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The government has called on Parliament to reconsider a proposed amendment to the 2006 Labour Market Regulatory Law that would exempt employers from paying the costs of repatriating or deporting foreign workers, warning that the change could undermine contractual fairness and the stability of Bahrain’s labour market.
The call came in a government memorandum issued after the draft legislation was referred to Parliament by His Royal Highness Prince Salman bin Hamad Al Khalifa, Crown Prince and Prime Minister.
It seeks to limit employers’ responsibility to only the expenses related to transporting the remains of deceased workers, while the Labour Market Regulatory Authority (LMRA) would bear the costs of deportation or repatriation.
The government’s memorandum sets out several legal, financial, and regulatory objections to the amendment, stating that it conflicts with long-established legal principles and the structure of Bahrain’s labour system.
The government emphasised that the draft law ‘contradicts the principle of contractual justice’, which requires employers to cover the expenses of returning foreign workers after the end of their employment, as well as the costs of returning a deceased worker’s body upon the family’s request.
“The proposed bill weakens the deterrent effect of the law and encourages employers to evade their responsibilities,” the memorandum warned, adding that it could increase the number of irregular and undocumented workers in the market.
The government also argued that the proposal breaches civil liability rules, as it would unjustly enrich employers at the expense of the LMRA, which would be forced to pay deportation costs without a legal obligation to do so.
“The LMRA’s payment of these costs constitutes an unjustified financial burden and unjust enrichment for employers,” the memorandum said.
According to the memorandum, the proposed legislation would transform the LMRA from a regulatory authority into a spending entity, assuming financial responsibilities unrelated to its legal mandate.
“The proposed bill imposes expenses that fall outside the LMRA’s jurisdiction and could disrupt the balance of the state’s general budget,” the memorandum stated.
The government also noted that the amendment diverges from labour laws across the GCC, all of which require employers to bear the full costs of deporting or repatriating workers. It cited labour laws in Saudi Arabia, the UAE, Oman, and Qatar, which all affirm the employer’s complete financial responsibility for returning workers or transporting their remains.
“None of these countries impose a permanent or partial obligation on the state to bear such costs,” the memorandum stated, describing the Bahraini proposal as “an unjustified exception” that undermines regional legislative harmony.
It further warned that transferring deportation and repatriation expenses to the LMRA would “weaken oversight and discipline” in the labour market.
“Employers could evade their financial obligations, knowing the authority will bear these costs,” it said, noting that deportation cases far exceed worker deaths, thereby increasing the LMRA’s financial
burden.
While acknowledging Parliament’s intent to ease financial pressure on employers, the government concluded that the draft law “contradicts core legal, financial, and regulatory principles.”
It hence called on legislators to reconsider the draft “to ensure fairness, sustainability, and legal consistency.”
mohammed@gdnmedia.bh
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