WITH the creation of the Labour Market Regulatory Authority (LMRA) and the associated legislative requirements for employers, I was surprised to discover that some Bahraini employers have already started cheating the system.
I recently inquired about a ‘part-time’ position dealing with real estate. I was informed that actually it wasn’t part-time at all, and was just described that way to get around the LMRA requirement for sponsorship!
On top of that, if the required working hours cannot be completed during the week, they could be completed on weekends.
There was no basic salary, commission was 10 per cent for each villa let out, and the unfortunate person taking the job would also have to do all the office administration.
So, apart from attempting to operate outside the law, the job conditions were equal to bonded labour. Only a fool or a desperate individual would consider such an employment, under such conditions.
Is there no legislation in this country that protects workers’ rights in such situations? And what is the situation with the LMRA in relation to part-time work?
GHH
AN LMRA spokesman said: “There is absolutely no legal way for a foreigner/expatriate to work in Bahrain without a valid work permit/work visa, regardless of the nature of work or the number of weekly working hours.
“Employees must not engage in any work for any employer other than the one mentioned on their work visa, nor should they do jobs other than the one mentioned on the visa.
“If an employee changes occupation or gets promoted within the same company or organisation, the employer must apply for an occupation change at LMRA, so we can amend the work visa accordingly.
“Spouses and other dependents should not take employment (part-time or full-time) while on a family visa. A proper work permit/work visa must be obtained before engaging in any type of work for any employer.
“Article 36 of LMRA law (Act 19 of 2006) has imposed severe penalties to deal with any violation, which will be applied. These include heavy fines and/or imprisonment. They will be applied to both violators (the employer and employee)
l Article (36) – Penalties
Without prejudice to any severe penalties stipulated under the penal code or any other law, any person who violates the provisions of paragraphs B and C of Article 23, 28 and 30 of this act, shall be sentenced to imprisonment of not less than three months and not exceeding one year, plus fine of not less than BD1,000 and not exceeding BD2,000, or either of these penalties.
In the case of habitual offenders, the penalty shall be imprisonment for not less than six months and not exceeding two years plus fine of not less than BD2,000 and not exceeding BD4,000.
Penalties for contravention of the conditions of permits for domestic workers or the likes shall be considered as an aggravating factor. Under all circumstances, the penalty shall be reciprocal to the number of employees related to the crime in issue.
In the event of conviction, the court may order the cessation of business of the convicted person, or the closure of his premises for a period not exceeding one year. If the offence is repeated, the court may order the cancellation of Commercial Registration.
“We encourage everyone to stay legal and read the law, published on our website (www.lmra.bh/en/content.php?id=14).
“If the reader is willing to register this as a formal complaint against the alleged offender/employer, we will be glad to deal with it confidentially. Our number is 17506055. And e-mail is call@lmra.gov.bh.”