The Labor Market Regulatory Authority revealed that its database showed cases of leaving work in violation of the conditions of the work permit by the two categories of workers in the commercial sector and domestic workers and the like, who were notified about them by the employers in accordance with the procedures in force in this regard from the beginning of the sixth legislative term until the date of February 11, 2024, as follows: 1,337 cases of leaving work, and their percentage of valid permits is 0.2%, amounting to 562,593 work permits.
Regarding the number of unemployed workers who have obtained flexible visas since the beginning of the sixth legislative term, the authority stated that it was decided to stop issuing permits to foreigners for flexible work in October 2022, that is, before the beginning of the sixth legislative term in December 2022, and at that time the situation of irregular workers in the Kingdom of Bahrain was corrected through options. The following: leaving the Kingdom voluntarily or deportation as the case may be, or joining work for an employer if the conditions for issuing work permits for the foreigner as a foreign worker are met, or registering in the labor registration system.
As for the measures taken to develop serious and strict measures, solutions, or plans to combat cases of abnormal flight of foreign workers and domestic workers in the recent period, the Labor Market Regulatory Authority stated that it has many procedures in place in the event of leaving work in violation of the conditions of the work permit, and procedurally in the case of leaving. The foreign worker works in the commercial sector for the employer in violation of the conditions of the work permit issued for him. The employer must notify it of that worker in accordance with the provisions of Article (1) of Resolution No. (77) of 2008 regarding the employer’s obligations in the event that the foreign worker leaves work for him in violation of the conditions. The work permit, and accordingly, it verifies the validity of that notification within 30 days so that it can take action to cancel the permit issued regarding the worker in accordance with the text of Article (2) of the same decision based on that notification and include the data of the violating worker by leaving work in the list of workers who do not meet the conditions. Issuing work permits in accordance with the provisions of Law No. (19) of 2006 regarding regulating the labor market for a foreign worker’s violation of the obligation not to leave work in circumstances other than those stipulated by the law or without the permission or approval of the employer for a period exceeding 15 continuous days stipulated in Clause (3) of Article (8) of Resolution No. (76) of 2008 regarding regulating work permits for foreigners other than the category of domestic workers, resulting in the lack of conditions for issuing a work permit for the person of that worker in the future in accordance with the provisions of Article (2) of the same decision in terms of the lack of conditions for issuing A statement regarding the violating foreign worker, as an administrative penalty for his failure to comply with the law.
She added that the solution is also procedural for the domestic worker in the event that he leaves work for the employer in violation of the conditions of the work permit issued for him. Once the employer notifies the Authority about the domestic worker leaving work for him in violation of the conditions of the work permit, the Authority verifies the validity of the notification and if it is valid, the work permit is canceled in accordance with According to the provisions of Article (9) of Resolution No. (4) of 2014 regarding regulating the permits of domestic workers and the like within five days after verifying and verifying the authenticity of the notification about the domestic worker leaving work for the employer in violation of the obligation stipulated in Clause (3) of Article (8) of The same decision and violating the conditions of the work permit and after canceling the permit results in an administrative penalty not meeting the conditions for issuing a work permit in the person of the domestic worker in the future stipulated in Article (3) of the same aforementioned decision, especially Clause (6) thereof.
The authority explained that it is exercising its supervisory role assigned to it by law to verify the extent of compliance by those subject to the provisions of Law No. (19) of 2006 regarding regulating the labor market and controlling violations of the law that occur by employers and violating foreign workers, including those who left work in violation of the conditions of the work permit, through inspection. Those subject to the provisions of the law, through the Authority’s inspectors in accordance with what is stipulated in Article (34) thereof, and based on those procedures, it shall detect violations criminally punishable under Article (36) of the law that occur in workplaces and establishments, write reports regarding them, and then refer them to the Public Prosecution in accordance with the provisions of Article (34) of the law.
This came in her answer to a parliamentary question submitted by Representative Ahmed Qarata regarding the number of workers and domestic workers who have fled since the beginning of the sixth legislative term.
The Labor Market Regulatory Authority confirmed that, throughout the year, it confronts violating workers, including those leaving work in violation of the conditions of the work permit, and takes criminal procedures leading to a criminal trial, which may end with the violating worker being sentenced to a fine and deportation from the Kingdom, in addition to the existing cooperation and coordination to implement joint inspection campaigns with government agencies. Other concerned parties to confront and combat illegal workers.
With regard to legal procedures against those proven to be involved in the smuggling of foreign workers and domestic workers from their employers, the Authority stated that while carrying out inspections and verifying the application of the provisions of Law No. (19) of 2006 regarding regulating the labor market and its amendments and the regulations, regulations and decisions issued in implementation thereof, it enters places Work, branches and offices of employers, supply of workers, employment offices and others who employ foreign workers in order to verify the extent of compliance with the provisions of the law in accordance with the procedures stipulated in Article (34) of the law and the provisions of Resolution No. (74) of 2007 regarding inspection of those subject to the provisions of the Labor Market Regulation Law. And its amendments, it happens that the foreign worker or domestic worker who leaves work in violation of the conditions of the work permit is caught practicing work without a permit in violation of the provisions of Paragraph (A) of Article (23) of the law with an employer who employs him without a permit in violation of the provisions of Paragraph () of Article (23) and the penalty is According to paragraphs (a) and (b) of Article (36) of the aforementioned law, legal measures will be taken against them and against whoever is proven to have participated with the violating employer in employing that worker in violation of the provisions of the law, whether by agreement or assistance. He is considered an accomplice in committing the violation and is subject to the same criminal punishment legally prescribed for the violating employer in accordance with the provisions of Articles (45, 44) of Decree Law (15) of 1976 promulgating the Penal Code. Accordingly, any person proven through the records of the violation to have motivated the violating worker Anyone who leaves work and acts as an intermediary for the violating employer shall be punished with the same punishment stipulated in Article (36) of Law No. (19) of 2006 regarding regulating the labor market.
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