BAHRAINI employers will no longer have to cover the repatriation costs of deceased expatriate workers, according to a parliament proposal approved yesterday.
They would also be relieved of all responsibilities and expenses of expatriate workers who are set to be deported.
The proposal further states that the Interior Ministry would initiate necessary procedures to repatriate the deceased, with costs footed by the Labour Market Regulatory Authority (LMRA).
The legislation also obliges expatriates to complete two years with a company before changing sponsors rather than the current one year. They would also receive a month’s grace period to complete formalities, if found in breach of labour regulations.
MPs unanimously approved the parliamentary proposed amendments to the 2006 Labour Market Regulatory Law presented by five MPs, led by Jalal Kadhem, during their weekly session yesterday.
“The legislation aims to help Bahraini employers who incur high costs for repatriating employees in the event of their death when they could be buried or cremated in Bahrain,” said Mr Kadhem.
“If their families want to bury or cremate them back home, they should bear the cost of repatriation,” he added. “Also, someone who violates the law should be deported at the expense of the state, whether dead or alive, as employers cannot be held responsible for their actions.
“And, one year is not enough to make up for the cost of bringing in an expat worker, training them and enabling them to handle tasks for another employer to benefit.”
The LMRA rejected all the suggested amendments, asserting that tough action was already being taken against employment discrepancies.
A total of 4,811 foreigners were deported between January and November last year for work violations, it said.
The legislation has been backed by the Bahrain Chamber of Commerce and both labour union federations.
The National Institution of Human Rights also gave them the green light indicating that the proposed amendments did not breach human or international rights.
It will be now drafted into proper legislation by the Government and referred back to Parliament and the Shura Council within six months.
Meanwhile, a Government intervention has put a proposed legislation to stop businesses fully owned by expatriates from receiving support from Bahrain’s labour fund on hold for two weeks.
Parliament was set to debate and vote on amendments to the 2006 Labour Fund Set-up Law which would deal a blow to companies that were 100 per cent owned by foreigners, by making them ineligible for Tamkeen’s training support initiatives, schemes and programmes.
Under the legislation, all allocated spending would be restricted to businesses with Bahraini shares or stocks.
Cabinet Affairs Minister Hamad Al Malki, who is politically responsible for Tamkeen, asked MPs to give the matter time, because there were further amendments that they had on hand.
Parliament’s services committee chairman MP Mohammed Al Hussaini conveyed the message, saying that an agreeable format could be in the works.
This caused uproar from several MPs who shouted it was a way to ‘kill the legislation’.
The Government has earlier called for a rethink, asserting that Tamkeen’s initiatives target Bahraini workers and their development, growth and promotion within foreign businesses and enterprises that are authorised through local commercial registrations (CRs).
“Tamkeen is supporting establishments in Bahrain and not in any other country,” the government said, in writing. “The move contradicts the set-up of Tamkeen and its goals of supporting the national workforce.
“It would lead those fully-owned foreign establishments to not consider citizens for jobs and this harms our Bahrainisation drive.
“This also contradicts Government policy as we are seeking to boost financial growth and attract Arab and international capital.”
The government added that the proposed move would be unfair. “All expat-owned businesses make payments to the Labour Market Regulatory Authority (LMRA) for the foreigners they hire,” the government pointed out. “In return, they expect support for wages, allowances and training given to Bahraini recruits, similar to the help we offer to any other Bahrain-registered commercial entity, fully-owned by Bahrainis or partially-owned by foreigners.”
Meanwhile, Tamkeen told MPs in writing that the amendments, if implemented, would also deal a blow to the national economy. “We support Bahrainis in commercial establishments regardless of its ownership,” it said.
“This restriction will not help create job opportunities; it may reduce them as those establishments wouldn’t reap benefits for hiring or promoting Bahrainis on par with expats.”
The Industry and Commerce Ministry revealed that there were 75,931 active CRs fully or partially owned by foreigners until October 2023.
It also highlighted that 456 CRs had been cancelled for varying violations between 2021 and 2023, which the ministry stressed showed market stability through current legislations. However, the ministry said it had no jurisdiction to give opinion on the proposal, asking MPs to refer to the Government’s stand.
The Bahrain Chamber backed MPs’ amendments while also calling for a comprehensive review of the current support system. Parliament’s services committee has recommended giving the legislation the go-ahead.
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