Definition of Worker and Employer
“Worker” means any person, male or female, employed for remuneration of any kind in the service of an employer and under his control or supervision. “Employer” means any person or body corporate employing one or more workers for remuneration of any kind.
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Categories Excluded from Application of the Law
The provisions of this Law shall not apply to the following categories:
- Appointed officials and employees of the Government and of autonomous public bodies who are subject to the regulations of civil or military service.
- Domestic servants and persons regarded as such.
- Persons employed in temporary and casual work which is outside the scope of the employer’s business and for a duration not exceeding three months.
- Marine ships’ officers, engineers, seamen, and other persons whose employment contract is subject to a special law.
- Persons employed in agricultural work other than:
- Workers employed in agricultural work that processes or markets their products.
- Workers permanently employed in operating or repairing mechanical equipment used in agriculture.
- Workers performing managerial or guard duties in agricultural enterprises.
Employment of Foreigners
No employer shall employ a foreigner without a valid Work Permit issued by the Ministry of Labour and Social Affairs. Workers referred to in Article 2 paragraphs (2), (3), (4), and (5) are not exempted from the provisions of this Article.
Conditions for Obtaining a Work Card for Foreigners
A foreigner shall not be engaged in any employment without a valid Work Card issued in accordance with the following conditions:
- The employer has already been granted a valid Permit for such employment in Bahrain.
- The foreign worker has entered the country lawfully.
- The worker is in possession of a valid passport.
- The worker has obtained a residence permit.
- The worker is of good repute and behavior.
- The worker is physically fit for such employment and free from infectious diseases.
Validity of the Work Card
A Work Card shall be valid for one year and may be renewable provided that its validity does not exceed, in any case, the period of the residence permit of the worker.
Cancellation of the Work Card
The Minister for Labour and Social Affairs may cancel a Work Card in the following cases:
- Where the bearer fails to comply with any of the conditions prescribed in Article 4 of this Law.
- Where the Minister considers that the continued employment in Bahrain of the bearer competes in the labor market with national workers, provided that a Bahraini worker able and willing to perform the same work is available.
- Where the bearer is unemployed for a period exceeding one month or if he undertakes employment with an employer other than that in respect of whom the Work Permit has been issued under the provisions of Article 3 of this Law.
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