rights through optional insurance on domestic workers, whether in the event of direct recruitment or via an intermediary, as the insurance covers a number of cases and provides compensation for the employer in a number of cases.
How can the employer protect himself from material losses if the worker leaves the work shortly after recruitment?
– The employer can protect himself from material losses and reduce them through the optional insurance system for domestic workers – as we indicated – which was launched in coordination between the Labor Market Regulatory Authority, the Central Bank of Bahrain, and the Bahraini Insurance Association.
What is worth noting is that optional insurance is not limited to leaving work in violation of the conditions of the permit, but rather includes compensation in the event of injury and inability to work, as well as in the event of death, including covering the costs of transferring the body to the worker’s home, and various packages have been provided at different prices and periods to suit the capabilities and needs of various business owners.
Why is it allowed to amend the conditions of violating workers with ease, despite the submission of reports to leave work against them?
– It is not possible to correct the conditions of the employment that leaves the work in violation of the conditions of the permit, unless it submitted a continuous to the authority and proves that the report submitted against it is not valid or if the employer agrees to raise the dangers, but in otherwise, it is not possible to correct the status of the worker, and the deportation from the country is the procedure followed if it is seized.
If the worker is caught during an inspection campaign, why is it not legally suspended if there is no ruling issued against him?
– In the event that the worker is seized in violation during the inspection visits or arresting him during the joint inspection campaigns with the security authorities, the legal action is taken in both cases, and the case is referred to the Public Prosecution to take legal measures.
How does the violating domestic workers that operate outside the framework of work affect social and economic security?
– There is no doubt that the presence of irregular employment has negative social, health and security negative effects, therefore, we are always keen on inviting society, from citizens and residents, to support government efforts through not dealing with irregular employment that does not have a good work permit, and adhere to the list of employment offices and supply agencies that are provided with the temporary contract system (hours, days, months and years).
The list can be found, through the website of the Labor Market Regulatory Authority, www.lmra.gov.bh, before dealing with any party, in order to preserve the rights and safety of citizens and society, especially since the records of these offices and agencies are subject to continuous follow -up, which gives the public a higher degree of safety.
We renew our public invitation to report any complaints related to the irregularities of the labor market and the irregular employment, by filling the electronic form on the authority’s website, or calling the authority’s call center 17506055.
What are the legal procedures available for accounting individuals or unlicensed offices that deal with violators?
– The authority deals seriously with the violations related to the operation of domestic workers in illegal ways, as legal measures are taken against individuals or unlicensed offices when they are proven to deal with a violation employment or employ them without obtaining the necessary licenses.
The procedures include referring violators to the competent judicial authorities, imposing fines, closing the facility or withdrawing licenses in the event of a repeat of the violation or committing severe violations.
