A PROPOSAL to extend the probation period of housemaids and other domestic workers from three months to six months was approved by the Shura Council yesterday.
Members of the upper house have now referred amendments to the 2012 Private Sector Employment Law, presented by five members led by Abdulla Al Nuaimi, to the Cabinet to draft as proper law within six months.
Shura members who proposed the move said in an explanatory letter attached to the legislation that the current three-month period was not sufficient to determine if housemaids or other domestic workers were fit and qualified for the job.
The members added that the extended period would also give workers more time to understand the needs of their employers or sponsors before finalising their contracts.
Shura services committee revealed that the Labour Ministry had been approached to give feedback on the proposed legislation. However, no reply was received until the final report on the proposed bill was submitted for debate during yesterday’s weekly session.
“The new probation period gives employers/sponsors more time to evaluate housemaids and other domestic workers to ensure they are capable of handling given tasks and duties in the best way possible,” said Mr Al Nuaimi.
“Additionally, it also gives domestic workers more time to understand the jobs given to them rather than have their services terminated within 90 days if they do not meet the expectations,” he added.
“The proposed probation period is up to six months, meaning either the employer or the worker can terminate the contract at any time.”
The extension would also give employers sufficient time for decisions “if the worker refuses to do given tasks, does not match the specifics agreed with the manpower agency, is found medically unfit, or suffers from a contagious disease,” Mr Al Nuaimi added.
“The UAE and Oman’s standalone domestic workers legislation states up to six months of probation in contract which we believe should also be the case in Bahrain.
“There is no standalone law in Bahrain and the issue is handled by the Labour Market Regulatory Authority (LMRA).
“An additional insurance payment is a heavier financial burden that many families cannot afford while everyone knows that the price of bringing such workers has significantly increased.”
Shura’s foreign affairs, defence and national security committee vice-chairman Shaikh Ahmed bin Mohammed Al Khalifa said the cost of bringing a housemaid ranges between BD1,700 and BD1,800.
“The issue is not with the probation period but the employment contracts offered by manpower agencies,” he added.
“Clear, standardised contracts need to be issued so employers and domestic workers would know their rights rather than have the terms or costs dictated by manpower agencies.”
Shura’s first vice-chairman Jamal Fakhro said the opinion of the Bahrain Recruitment Society was not included in the report despite its willingness to give feedback.
“As I recall, society officials said that doubling the probation will mean higher costs for employers; we should sit and listen to them,” he said.
The current law stipulates that:
a) The worker may be employed under a probation period if specified in the labour contract, provided it does not exceed three months. Nevertheless, the probation period may be increased in occupations to be determined by virtue of the minister’s decision, provided it does not exceed six months. The probation shall only be continued if specified in the labour contract.
b) Either party may terminate a labour contract during the probation period, provided they notify the other at least a day before the termination date.
c) The same employer shall employ no worker under probation more than once.
Under the current article, if the domestic worker is sent back home, manpower agencies can only keep 25 per cent of the payment while returning the rest.
There are 78,900 domestic workers in Bahrain, according to the 2023 third quarter figures on the LMRA’s website.
Shura’s financial and economic affairs committee chairman Khalid Al Maskati questioned if the rights of both the employer and worker were respected.
“As understood, this means that employers can terminate a contract a day before the end of six months and the same for workers without there being any significant penalties.
“The legislation should focus on right guarantees whether the probation is three or six months.”
Meanwhile, Shura member and King Hamad Global Centre for Peaceful Coexistence deputy chairman Ali Al Aradi said the six months gives all necessary guarantees from the current three-month short period.
“The six months give employers time to assess performance and at the same time housemaids and domestic workers more time to adapt.
“A strong or successful work relationship takes time and here it is much needed for someone hired to do work at home or for a household.”
A vote on introducing a cap on the cost of bringing domestic workers to the country was halted by Shura last month.
Shura Council Chairman Ali Saleh Al Saleh at the time described amendments to the 2006 Labour Market Regulatory Law as incomplete and lacking cohesive information despite most members expressing their support for the move.
The on-hold legislation would oblige the LMRA, following approval by the authorities concerned, to determine the maximum cost of bringing domestic workers, depending on the nationalities.
Under the legislation proposed by the same five Shura Council members, led by Mr Al Nuaimi, manpower agencies across the country would be forced to adhere to the stipulated rate.
The agencies can willingly offer discounts but they will be prohibited from taking commission or seeking other rewards from potential sponsors/employers exceeding the pre-determined rate.
&uuid=(email))