A new legislation that will give employers more flexibility while rectifying their situation in cases of non-compliance with work permit procedures or renewals was unanimously approved by MPs yesterday.
MPs took the retrospective vote on a royal decree issued by His Majesty King Hamad during the National Assembly’s recess in September, amending the 2006 Labour Market Regulatory Law.
Present was acting Labour Minister, Labour Market Regulatory Authority (LMRA) board chairman and Legal Affairs Minister Yousif Khalaf.
“The last known employer is legally responsible to settle any violation and send the expat worker back home,” said Mr Khalaf, in response to queries by Parliament Speaker Ahmed Al Musallam.
“The settlement is only allowed once and is not open for repeated violations.
“An employer could spare himself from all such costs by paying minimal fees for insurance,” he added.
“Embassies are foreign entities and have nothing to do with violations committed by individual nationals in Bahrain.”
The decree highlights paragraph (b) of Article (23) which prohibits companies from employing a foreign worker without a valid work permit. It further adds that such offences can now be corrected by an employer by paying a fee of BD500.
However, if the violation is repeated, the fee will increase to BD1,000.
If a company is found employing an expatriate with expired work permit, the reconciliation fee will vary in different stages – BD100 if the violation is detected within 10 days of the permit’s expiry, BD200 if it’s detected between 10 and 20 days, and BD300 between 20-30 days. After a month, the minimum statutory fine for the offence applies.
Additionally, the amendments allow reconciliation for an offence stated in paragraph (a) of Article (23), which is foreigners working in the kingdom without a valid work permit, with a correction fee of BD500 for first-time violations.
The amendment also extends the reconciliation period from seven to 14 working days to facilitate the rectification process.
LMRA chief executive Nibras Talib said, during the session, that Bahrain has 30,000 illegal expat workers, according to latest statistics.
“Around 45,000 expat workers have been deported or seen their status rectified,” he added.
“We are working with relevant authorities to tackle issues of the 30,000 as we have increased our inspections by 120 per cent.
“There were 48pc businesses in violation and 45pc violating labourers, but this has dropped sharply this year because local businesses are committed.”
He added that 3,000 violating expat workers were arrested this year.
“These amendments aim to provide employers with flexibility in rectifying their situations in cases of non-compliance with work permit procedures or renewals, encouraging adherence to laws and regulations, and reducing the incidence of illegal employment,” said Mr Talib.
“Employers are also given the opportunity to rectify the status of their workers by obtaining the necessary permits, contributing to the sustainability of business operations.”
Parliament financial and economic affairs committee chairman Ahmed Al Salloom, who is also Small and Medium Enterprises Society chairman, said the fines remain high for small and medium enterprises.
“SMEs are already being faced with huge financial burdens to stay alive and the fines compound their misery.
“Lower fines through settlements help out, but they have to be lowered further,” he said.
mohammed@gdnmedia.bh
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