An employer cannot avail itself of such an agreement if the contract has been terminated or if its renewal has been refused without reasonable action on the part of the employee. The employer cannot rely on such an agreement if the employee had a legitimate reason to terminate the employment contract. 1.3 Do employment contracts require a written form? If not, does any information need to be provided in writing to employees? The employee must have reached the age of 18 at the time of the conclusion of the contract. Countries of origin can set minimum wages for their nationals through bilateral agreements, although these standards can be easily circumvented in practice. “If an employer terminates an employment contract of indefinite duration within the first 3 months from the date of its entry into force, the employee is not entitled to compensation, unless the dismissal is an unjustified dismissal. When the employer has fulfilled the first section of the contract, the recruitment agency sends the data to a specific domestic worker or to an affiliated agency abroad, where the employee can refuse or accept the employment contract while still in his country of origin. This is a positive step to ensure that domestic workers are aware of the nature of the work, the living and working environment and their salary. If you are offered a job, which in the vast majority of cases happens in the expatriate`s country, you will almost certainly sign a contract or at least a consent form. This includes terms and conditions of employment and possibly a detailed job description with an indication of responsibilities and performance standards. Upon arrival in Bahrain, you can request that this document be formalized, with an official version of the ministry in Arabic or certified by a notary, although this has few advantages.
An oral agreement is possible, but a written agreement is of course preferable. In Bahrain, your contract defines your base salary, job title, duties and responsibilities, duration of the contract and, possibly, details of the company`s reporting structure and performance indicators. An employment contract should also include the conditions of termination, including the letter of intent necessary to terminate the contract on both sides and liabilities arising from the breach of the terms of the contract. Your contract may contain the words “employment subject to obtaining the necessary authorizations”. This probably won`t cause any problems, but make sure you can get the necessary visas etc. before deciding to move abroad. Any change can only be achieved by mutual agreement. Employers are not free to make unilateral changes. 1.4 Are there clauses in employment contracts? Bahrain has sophisticated and computerized control of its workforce and specifies the occupational categories open to foreign workers.
Some professions are reserved for residents, particularly in the service sector. So you may find that your contract gives you the job title you expect, but the official version of your work visa is something else entirely. This may be due to full employment quotas or other reasons. Sometimes you have to go to the ministry after signing your contract to make sure you don`t have any complaints and cancel your work visa. A presentation of the first section of the new domestic employment contract obtained from a placement agency in Bahrain Yes, employment contracts must be registered in writing in Arabic in duplicate, a copy of which will be kept by each of the parties. When a contract is drawn up in a language other than Arabic, it is accompanied by an Arabic version of the contract in accordance with article 19 of the Bahrain Labour Code. In the absence of a written contract, only the employee can prove all his rights by all means of proof. If an employer terminates an employment contract of indefinite duration without giving reasons or for an illegal reason, he shall compensate the employee up to the salary for the remaining duration of the contract, unless the parties mutually agree on a lower indemnity, provided that the agreed compensation is not less than three months` salary or the remaining duration of the contract. what is less.. Yes, an employer is required to make a dismissal if he wishes to dismiss an employee. According to the Bahraini Labour Code, the notice period is not less than 30 days.
However, employers are required to respect a longer notice period if this has been mentioned in the employee`s contract. If the employee has not committed any of the above-mentioned crimes, he or she is entitled to compensation in the event of dismissal, which varies according to the type of contract under article 111 of Bahrain`s Labour Code, which provides that enforcement mechanisms are essential as domestic workers face many difficulties in reporting abuses or breaches of contract themselves. Most of them are confined to their employer`s home (which the contract allows) and fear reprisals from the employer. Language barriers and lack of knowledge about workers` rights and laws further limit their ability to report abuses. The Bahrain Labour Code distinguishes between dismissal without just cause and unjustified dismissal. If an employee was dismissed for discriminatory reasons, this would be considered unfair dismissal. The remuneration for each type of dismissal depends on whether the employee`s contractual duration is fixed or indefinite. If the duration of an employee`s contract is indefinite and he is dismissed without justifiable reason, he is entitled to an indemnity of two daily wages for each month of service and at least one month`s salary up to a maximum salary of 12 months` salary. If, on the other hand, the duration of the employee`s contract is fixed and he is dismissed without justifiable reason, he is entitled to compensation in an amount equal to the salary for the remaining duration of the contract, unless the parties mutually agree on a lower remuneration, provided that the agreed remuneration is not less than three months` salary or the remaining duration of the contract. depending on what is less.
Note that local labor laws apply whether you have a contract or not. A contract of employment probably takes precedence over basic labor laws if its provisions go beyond legal requirements, but you still have the protection of laws at a minimum. LMRA`s chief executive hailed the new contract as a “radical” solution to counter abusive practices faced by domestic workers. But while the contract clarifies some of the obligations of employers and recruiters, it is not enough to ensure fair and equal legal protection for domestic workers. Traditionally, most expatriate contracts have only a two-year term, but it is increasingly common for contracts to be of indefinite duration. Employers have found that they can be tied to a certain period of time if the employee proves unsatisfactory, and most contracts now have a notice period of between one and three months, or a payment instead of a layoff. Contracts can be extended or extended by mutual agreement and are often extended when all parties are satisfied with things. It is quite common for expats to stay in Bahrain for 20 years or more. .