MPs push to give employers a lifeline for work permit renewals

TDT | Manama                                                      

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Missed Work Permit Renewal Deadline? Missing the renewal deadline for a work permit can have serious consequences, potentially leaving workers in an illegal status. However, Bahraini parliamentarians believe they have a solution to this unintentional oversight.

A proposal scheduled for discussion in the upcoming parliamentary session suggests granting employers a 30-day grace period to renew work permits.

The government, however, opposes the idea, labelling it unnecessary, given that employers already receive a six-month advance notice regarding renewals.

This stance comes with a cautionary note from the Ministry of Labour, which warns that administrative fines will apply to any employer found in breach of the law, including those employing domestic workers.

On the other hand, the Bahrain Chamber of Commerce and Industry supports the bill, stating that it benefits employers.

Penalties and Legal Basis

Parliamentarians assert that Tuesday’s discussion aims to help employers avoid penalties outlined in Article 36 of the Labour Market Regulatory Law No. 19 of 2006.

Citing Clause (d) of Article 13 of the Constitution of the Kingdom of Bahrain, they believe the proposal could reduce the number of legal actions against employers. According to MPs, providing employers with additional time could prevent inadvertent violations that may disrupt business activities.

Contradictions and Concerns

The government contends that the MPs' proposal contradicts the core objectives of the Labour Market Regulatory Law, which prioritizes Bahraini workers. Additionally, the government emphasizes that fees collected under this law fund training and employment programs for national workers.

They also warn that the proposal could lead to practical challenges, including an increase in informal employment. Furthermore, the government argues that the grace period could hinder hiring processes while permits are being renewed.

Additionally, foreign work permits are already regulated by Decision No. 76 of 2008 and its amendments, which govern permit renewals.

LMRA Statistics

The Labour Market Regulatory Authority (LMRA) notes the difficulty in tracking delayed renewals, as renewal status fluctuates daily and hourly.

Each work permit expires after a set duration, after which the worker may leave the country, apply for a new permit with a different employer, or continue working legally in other permitted scenarios.

As such, accurately quantifying expired permits awaiting renewal is practically unfeasible.

Support from the Chamber

The Bahrain Chamber of Commerce and Industry, in agreement with the MPs, also suggested additional legal amendments on the issue.

They recommended a review of the employer notification system at the authority and advocated for a graduated approach to penalties for employers.