OVER 80 per cent of cases of non-payment of wages that are reported without delay are resolved by senior labour officials, confirmed a top government official.
Most of the time, affected employees tend to wait for months before reporting the issue, which affects the swift resolving of cases, said Labour and Social and Development Ministry Under-Secretary Sabah Al Doseri.
Mr Al Doseri also urged employees to directly reach out to the ministry than resort to other agencies including trade unions, which he said, would add to the delay in solving the crisis.
“I am not telling that trade unions or other non-government agencies should not be consulted, but the first place to reach out is the ministry as we are the ones responsible,” Mr Al Doseri told the GDN.
“We have an open system and nobody would stop any employee from reaching out to the complaints or inspection sections.
“Employees must report the case within a month unless they have a written guarantee from their employer on the delay.
“We have resolved 80pc of cases within the ministry, which were reported immediately, which means, without sending them to the court.
“I personally had interfered and solved three cases on Thursday alone, among many others.”
Mr Al Doseri said that the cases that are not resolved by the ministry are referred to the court, where he cautioned of further delays.
“This delay (in court) is not intentional as legalities take its own time,” he explained.
“The best is to reach out to us (ministry) and we assure of confidentiality if they are scared.
“Soon we hope to have the bank transfer system for wages which means employees need not come to us, as we will be alerted of non-payment.”
The GDN reported earlier this month that Labour and Social Development Minister Jameel Humaidan told parliament that six private companies – with a total of 620 employees, 34 of them Bahrainis – have been referred to the Public Prosecution for non-payment of salaries.
Originally there were 2,863 employees from 18 companies who had not received their wages, some of them for six months, but the number dropped with ministry resolving problems with 12 companies.
Indian lawyer Madhavan Kallath who deals with hundreds of such cases said that the labour law offered various options to employees facing non-payment.
“The first thing they should do is report the matter to the (Labour and Social Development) ministry, who will call the employer for negotiation,” said the long-term resident.
“If they fail, then the case is referred to the court, which as per the new labour law (2012) has to be done by the employee himself, unlike in the past when the ministry used to do that.
“Employees can also go directly to the court and register the case which is another option which again leaves them with a choice to have or not have a lawyer.
“But I would recommend hiring a lawyer as at a later stage they would need one to speed up the procedures, mainly if the court orders in favour of the employee, which is to pay the money.”
However he noted that many lawyers refuse to take up cases involving small amounts, which he added could not be helped, as it was the lawyer’s personal choice.
“In such cases trade unions and embassies can help by making their lawyers available, which is the next option.
“But the embassies have their limitations as they are not permitted to contact the employers unless they have a bilateral agreement between governments like in the case of the Philippines Embassy.
“I think every embassy should follow this, so that they can better help their nationals in such disputes.”
Mr Kallath also highlighted that employees can claim compensation after resigning, if they are unfairly terminated.
“Sometimes employees are forced to resign as they are not paid which means it equates to an unlawful termination.
“In such cases, after resigning the employee can file for compensation and the application for this has to be filed within one month at the court.
“The compensation amount could be substantial, especially for long-term employees, the minimum being two days salaries per one completed month of employment.”
Meanwhile Migrant Workers Protection Society chairwoman Marietta Dias assured their readiness to support the employees with food and other amenities, if permitted.
However she reiterated her call for a solution for such problems.
“There should be a permanent solution for these cases involving non-payment of wages,” she said.
“It is not about supporting them with food or shelter, which we try to do to our best, but they have a family back home and they are here for a living,” she reminded.
The GDN reported last week that 11 employees of G P Zachariades (GPZ) Civil Engineering and Contractors were arrested for allegedly blocking a major highway during a protest over non-payment of wages in Nuwaidrat.
The company has been in the midst of pay rows since 2017.
raji@gdn.com.bh
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