Reducing penalties for ‘violating employers’

TDT | Manama                                                    

The Daily Tribune – www.newsofbahrain.com

In a bid to foster a more employer-friendly legislative landscape, Representative Jalal Al Mahfoud has proposed a significant amendment to Clause (A) of Article (36) of Law No. (19) of 2006, which regulates the labour market.

The proposal, as outlined in the explanatory memorandum, seeks to streamline and moderate penalties for violating employers. The key focus is on reducing the prescribed penalty to a manageable fine, aiming to rectify legal discrepancies without unduly burdening employers.

The revised penalty structure requires the violating employer to transfer the worker promptly by issuing a work permit within 15 days of detecting the violation. This innovative approach emphasizes the dual goals of penalising the employer while facilitating the legal transition of the worker.

According to the memorandum, the proposed fine is set at BD100 if the employer commits to transferring the worker and securing a work permit. This reduction is strategically designed to encourage employer compliance with laws, acting as a deterrent against illegal employment practices.

The underlying philosophy is to correct violations and make them legal, recognising employers as integral contributors to economic development.

Fines and suspension

The proposal extends its reach to paragraphs (D) and (D) and articles (28) and (30), aiming to cap fines at a maximum of BD500.

Additionally, the amendment suggests a 15-day suspension of the establishment’s work activity to further enforce legal rectifications. Highlighting the economic implications, the memorandum underscores the potential financial losses incurred by businesses facing work suspension. By compelling employers to abide by laws and acquire necessary permits and licenses, the proposal aims to strike a balance between enforcing legal norms and considering the economic role of employers.

In essence, MP Al Mahfoud’s proposal aligns with broader objectives — acknowledging the crucial role of employers in economic development and prioritizing the correction of legal conditions. As this legislative initiative takes centre stage, it aims to create a more equitable and conducive environment for both employers and the workforce in Bahrain.