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Proposed Law Aims to Deter Companies from Abusing 'Tamkeen' Funding by Requiring Repayment for Unfair Dismissals of Bahraini Employees

TDT | Manama     

The Daily Tribune – www.newsofbahrain.com

The Services Committee of the House of Representatives is reviewing a proposed law that would require companies to reimburse any funds received from the Labour Fund "Tamkeen" for the purpose of employing Bahrainis, in cases where the company unfairly dismisses those Bahraini employees.

The explanatory memorandum accompanying the proposed law states that it aims to establish greater social justice and prevent the misuse of Article 110 of the Labour Law in the private sector by some employers, which undermines social justice.

The memorandum highlights that "Tamkeen" actively supports various commercial activities to encourage the employment of Bahrainis.

However, the use of Article 110 to terminate the contracts of Bahraini employees without valid reasons presents an opportunity for some employers to profit from "Tamkeen" without adhering to the intended goals of the support.

The memorandum cites instances in previous years where companies have terminated the employment of Bahrainis who were supported through "Tamkeen," necessitating a deterrent to prevent such incidents from recurring.

The proposed law would require employers to reimburse any funds received from "Tamkeen" for the purpose of employing Bahranis if they fail to retain the Bahraini employee under any circumstances deemed justifiable by the Ministry of Labour.

This legal deterrent would discourage employers from profiting unfairly from "Tamkeen" and would prevent the termination of Bahraini employees' contracts in cases where it is not warranted, according to the legal framework.

The proposed law was signed by MPs Basma Mubarak, Mohammed Al Ahmed, Hanan Fardan, Hisham Al Awadhi, and Mohammed Al Husaini.