Bahrain: Parliament Calls for Regulation of Private Hospitals

The Daily Tribune, 13 November 2024: The Parliament has called on Bahrain’s health regulator to address high fees at private hospitals accusing some of creating a “false image” of quality by inflating costs – a step towards fairer healthcare for all.

The proposal has urged the National Health Regulatory Authority (NHRA) to step in and monitor private healthcare fees.

Parliamentarians have pointed out that many citizens turn to private care due to long waits at public hospitals, only to face the added strain of high costs.

The CEO of Taj Medical Group has added perspective from the private sector, noting that recent regulatory price cuts have intensified competition but could also impact standards of care.

Certain hospitals have slashed fees to unsustainable levels in an effort to dominate the market, which can compromise quality.

There is no oversight on what private hospitals charge, inflated fees risk turning fair healthcare into a luxury rather than a basic right.

He has also emphasised that any monitoring should be grounded in carefully reviewed standards to ensure effective oversight, adding that robust criteria would be essential to maintain service quality without stifling the sector.

The proposal, now approved, calls on NHRA to make certain that healthcare remains fair and accessible to all, without placing undue financial burdens on citizens.

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Bahrain: 20% Bahrainisation Rule For Tenders Approved

The Daily Tribune, 20 November 2024: The Parliament has approved a proposal requiring companies bidding for government tenders to ensure at least 20% of their workforce is Bahraini.
The measure, designed to tackle unemployment and prevent misuse of Bahrainisation certificates, passed by majority vote, though some called for a more ambitious target.
The move seeks to give more jobs to Bahrainis in service contracts, with compliance overseen by the Labour Ministry or other relevant bodies.
Backers said it is a step towards reducing reliance on foreign workers in common roles such as consultancy and accounting.
Concerns were raised about companies potentially abusing the system to appear compliant.
Investigations showed firms gaining Bahrainisation certificates just to win tenders, undermining the purpose of the rule.
The Labour Ministry must ensure proper enforcement.
One of the proposal’s backers pointed to a growing trend of contracts going to foreign firms, stating that many of these deals involve general services that Bahrainis could easily handle.
By setting a minimum 20% Bahrainisation rate, more opportunities can be created for the local workforce.
While acknowledging the challenges faced by sectors like construction, there were calls for higher rates in less labour-heavy fields.
The 20% figure was described as a starting point, with suggestions for steady increases over time.
However, some dismissed the threshold as too low, advocating for a 50% minimum to better reflect the worth and skills of the local workforce.

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Bahrain: Government Employee Guide

Al Watan News, 6 November 2024: The Civil Service Bureau has issued a guide for government employees, serving as a reference for civil servants to determine work mechanisms, incentives, and allowances, while specifying a probationary period for employees not exceeding six months.

The guide emphasises the necessity for government employees to demonstrate loyalty and dedication to the Kingdom of Bahrain and its leadership, respect the constitution and the law, comply to official working hours, avoid conflicts of interest, prohibit accepting gifts, and maintain confidentiality and refrain from disclosing data when dealing with media, publishing, press, and social media.

Additionally, government employees are obligated to maintain a proper appearance and conduct, report violations, provide testimony when required, preserve public and private property, and exhibit respect and courtesy in work relationships with superiors, colleagues, clients, and other entities.

According to the guide, newly appointed permanent civil service employees, excluding those in senior positions and their equivalents, are subject to a six-month probationary period for evaluation, starting from the date of commencing work.

For educational positions subject to school vacations, the probationary period is set as a full academic year.

If an employee fails to demonstrate competence during the probationary period, the government entity may terminate their services.

The probationary period is included in the employee’s service duration if they are confirmed after the probationary period.

The employee’s competence is assessed through monthly evaluations conducted by their direct supervisor during the probationary period, which are then submitted to the department manager and the human resources division.

The employee’s service may be terminated during the probationary period by a reasoned decision from the competent authority if they fail to fulfill their job duties.

If the probationary period ends without the employee receiving a decision from the competent authority, they are considered confirmed.

Employees have the right to appeal the decision to terminate their service during the probationary period to the Grievance Committee of the government entity they worked for.

Employees may also resign during the probationary period, provided they notify their direct supervisor in writing within five working days.

Temporary employees are subject to a probationary period if their contract exceeds six months.

If they are permanently appointed to the position they held, their temporary service duration is included in their actual service, provided it is not less than six months, and they cannot be subjected to another probationary period.

The guide allows for the transfer of employees from one position to another within the same government entity or to another government entity.

It also permits the secondment of employees between government institutions not subject to the Civil Service Law or any other institution affiliated with countries or companies in which the government holds at least a 50% stake, or to Arab, regional, foreign, and international governments and bodies.

Regarding vacancies, there is an electronic service that allows government entities to internally advertise civil service vacancies through the ‘Vacancies’ system.

Incentive bonuses may be granted to employees who provide services and research that contribute to improving work methods, enhancing performance efficiency, or reducing costs, as a form of appreciation and to improve the quality of services provided to citizens.

Performance-related bonuses include the Professional Excellence and Exceptional Achievements Bonus, the Ideal Employee Bonus, the Suggestions Bonus, and the Letter of Appreciation or Commendation.

An employee cannot receive more than two performance-related bonuses or one performance-related bonus and an incentive allowance within a single year.

An employee cannot be considered for an incentive bonus if they have previously been disciplined until the penalty is expunged.

Bonus payments are suspended for employees under investigation until the accountability procedures are completed, and if they are disciplined, they are deprived of the bonuses.

The guide also emphasises that an allowance is a monetary amount granted to an employee on a continuous basis and is not deducted during paid leave.

Allowances include periodic, social, cost-of-living, incentive, housing, special, car, transfer, clothing, and communication allowances.

A compensation, on the other hand, is a monetary amount that is not paid during paid leave and is used to meet specific requirements, such as shift, nature of work, sea travel or diving, working in the Hawar Islands, dedication, guarding, nursing, driving, and others.

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Bahrain: Proposal To Lower Business Dispute Threshold Set For Parliament Review

The Daily Tribune, 1 November 2024: Parliament is scheduled to discuss a bill that proposes lowering the minimum claim value managed by the Bahrain Chamber for Dispute Resolution (BCDR) from 500,000 to 100,000 dinars.

This adjustment would modify the Chamber’s monetary jurisdiction, potentially giving companies a faster way to settle commercial disputes.

Supporters of the bill believe this change could reduce court pressures and enhance Bahrain’s reputation as a business-friendly hub by offering businesses quicker and more accessible resolutions.

The proposal seeks to remove barriers that currently limit access to the Chamber, opening its services to a wider range of commercial claims.

By revising the jurisdictional threshold, the bill is intended to create a more accessible route for firms to resolve financial and business conflicts, thus adding another layer to Bahrain’s appeal as a place for investment.

The BCDR, however, has voiced reservations.

They argue that the bill’s goal of speeding up case resolutions may already be met through current procedures.

The BCDR operates on similar timelines to the courts, with both allowing for an initial two-month period to manage cases, which can be extended by two months as required.

The Chamber also stresses the need to balance its financial health against the costs of its services.

Fees generated from cases above 500,000 dinars form a critical part of its revenue.

Lowering the threshold could cut these earnings by 20 to 80 per cent per case, depending on the claim value, and reduce the funds available for maintaining services.

This income is essential for covering the costs of both mandatory and optional services, such as mediation and arbitration, and for allowing the Chamber to invest in future projects.

As more cases are likely to fall under the Chamber’s remit if the bill passes, the institution foresees a risk of overstretching its resources, which may strain its ability to sustain service quality at current levels.

Financial strain could hinder the BCDR’s ambitions to fund new initiatives and to preserve its standing on the regional and international stage.

Despite these concerns, the Legislative and Legal Affairs Committee has recommended the proposal, urging its approval in the upcoming session.

The committee sees this as a practical move towards making dispute resolution faster and easier for Bahrain’s business sector.

This proposal aligns with Bahrain’s ambition to refine its legal and economic systems in ways that encourage investment and development.

Should it pass, the bill will alter the process for managing economic disputes, aiming to reduce time in legal proceedings and improve judicial services within the Kingdom.

By expanding the Chamber’s jurisdiction to cover claims over 100,000 dinars, the legislation has the potential to make Bahrain an even more attractive location for businesses, while the Chamber faces the challenge of sustaining financial stability under the new arrangement.

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Bahrain: Private Sector Employers Must Notify Authorities Before Suspending Workers

The Daily Tribune, 29 October 2024: Employers in Bahrain’s private sector could soon need to notify authorities before suspending workers, and dismissed employees might get twice as long to file compensation claims, as Parliament debates new rules today.

The government’s draft law, submitted to the Council of Representatives has proposed two main updates to Bahrain’s Labour Law, introducing added checks on employers’ actions and extending protections for workers.

One proposal would require employers to notify authorities before suspending workers for serious misconduct.

Currently, employers have some discretion to temporarily suspend a worker in cases of harm or serious offences, but this adjustment would mean they must inform relevant authorities first, limiting employers’ ability to act independently in such cases.

Another proposed change would extend the timeframe for workers to file a claim after losing their job, increasing it from 30 days to 60.

Supporters say this additional time could help workers prepare stronger cases, though the government cautions that delaying claims might make it harder to gather reliable evidence and could slow the resolution of disputes.

In its memo, the government expresses concerns that these changes may disrupt the balance between worker protection and workplace stability.

Officials argue that requiring employers to notify authorities of suspensions could make it harder to handle misconduct, which might unsettle the work environment.

They also warn that an extended claim period could affect evidence quality, as time may erode details and reduce clarity in witness accounts.

The government also questions the proposed three-month cap on investigations by the Public Prosecution, arguing that it may infringe on judicial independence by imposing a strict timeline on prosecutors.

While recognising Parliament’s aim to strengthen worker rights, the government suggests a balanced approach that keeps workplaces steady.

Today’s debate may bring about changes to Bahrain’s employment laws, with these proposals potentially influencing how workplace disputes are handled in the future.

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Bahrain: Considers Laws to Protect Privacy, Family Life

Al Watan, 21 October 2024: The Foreign Affairs, Defence, and National Security Committee of the Shura Council has discussed a draft law amending certain provisions of the Penal Code, originally promulgated by Bahrain Decree-Law No. 15/1976.

This draft law was prepared based on an amended version submitted by the Shura Council.

Additionally, the committee has reviewed a draft law for the year 2019, which also amends some provisions of the Penal Code promulgated by Bahrain Decree-Law No. 15/1976, as outlined in Bahrain Decree-Law No. 83/2019.

The first draft law aims to aggravate the penalty against anyone who incites passersby in public places to immorality through gestures, words, or any other means.

The draft also includes amending Article 370 of Bahrain Decree-Law No. 15/1976, which stipulates aggravating the penalty for anyone who publishes news, images, or comments related to the private or family secrets of individuals, even if true, if their publication would harm them.

The committee has discussed the second draft law, which aims to protect individuals’ private or family life from infringement and criminalise any act that violates it, due to the misuse of social media or other means, whether by taking or publishing or broadcasting photos.

The draft also aims to aggravate the penalty for anyone who opens a letter or telegram without the consent of the sender, or eavesdrops on a telephone conversation, and to aggravate the penalty for anyone who discloses the letter, telegram, or conversation to someone other than the intended recipient without their permission, whenever such an act would harm others.

The committee has affirmed that the two draft laws aim to develop the Penal Code in line with the changes that have occurred in life in the Kingdom of Bahrain, particularly regarding the prescribed penalties that are no longer commensurate with the gravity of the innovative act, as a deterrent to the violator before committing any crime stipulated in Bahrain Decree-Law No. 15/1976.

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Bahrain: Tamkeen Recovers Support Amounts From a Number of Violating Institutions

Mubasher, 14 October 2024: The Labour Fund Tamkeen in Bahrain has recovered support amounts from a number of companies that were proven to have violated the terms, conditions, and contracts stated in the support programs.

This came after the issuance of rulings regarding a number of cases that were referred by “Tamkeen” to the competent authorities regarding a number of institutions that benefited from the support funds provided through employment support and wage support programs, as they involved criminal suspicion.

The support amounts provided in a number of these cases have been recovered, as this measure affirms Tamkeen’s commitment to the principles of transparency and accountability, and the application of necessary penalties on all violators without exception.

Violations that are detected are dealt with according to their nature. Administrative violations, such as violating support requirements, regulations, and policies in force at “Tamkeen,” are decided upon in accordance with the Regulatory Bylaw for Violations by Suppliers and Beneficiaries of Labour Fund Projects.

This is done through a number of penalties that include recovering funds, deprivation from obtaining Tamkeen support for a specific period, or both.

On the other hand, violations that involve criminal suspicions, such as illegal employment, wage manipulation, and the like, are referred to the competent security authorities for adjudication and taking necessary measures, while Tamkeen maintains the right to impose the aforementioned administrative penalties on them upon the issuance of a decision by the competent authorities.

It is worth noting that Tamkeen’s Control Team had previously announced the introduction of a control plan aimed at detecting any cases of illegal employment or wage manipulation.

A number of the Fund’s employees have also been granted the status of judicial control officers to enhance the legal frameworks followed in control and follow-up procedures and develop working mechanisms between “Tamkeen” and the concerned authorities to take necessary measures regarding the detected cases.

The number of visits carried out since the launch of the new package of programs in November of last year exceeded 4,300 inspection visits to beneficiaries of employment and wage support programs.

Tamkeen has also recently launched a page on its website to report violations as part of a comprehensive plan to improve control procedures and emphasise the activation of transparency principles and improve control.

This aims to consolidate cooperation frameworks and mutual trust between Tamkeen and all members of society, whether beneficiaries or non-beneficiaries of the provided support programs.

It also ensures that support is directed to those who deserve it and the application of the highest adopted standards for institutional control.

Tamkeen renews its call to everyone, whether beneficiaries or non-beneficiaries of support programs, to cooperate and report any violations or excesses through the designated channels, which include the dedicated page on the website www.tamkeen.bh/whistleblowing-form/, in addition to the hotline 17383383, and the email report@tamkeen.bh.

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Bahrain: Legal Consultancy Offices Accredited

Al Biladpress, 9 October 2024: The Justice, Islamic Affairs and Endowments Ministry in Bahrain has accredited eight legal consultancy offices to provide foreign legal consultations.
These accredited offices are now authorised to operate in the country, offering legal advisory services.

To obtain the licence, the firms had to submit authorisation letters, experience certificates, and details of their responsible managers and qualifications.

The registration fee for each office is 6000 Bahraini Dinars, payable through a designated payment process.
The accreditation process takes five days to complete.

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