THE Cabinet has expressed strong reservations about a proposed draft law submitted by Parliament that would prohibit domestic workers from transferring to jobs outside of the sector, even after their employment contract ends.
The motion seeks to amend Article (25) of the 2006 Labour Market Regulatory Law.
In a detailed memorandum, the government outlined five major objections – reflecting constitutional, legal, economic and international concerns – about the proposed changes.
It argued that the draft law fails to address a genuine legislative vacuum, noting that current regulations already restrict domestic workers from changing professions during the validity of their permits.
Data shows that legal transfers to non-domestic sectors are rare and typically occur after the permit or contract expires. The government stressed that new legislation should only be introduced when there’s a clear regulatory need, which is absent in this case.
The memo also warned that the draft law may infringe on fundamental constitutional rights, particularly the freedom to choose one’s profession and the principle of freedom of contract.
By preventing domestic workers from switching to other jobs even after their contracts end, the law would impose a form of forced labour, only permitted under extreme circumstances by Article (13) of the Constitution.
The government also pointed to inconsistencies between the draft law and other Bahraini laws, particularly the 2012 Private Sector Employment Law, which prohibits discrimination based on occupation.
The proposed changes would create unjustified legal disparities between domestic workers and other foreign workers, despite their equal legal standing under the current labour framework.
The proposed restriction may place Bahrain in violation of its international obligations, including International Labour Organisation Convention No. 111 on non-discrimination in employment. Limiting job mobility based solely on occupational category could be seen as discriminatory and may harm Bahrain’s international reputation and labour rights record.
Finally, the government emphasised that the law contradicts the goals of Bahrain’s labour market reforms, which are centred around flexibility, efficiency and fairness. Restricting mobility could increase the number of undocumented workers and hinder efforts to reduce irregular employment.
The government urged MPs to reconsider the proposed amendment, warning that it may harm constitutional freedoms, legal coherence, and labour market stability.
mohammed@gdnmedia.bh
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