Get help or information on Bahrain

LEGAL SYSTEM:

The Constitution of Bahrain guarantees the independence of the judiciary.  The judicial system is divided into Criminal Courts, Civil Courts and Shari’a Courts. The Criminal Courts evidently deal with criminal matters being prosecuted by the Public Prosecution (an individual cannot file a criminal case directly against another, a complaint must be filed with the Public Prosecution, and the prosecution, after investigating, decides whether or not to prosecute a case).

The Civil Courts have jurisdiction on civil, commercial (with specialist judicial committees for labour disputes and rent disputes), and administrative disputes, along with personal affairs regarding non-Muslims. The Shari’a Courts hear cases regarding family law and Islamic personal affairs (including inheritance). The highest appellate court that lies atop each division of the judiciary is the Court of Cassation (Supreme Court).

LABOUR LAWS IN BAHRAIN:

Expatriates who are coming to the Kingdom of Bahrain to take up any employment need to follow certain regulations set by LMRA:

1. Do not work without a valid work permit issued in your name or renewed by LMRA.
2. Provide LMRA with the digital finger prints, photo and signature when entering the kingdom for the first time, or within a period not exceeding one month from the date of entry.
3. Do not leave or be absent from work for more than 15 days without the employer’s notice or permission.
4. Do not work for anyone other than the employer you are permitted to work with – as per your work permit.
5. Work only at your employer’s premises as stated in the work permit.
6. Do not engage in any part time or extra work during holidays and non-working hours except with your designated employer.
7. You have the right to change your employer after working for one year with your employer but you need to Inform LMRA and the employer of your intention to work with another employer, within the period specified in employment contract and follow the transfer procedures.
8. You have the right to lodge a grievance against any decision taken by the LMRA within 30 days of the issue of the decision.
9. Upon the expiry of your Work permit you have a 30 days grace period to either find a new employer or to leave the country, you may not take up any interim job during this period.
10. You should regularly check you status on LMRA website and keep LMRA system updated with your latest information i.e. mobile number and address.
11. Your passport is your own property if you decide to hand it over for safe keeping to any one please make sure you have an acknowledgement of receipt from the holder of the passport.
12. In case of abuse or coercion to violate any rules you are to report to the nearest police station/ and or to your embassy in the country, and report to the Ministry of Labor.
13. You have the right to receive your full salary and wages on time on the specified date in your employment contract, if not you continue to work and report this breach of contract the Ministry of Labor.
14. You should under no circumstances pay any money for your work permit or any charges for any services provided by anyone other than the official sources i.e. LMRA.
15. Abide by all rules and regulations in the Kingdom of Bahrain to ensure a safe and legal stay in the Kingdom.

WORK WEEK AND HOURS:

In Bahrain, employees work for 8 hours per day or an average of 48 hours/week. Work hours may also be extended for more than 8 hours per day, but should not go beyond 10 hours/day. However, for Muslim workers, working hours during Ramadan should not go beyond 6 hours per day or 36 hours/week. Based on Bahrain’s labour laws, work hours may be extended or shortened under certain work circumstances. Workers are entitled to at least half an hour break for prayer, meals or rest after 6 hours of consecutive work per day.

For each additional hour rendered at work per day, a worker is entitled to receive their hourly wage and an additional 25% of the said rate. Meanwhile, those who work additional hours at night are entitled to receive their hourly wage and an additional 50% of the said rate.

TRANSPORTATION:

The public transport system in Bahrain is used by many. The two prominent forms of public transport include the bus and taxi. There are a few different fares on taxis. There is a day fare, a night fare and an airport taxi available in Bahrain. The taxis all have a sticker with the fares outlined in the rear windows. Buses are cheap and still largely used by migrant workers and day labourers who cannot afford a car or taxi. The busses are air conditioned and comfortable for travel and the bus routes can be accessed on line.

PROBATION AND RECRUITMENT FEES:

A migrant worker may be employed under a probation period if expressly specified in the labour contract, provided said period does not exceed three months. Nevertheless, the probation period may be increased in the occupations to be determined by virtue of the Minister’s decision, provided said period does not exceed six months. The probation condition shall only be retained if expressly specified in the labour contract.

INSURANCE AND AIR TICKET:

Employers will have to pay contributions for their expatriate employees working in Bahrain and possibly for their dependents, if required by the employee’s contract. Contributions for foreign workers will be added to employer fees for work permits and permit renewal. Foreign workers will be fully covered by the state medical services only for emergency and primary care, and visitors will be covered only for emergency care. The contribution amounts will be announced by the Supreme Council for Health.

PASSPORT:

Ones passport must be valid in order to visit or work in Bahrain. Passport confiscation is considered an illegal practice in Bahrain

 ANNUAL LEAVE:

The Bahrain Labour law sets out the minimum requirements in employees’ contract such as 30 days of annual leave, but however the employers are free to amend such requirements for the benefit of the employee.

EMPLOYMENT CONTRACT:

Contracts of employees shall be in writing, in Arabic, recorded duplicate, one copy of which shall be retained by each of the parties thereto.  If a contract is written up in any other language than Arabic, it shall be accompanied by an Arabic version. In absence of a contract, the employee alone may establish all his rights by all methods of evidence.

DUTIES OF THE WORKER:

One should ensure they follow the Kenyan immigration laws and Bahrain laws.  They should also be sensitive to how they conduct themselves so as not to offend the people, culture or religion.

DOCUMENTATION AND REGISTRATION:

An employer or Bahrain national needs to sponsor anyone looking to obtain a Bahrain working visa. The number of visas one’s company can sponsor depends on the physical size of one’s company’s office and foreign quotas set by national regulations. The employer should handle most of the application process on behalf of the employee and must show a letter of employment, commercial registration number, the employee’s capacity, the contract duration, and more.

Other requirements include:

1. A completed visa application form
2. The employee’s passport
3. A passport-size photo
4. Copy of the contract with the employee’s name, birth date, and nationality
5. Health record from an authorized clinic
6. Proof of payment of BD 100 fee

ITEMS BANNED FROM BAHRAIN

Below is a complete list of the items banned in Bahrain:

1. All types of narcotic drugs (heroin, cocaine, hashish, pills having drug effects, etc.)
2. Used and reconditioned tires
3. Cultured pearls
4. Advertisement material for all types of cigarettes
5. Radio/ remote controlled model aircraft
6. Children’s toy guns capable of firing projectiles
7. Goods of Israeli origin or bearing Israeli trademarks or logos
8. Printed publications, photographs, pictures, books, magazines sculptures and mannequins which contradict Islamic teachings, decency, or immorality
9. Seditious or treasonable material
10. Asbestos or items containing asbestos
11. Raw ivory, ivory articles, and rhinoceros horn
12. Live swine
13. Any other items, whose importation is prohibited under Kingdom of Bahrain customs laws, or any other laws of the country

ENTRY REQUIREMENT IN BAHRAIN

All arrivals into Bahrain must pay for and undergo a coronavirus test on arrival and self-isolate until test results have been received. The fixed fee will also cover two further coronavirus tests, required to be taken on the fifth and on the tenth day after arrival into Bahrain. Those arriving via the King Fahd Causeway will not be tested but are required to provide a negative PCR certificate valid from a test taken up to 72 hours before arrival into Bahrain. From 13 May, on-arrival tests will no longer be required for fully vaccinated individuals and/or COVID-19 recoverees. Currently this will only apply to those vaccinated within Bahrain and able to show their vaccination and COVID-19 recovery status certificates via the Bahrain BeAware App.

All arrivals into Bahrain will be subject to coronavirus testing procedures, and will be required to self-isolate until test results have been received. Those who test positive will be subject to further quarantine measures and health treatment, offered free of charge, at hospital or quarantine centers. Those who test positive but are without symptoms may be permitted to self-isolate at home or at their hotel. Two additional coronavirus tests are required five and ten days following arrival, which can be booked through the “BeAware” app or by calling 444.

The Government of Bahrain has stated that anyone subjected to self-isolation/quarantine must comply or face up to three months in jail and a fine of up to 10,000 BHD. Other documents needed for entry to Bahrain include:

1. A valid Visa
2. A valid passport
3. Yellow fever certificate