Gulf Labour Markets, Migration, and Population (GLMM) Programme

An international independent, non-partisan, non-profit joint programme of a major Gulf think tank and a globally renowned academic migration centre.
The programme provides data, analyses, and recommendations contributing to the improvement of understanding and management of
Gulf labour migration, population, and labour markets, engaging with and respecting the viewpoints of all stakeholder.

Bahrain: Decision No. 17 of 2017 Regarding Professional Activities which a Foreign Employer May Not Undertake Without Obtaining a Permit from the Labour Market Regulatory Authority

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 17 of 2017 Regarding Professional Activities which a Foreign Employer May Not Undertake Without Obtaining a Permit from the Labour Market Regulatory Authority

 

 

Date of adoption

 

 

15 May 2017

 

 

Entry into force

 

18 May 2017
 

Text versions

Arabic

Source:

–   Official Journal Issue No. 3314 (18 May 2017), p. 187, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 25 June 2017, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLMKT1717.pdf

 

Abstract

 

Art. 1 of this decision lists in a table two activities for which a foreign employer may request a permit to undertake as well as the profession associated with each activity. The provisions of Decision No. 2 of 2014 Regulating the Issuance of Permits for a Foreign Employer’s Practice of Professional Activities shall be applicable:

 

No. Professional Activities Profession
1 Economic Activity Flexible Hospitality Worker
2 Economic Activity Flexible Worker

 

 

 

Bahrain: Law No. 15 of 2017 Ratifying the Agreement for the Transfer of Convicted Persons Between the Governments of the Kingdom of Bahrain and the Republic of India

image_pdfimage_print
 

Title

 

 

Bahrain: Law No. 15 of 2017 Ratifying the Agreement for the Transfer of Convicted Persons Between the Governments of the Kingdom of Bahrain and the Republic of India

 

 

Date of adoption

 

10 May 2017
 

Entry into force

 

18 May 2017
 

Text versions

Arabic

Source:

 

–  Official Journal Issue No. 3314 (18 May 2017), pp. 133 – 146, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 25 Jun 2017, http://www.legalaffairs.gov.bh/Media/LegalPDF/K1517.pdf

 

 

 

Abstract

 

This law ratifies the attached agreement, which was signed between the Governments of the Kingdom of Bahrain and the Republic of India in Manama on 33rd January 2016 (Art. 1).

In accordance with Art. 2 of the agreement, any person convicted within the territory of either of the two contracting parties may be transferred to the territory of the other party to serve his sentence. To that end, the convicted person may express his desire to be transferred in accordance with this agreement – in writing – to the country in which he was convicted or the country of implementation of the conviction. Any convicted person who is a citizen of the contracting parties or anyone authorized to act on his behalf, may submit an application for transfer in accordance with the law of the contracting party and in the manner determined by its government.

Art. 4 lists the conditions under which the transfer may take place which include (but are not limited to):

1.     The convicted person holding the nationality of the implementing party.

2.     The sentence is not a death sentence

3.     The judgment is final

4.     The agreement of both parties to the transfer

Qatar: Ministerial Decision No. 15 of 2017 Regarding the Establishment of a National Committee for Combatting Human Trafficking

image_pdfimage_print
 

Title

 

 

Qatar: Ministerial Decision No. 15 of 2017 Regarding the Establishment of a National Committee for Combatting Human Trafficking

 

 

Date of adoption

 

 

08 March 2017

 

 

Entry into force

 

 13 March 2017
 

Text versions

Arabic

Source:

– Official Journal Issue No. 3 (2017), p. 82. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 06 May 2017, retrieved from: http://www.almeezan.qa/LawView.aspx?opt&LawID=7186&TYPE=PRINT&language=ar

 

 

Abstract

 

 

Art. 4 of this decision defines the role of the committee as a national coordinator for the purpose of monitoring and combatting human trafficking through coordination with relevant authorities. This is to be accomplished through the following activities:

1.     Setting the national plan for combatting human trafficking, and setting up programs and mechanisms for its implementation in coordination with the relevant authorities.

2.     Establishing a database that contains international agreements on human trafficking and relevant studies on the subject.

3.     Reviewing relevant national legislation and ensuring its compliance with international agreements ratified by the country.

4.     Preparing and publishing a yearly report on the country’s efforts to combat and monitor human trafficking

5.     Studying international and regional reports on combatting and monitoring human trafficking and taking necessary actions.

6.     Coordinating with relevant authorities to provide protection and support to victims of human trafficking, which includes coordination of the protection and rehabilitation program for helping victims.

7.     Raising awareness on human trafficking by holding conferences and symposiums and preparing pamphlets and training programs in order to achieve the objectives of the committee.

8.     Exchanging information and expertise with Arab, regional and international committees for combatting human trafficking and establishing strong ties with them.

9.     Participating along with relevant authorities in international conferences and forums on combatting human trafficking.

10.  Undertaking any tasks assigned to the committee related to combatting human trafficking.

Bahrain: Law No. 40 of 2014 Amending Some Provisions of Law No. 19 of 2006 Regulating the Labour Market

image_pdfimage_print
 

Title

 

 

Bahrain: Law No. 40 of 2014 Amending Some Provisions of Law No. 19 of 2006 Regulating the Labour Market

 

 

Date of adoption

 

03 September 2014
 

Entry into force

 

11 September 2014
 

Text versions

Arabic

Source:

– Official Journal Issue No. 3173 (11 September 2014), p. 8, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 08 May 2017, http://www.legalaffairs.gov.bh/Media/LegalPDF/K4014.pdf

 

Abstract

 

 

The following new paragraph shall be added to article 23 of Law No. 19 of 2006 Regulating the Labour Market:

“c- The employer is prohibited from submitting data, information or documents which are false in order to obtain a work permit without having a real need for it, moreover the employer may not retain a work permit that is no longer needed.” (Art. 1).

 

Bahrain: Decision No. 19 of 1976 Determining the Cases and Work Activities in Which Work Without a Rest Period is Permitted

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 19 of 1976 Determining the Cases and Work Activities in Which Work Without a Rest Period is Permitted

 

 

Date of adoption

 

12 August 1976
 

Entry into force

 

15 August 1976
 

Text versions

Arabic

Source:

– Official Journal Issue No. 1188 (12 August 1976), p. 21, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 08 May 2017, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLSA1976.pdf

 

Abstract

 

Art. 1 of this decision stipulates that work without a rest period – provided the employer commits to allowing workers to eat and drink or rest while working in a way organized by the establishment’s administration – in the following cases and tasks:

1.     Non-stop work activities in which a shift system is implemented

2.     Work in public facilities and communications

3.     Administrative and office work activities

4.     Working in airline offices, airports and harbors.

5.     Working in hospitals, clinics and other treatment facilities

6.     The plastic industry

7.     Cinemas and theatres

8.     Bakeries

9.     Working in pharmacies

10.  Commercial representatives and door-to-door representatives performing work outside of the establishment at which they are employed.

Bahrain: Decision No. 11 of 1976 Regulating the Physical Fitness of Foreign Labour and Screening for Infectious Diseases

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 11 of 1976 Regulating the Physical Fitness of Foreign Labour and Screening for Infectious Diseases

 

 

Date of adoption

 

08 September 1976
 

Entry into force

 

16 September 1976
 

Text versions

Arabic

Source:

–  Official Journal Issue No. 1193 (16 September 1976), pp.21 – 22, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 08 May 2017, http://www.legalaffairs.gov.bh/Media/LegalPDF/RHEL1176.pdf

 

Abstract

 

 

In accordance with Art. 1 of this decision, an employer who has obtained permission from the Ministry of Labour and Social Affairs to hire a non-Bahraini worker shall send said worker – within a week of his arrival in the country – to the relevant medical committee for medical screening to ensure he is physically fit and free from infectious diseases.

The medical committee shall issue the foreign worker referred to it, a medical certificate indicating his physical fitness to work (Art. 2).

If the medical committee determines that the worker is physically unfit or has an infectious disease then it shall do one of the following:

·      Either notify the Ministry of Labour and Social Affairs within 24 hours of the medical examination. The Ministry in turn shall notify the Administration for Passports and Immigration to take the necessary steps to deport the worker to his country of origin at the expense of the employer. The Ministry of Health shall take the necessary medical procedures if the worker has an infectious disease.

·      Or decide to treat the worker in accordance with the rules and procedures implemented by the Ministry of Health and then either issue him a medical clearance certificate or take the necessary step of notifying the Ministry of Labour and Social Affairs, which shall in turn make arrangements to deport him.

Bahrain: Order No. 74 of 2007 With Regard to Inspection on those Subject to the Provisions of the Law Regulating the Labour Market

image_pdfimage_print
 

Title

 

 

Bahrain: Order No. 74 of 2007 With Regard to Inspection on those Subject to the Provisions of the Law Regulating the Labour Market

 

 

Date of adoption

 

 25 December 2007
 

Entry into force

 

 18 January 2008
 

Text versions

Arabic

 

Source:

–  Official Journal Issue No. 2826 (17 January 2008), p. 30, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 06 April 2017, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLAB7407.pdf

 

Abstract

 

 

Art. 6 of this order defines the responsibilities of the Inspection Directorate.

In accordance with Art. 7, the inspector, upon arrival at the premises of an employer, shall introduce himself to the employer or his deputy presenting his employment card and explaining his assignment and the purpose of his visit in a courteous manner. In all cases, an advance notice regarding the inspection task must not be sent to the employer.

Art. 9 defines the powers of inspectors while carrying out inspection tasks, which include:

1.      To enter work sites during working hours day or night, with the aim of carrying out the inspection task on the establishment, subject to the provisions of Article (7) of this Order.

2.      To review the registers, in respect of which an order shall be issued by the Board of Directors of the Labour Market Regulatory Authority.

3.      To verify work permits and the identity of foreign workers.

Art. 10 outlines the steps which must be taken by an inspector in cases where an offence is identified that is not in line with the provisions of the Law Regulating the Labor Market and the rules, regulations and orders issued for the implementation thereof.  The first step involves meeting with the violator, explaining his offence, hearing his response, and finally proposing reconciliation, if the law permits it, by asking him to pay the minimum amount of penalty prescribed by the law in respect of such violation. The penalty shall be paid within seven business days.

Bahrain: Order No. 72 of 2007 with Regards to Working in Accordance with the Guide of Procedures for Correcting Situations that are in Breach of the Law Regulating the Labour Market

image_pdfimage_print
 

Title

 

 

Bahrain: Order No. 72 of 2007 with Regards to Working in Accordance with the Guide of Procedures for Correcting Situations that are in Breach of the Law Regulating the Labour Market

 

 

Date of adoption

 

 30 July 2007
 

Entry into force

 

 09 August 2007
 

Text versions

Arabic

Source:

–   Official Journal Issue No. 2803 (09 August 2007), p. 37, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 06 April 2017, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLAB7207.pdf

 

Abstract

 

 

The Guide of Procedures for Correcting Situations of Breach of Law No. (19) of 2006 Regarding the Regulation of the Labour Market, attached hereto shall come into force (Art. 1).

The fees prescribed for the issuance and renewal of work permits issued as per the applicable Ministerial Orders at the time of issuance the Law of Labour Market Regulation, which do not contradict with its provisions shall apply (Art. 2).

Bahrain: Order No. 4 of 2006 With Regard to Obliging Employers of the Private Sector to Transfer Salaries of Their Workers to Banks

image_pdfimage_print
 

Title

 

 

Bahrain: Order No. 4 of 2006 With Regard to Obliging Employers of the Private Sector to Transfer Salaries of Their Workers to Banks

 

 

Date of adoption

 

12 March 2006
 

Entry into force

 

13 March 2006
 

Text versions

Arabic

 

Source:

–  Official Journal Issue No. 2731 (12 March 2006), p. 79, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 06 April 2017, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLAB0406.pdf

 

Abstract

 

 

In accordance with Art. 1 of this order, the employer shall undertake to transfer the salaries of his workers regularly to the branches of recognized banks that they may specify.

The Minister of Labour shall take steps to implement this regulation, which shall come into effect the day after it is published in the Official Journal (Art. 2).

Bahrain: Order No. 29 of 2014 With Regard to Specifying and Regulating Basic Health Care for Workers of Corporations

image_pdfimage_print
 

Title

 

 

Bahrain: Order No. 29 of 2014 With Regard to Specifying and Regulating Basic Health Care for Workers of Corporations

 

 

Date of adoption

 

29 December 2014
 

Entry into force

 

01 January 2015
 

Text versions

Arabic

 

Source:

–         Official Journal Issue No. 3106 (01 January 2015), p. 28, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 03 April 2017, http://www.legalaffairs.gov.bh/Media/LegalPDF/RHEL2914.pdf

 

Abstract

 

 

Art. 1 of this regulation defines the scope of basic health care for workers of establishments to include:

 

1.      Medical examination.

2.      Conducting laboratory analyses and x-rays.

3.      Providing necessary medicines for treatment outside health centers, as per the medicines’ list in the primary care.

4.      Maternity care for female workers during pregnancy including pre and postnatal care.

5.      Immunization of establishment workers against infectious diseases in accordance with the instructions issued by the Ministry of Health in this respect.

6.      Minor surgical operations that are conducted in health centers of primary care.

7.      Simple dental treatment including emergency cases such as, extraction and filling.

 

Art. 2 requires the employer to provide basic health care for the workers of his establishment, irrespective of number of workers of the establishment, through subscription in the basic health care scheme for the workers of establishments at the Ministry of Health, in accordance with the provisions of this Order.

Establishments employing more than 50 workers and following the consent of the committee referred to in Article (7) of this Order, may provide health care by one of the following means:

1.      Contracting with one of the health insurance companies licensed to operate in the Kingdom.

2.      Setting up an integrated medical unit at the establishment, which must be licensed by the National Health Regulatory Authority to carry out this activity. All these are to take place subject to the conditions and specifications stipulated in Articles 3 & 4 of this Order, and to comply with the instructions issued by the Ministry of Health in this respect.

 

In accordance with Art. 3, health care must be available day, night, and during official holidays and must cover all workers of the establishment without exception.

 

Art. 4 sets the scope of the health insurance coverage to include the treatment of severe and chronic conditions as well as examination, diagnosis, and the conduct of clinical checkup laboratory tests and x-rays if required, in addition to medicines prescribed by the treating physician, and physiotherapy; all of which must be available round the clock.

 

The medical insurance agreement must cover the financial cost of secondary health care in case the insured needs to be admitted to a hospital for treatment.

 

Without prejudice to the provisions of Article (2) of this Order, the Ministry of Health shall provide basic health care to all of the workers of establishments, and the establishment owner undertakes to pay to the Ministry the cost of such health care which is determined as follows:

1. BD72 per annum for every non-Bahraini worker.

2. BD22.5 per annum for every Bahraini worker.

 

The accrued amounts are payable to the Ministry of Health through the Labour Market Regulatory Authority by collecting it at the time of issuance and renewal of work permits in respect of non-Bahraini workers, and through the General Organization for Social Insurance in respect of Bahraini workers in accordance with the rules and regulations governing the work of both authorities. These amounts shall be payable and the establishment is committed to settle them immediately upon claim subject to the rules and regulations (Art. 5).

 

Art. 6 allows establishments which provide basic health care through their own facilities for a limited period during the day to rely on the Ministry of Health to provide basic health care services for the remainder of the time at a reduced cost of around 50% from that stated in the previous article.

 

Art. 7 provides for the establishment of a committee at the Ministry of Health whose responsibility is to whether or not the employer provides basic health care subject to the provisions of this Order.

Violations of the provisions of this Order shall be punishable by the penalties stated in the Article (192) of the Labour Law for the Private Sector promulgated by Law No. (36) of 2012.

 

 

 

Qatar: Law No. 1 of 2017 Amending Some Provisions of Law No. 21 of 2015 Regulating the Entry and Exit of Expatriates and Their Residence

image_pdfimage_print
 

Title

 

 

Qatar: Law No. 1 of 2017 Amending Some Provisions of Law No. 21 of 2015 Regulating the Entry and Exit of Expatriates and Their Residence

 

 

Date of adoption

 

 

04 January 2017

 

 

Entry into force

 

 12 February 2017
 

Text versions

Arabic

Source:

– Official Journal Issue No. 1 (2017), p. 10. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 19 March 2017, retrieved from: http://www.almeezan.qa/LawView.aspx?opt&LawID=7154&TYPE=PRINT&language=ar

 

 

Abstract

 

Article 7 of Law No. 21 of 2015 is replaced with the following (Art. 1):

An expatriate residing in Qatar for the purpose of work is entitled to exiting the country for vacation, or in cases of emergency, or for any other purpose, after notifying his recruiter in accordance with the work contract.

The expatriate’s final exit shall be before the end of his work contract, after notifying his recruiter, and in accordance with the work contract.

Should the recruiter or competent authority object to the exit of the expatriate in any of the cases stipulated in the paragraphs above, s/he may submit an objection to the exit petitions committee whose formation, competencies, procedures and operation shall be determined by a ministerial decision.

The committee shall issue a decision on the submitted petition within three working days.

Bahrain: Order No. 4 of 2013 Amending Some Provisions of Order No. 76 of 2008 with regard to the Regulation of Work Visas for Foreign Employees Except for the Domestic Servants Category

image_pdfimage_print
 

Title

 

 

Bahrain: Order No. 4 of 2013 Amending Some Provisions of Order No. 76 of 2008 with regard to the Regulation of Work Visas for Foreign Employees Except for the Domestic Servants Category

 

 

Date of adoption

 

31 July 2013
 

Entry into force

 

 16 August 2013
 

Text versions

Arabic

Source:

–       Official Journal Issue No. 3117 (15 August 2013), p. 38, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 23 March 2017, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLMKT0413.pdf

 

 

Abstract

 

 

The provisions of Articles 10 and 13(b) of Order No. (76) of 2008 shall be replaced by the following provisions:

Under the new Art. 10, the work permit shall be valid for two years, from the date of arrival of the foreign employee to the Kingdom or from the date of payment of the prescribed fees, as the case may be.

The work permit may be valid for one year, upon the request of the employer, by payment of 50% of the prescribed fees.

At the request of the employer, and after the first year of employment, the Authority may renew the work permit for a further period of six months, by payment of 25% of the prescribed fees.

In all cases, the work permit may be renewed for a further period(s) at the request of the employer or his representative by submitting the appropriate form for such a purpose or electronically, within a period of no more than 180 days of the expiry of the work permit.

The work permit renewal application shall include all the data and information together with the documents specified in the prescribed renewal application form, and shall fulfill the requirements prescribed in Article (2) of this Order.

In accordance with Art. 13(b), except in situations where the work permit is cancelled upon the request of employer or where the foreign employee abandons work in violation of the conditions of the work permit, the Authority, before issuance of its Order to cancel this permit, shall notify the employer or his representative of its intention to cancel the work permit and the reasons for the cancellation, and shall allow a grace period for response of no less than two days from the date of receipt of notification by the employer or his representative.

If the Authority finds after examining the response that there are still valid reasons to cancel the work permit, it shall issue its order of cancellation and immediately notify the employer or his representative accordingly.

The concerned parties may appeal against the permit cancellation order to the Chief Executive Officer in accordance with Article (33) of the Labour Market Regulation Act.

All the notifications and replies mentioned in the preceding paragraph may be sent by post or electronically.

 

Qatar: Decision No. 32 of 2016 Issuing the Implementing Regulations of the Civil Human Resources Law

image_pdfimage_print
 

Title

 

 

Qatar: Decision No. 32 of 2016 Issuing the Implementing Regulations of the Civil Human Resources Law

 

 

Date of adoption

 

 

27 November 2016

 

 

Entry into force

 

 

29 December 2016

 

Text versions

 Arabic

 

Source:

 

–       Official Journal Issue No. 15 (2016), p. 107. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 05 March 2016, retrieved from: http://www.almeezan.qa/LawPage.aspx?id=7135&language=ar

 

 

Abstract

 

 

Art. 20 of the implementing regulations sets the monthly housing allowance for Qatari employees working in the public sector. A non-Qatari national, who is not assigned housing by his employer, shall be granted the allowance agreed upon in his work contract in accordance with the limits, categories and stipulations of this article, which may not be exceeded. Housing allowance for craftsmen and laborers is set at 800 Riyals per month.

Art. 24 deals with allowances for representation at official assignments abroad. The allowance for a non-Qatari craftsman or laborer is set at 300 Riyal per day and 1500 Riyal per day if no accommodation is provided.

A business travel ticket shall be provided for a non-Qatari employee on an official assignment if his work contract stipulates that he is entitled to a business or first class yearly travel ticket (Art. 25).

Art. 36 provides for a one-time furniture allowance for Qatari employees in accordance with his family status. A non-Qatari employee may be granted a similar allowance if agreed upon in his work contract.

A non-Qatari employee’s dependents may be entitled to travel tickets only if they reside in Qatar or are coming to Qatar for the purpose of residence (Art. 40).

In accordance with Art. 41, non-Qatari employees whose work contract does not provide for travel tickets may be entitled to economy tickets for the employee, his wife and three of his children who are 18 years old or younger if they are grade five employees or higher. Employees from lower grades are entitled to one economy ticket for the employee only. The non-Qatari employee and his family may ask for the cash equivalent of the tickets.

 

If a non-Qatari couple is employed by more than one governmental entity then the other spouse is entitled to a ticket only once (Art. 42).

Qatar: Law No. 15 of 2016 Issuing the Civil Human Resources Law

image_pdfimage_print
 

Title

 

 

Qatar: Law No. 15 of 2016 Issuing the Civil Human Resources Law

 

 

Date of adoption

 

 

06 November 2016

 

 

Entry into force

 

 23 November 2016
 

Text versions

Arabic

Source:

 –       Official Journal Issue No. 13 (2016), p. 4. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 05 March 2016, retrieved from: http://www.almeezan.qa/LawPage.aspx?id=7102&language=ar

 

 

Abstract

 

 

Art. 2 of this law defines its scope of application to include civil employees working at ministries, other governmental bodies and entities, and public institutions. A number of categories listed in this article are excluded.

Art. 13 lists the conditions that must be met by those who are appointed to positions under this law. Of particular interest is the first condition, which requires the appointee to be a Qatari national. If unavailable then first priority is given to children of a Qatari woman married to a non-Qatari, then to the non-Qatari spouse of a Qatari national, second priority to GCC citizens, third priority to citizens of Arab countries and finally to other nationalities.

Art. 18 stipulates that the appointment of a non Qatari employee shall be in accordance with the guide describing and categorizing public positions. The governmental entity may, in accordance to the demands of public interest grant him an exceptional raise so long as his total salary does not exceed the maximum amount listed in table No. 2 annexed to this law.

The governmental entity shall bear the costs of travel tickets for a non-Qatari employee in accordance with the conditions and regulations set by the implementing regulation of this law (Art. 29).

The costs of preparing and transporting the body of a non-Qatari employee who passes away during his service to his country of origin, as well as the travel costs for one of his parents living inside or outside of Qatar to accompany the body, shall be borne by the government entity which employed him (Art. 116).

The end of service gratuity for a non-Qatari employee shall be calculated on the basis of repealed law No. 10 of 1994 for the period preceding the law’s coming into effect and on the basis of the last basic salary received by the employee on 31/3/1994 (Art. 119).

Qatar: Ministerial Decision No. 18 of 2014 Setting the Conditions and Specifications for Workers’ Accommodations

image_pdfimage_print
 

Title

 

 

Qatar: Ministerial Decision No. 18 of 2014Setting the Conditions and Specifications for Workers’ Accommodations

 

 

Date of adoption

 

 

05 November 2014

 

 

Entry into force

 

21 November 2014
 

Text versions

Arabic

Source:

–  Official Journal Issue No.17(2014), p. 10. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 27July 2015, retrieved from: http://www.almeezan.qa/LawPage.aspx?id=6424&language=ar

 

 

Abstract

 

This decision sets the requirements and specifications for adequate workers’ accommodations. Art. 1 stipulates that the employer is required to provide workers with accommodation outside urban areas if the nature of the activities and work regulations of the establishment necessitate it. The conditions and health specifications of this decision shall be adhered.

Art. 2 lists the specifications for workers’ bedrooms.

Art. 3 lists the main furnishings to be provided in every accommodation unit.

In Art. 4, the specifications for kitchen units are enumerated, while Art. 5 lists the specifications for bathrooms.

Pursuant to Art. 9, an employer shall: equip accommodations with fire extinguishers, smoke detectors and an alarm system; appoint a specialized one health and safety officer for each accommodation site in which 1200 workers reside; submit a safety emergency plan which includes a safety and evacuation training; Appoint a specialized first aid officer; appoint a qualified and licensed resident nurse for accommodations hosting 100 – 500 workers; appoint a doctor if accommodations host more than 500 workers; and appoint a resident doctor if accommodations host 5000 or more workers.

Employers are prohibited from deducting the costs of providing accommodation, furnishings or maintenance from workers (Art. 12).

This decision repeals Ministerial Decision No. 17 of 2005 Setting the Conditions and Specifications for Workers’ Accommodations (Art. 14).

 

UAE: Ministerial Decree No. 766 of 2015 on Rules and Conditions for Granting a Permit to a Worker for Employment by a New Employer

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decree No. 766 of 2015 on Rules and Conditions for Granting a Permit to a Worker for Employment by a New Employer

 

 

Date of adoption

 

27 September 2015
 

Entry into force

 

01 January 2016
 

Text versions

English

Source:

–  Gulf New, accessed: 27 September 2015, retrieved from: http://gulfnews.com/news/uae/government/new-uae-ministry-of-labour-decree-on-worker-s-permit-for-employment-by-new-employer-1.1591536

 

 

Abstract

 

In accordance with Art. 1 of this decree, a new work permit may be granted to worker at the end of his employment relationship in a number of instances listed for both term and non-term contracts.

For term contracts, these instances include the following: 1) the expiry and non-renewal of the term contract; 2) mutual consent of both parties to the termination of the contract before its expiry, provided that the worker has completed no less than six months of the contract (this period is waived for workers that qualify for skill levels 1,2 and 3 as per the ministry’s classification); 3) the termination of employment by the employer, without reason of non-compliance on the part of the worker, provided the worker has completed no less than six months with the employer (this period is waived for workers that qualify for skill levels 1,2 and 3 as per the ministry’s classification); and 4) either party acts unilaterally to terminate the employment contract after its renewal if certain conditions are met.

For non-term contracts, these instances include the following: 1) mutual consent of both parties; 2) one of the parties acts to terminate the contract and notifies the other party while continuing to honor his/her obligations under the contract for the duration of the notice period (1 – 3 months); 3) and the termination of employment by the employer, without reason of non-compliance on the part of the worker. All these instances are contingent upon the worker’s completion of no less than six months with the employer. However, this period is waived for workers that qualify for skill levels 1,2 and 3 as per the ministry’s classification.

For all contracts, a worker may be granted a new work permit in any of the following cases: the employer’s failure to meet contractual or legal obligations to the worker such as non-payment of wages for a period exceeding 60 days; the worker filing a complaint against the employer for failing to secure employment as a result of the business being shut down; and a labour complaint is referred to the court by the Ministry and a final ruling is obtained in favour of the worker.

This decree nullifies Ministerial Decree No. 1186 of 2010 on the rules and conditions for granting permission to a worker whose employment relation has ended to work for a new employer (Art. 5).

UAE: Ministerial Decision No. 377 of 2014 Amending Some Provisions of the Implementing Regulations of Federal Law No. 6 of 1973 Regarding the Entry and Residence of Foreigners

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 377 of 2014 Amending Some Provisions of the Implementing Regulations of Federal Law No. 6 of 1973 Regarding the Entry and Residence of Foreigners

 

 

Date of adoption

 

24 July 2014
 

Entry into force

 

01 August 2014
 

Text versions

Arabic

Source:

 

Abstract

 

This decision amends certain articles of the original Decision No. 360 of 1997 Issuing the Implementing Regulations of Federal Law No. 6 of 1973 Regarding the Entry and Residence of Foreigners.

The amended article 13 stipulates that a foreigner may only be granted an entry permit or visa if he meets the following conditions:

  1. Having a valid passport or travel document enabling him to enter the country and return to the country in which he resides or his country of origin.
  2. Having approval from the competent authorities depending on his reason for entering the country.
  3. Having a sponsor who resides in the country; the sponsor may be either a citizen or a natural or juridical foreigner.
  4. Not being banned from entering the country.
  5. Having never been deported unless he obtains special permission to re-enter in accordance with article 91.
  6. Being medically fit.

Art. 23 sets out the procedure for obtaining an entry permit for the purpose of work for each category of employer. The fifth section of the same article lists the conditions that must be met by a foreigner in order to sponsor a domestic worker. These include but are not limited to having a monthly salary of at least 6000 Dirhams, and submitting a bank statement covering a minimum period of three months. An employed foreign woman working in a highly-skilled field such as medicine, engineering or teaching may sponsor a domestic worker instead of the head of the family.

Art. 5 of this decision amends article 67 of the original decision as follows: The sponsored individual shall commit to work only for his sponsor. The latter shall commit to not employing a foreigner who is not sponsored by him without transferring sponsorship in accordance with the procedures set by the following two articles. The sponsor shall report to the General Administration of Residence and Foreigner Affairs or to the nearest police station should the person he sponsors leave his employment for any reason within a period of 10 days.

 

Qatar: Law No. 7 of 2013on the Social Health Insurance System

image_pdfimage_print
 

Title

 

 

Qatar: Law No. 7 of 2013on the Social Health Insurance System

 

 

Date of adoption

 

 

03 June 2013

 

 

Entry into force

 

16 June 2013
 

Text versions

Arabic

English

Source:

Official Journal Issue No. 10 (16June 2013) p. 3. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 11March 2015.

–  http://www.almeezan.qa/LawPage.aspx?id=4770&language=ar

–  http://www.almeezan.qa/LawPage.aspx?id=4770&language=en

 

 

Abstract

 

This law was enacted to ensure the implementation of a mandatory health insurance system of basic health services to all Qatari citizens, GCC citizens, residents and visitors (Art. 2).

The employer shall be responsible for payment of health insurance premiums for non-Qatari employees and members of their families and the sponsor shall be responsible for payment of those premiums for sponsored individuals (Art. 13).

A visitor is responsible for payment of health insurance premiums for the period of his stay in Qatar (Art. 15).

 

Kuwait: Ministerial Decree No. 68 of 2015 Regarding Domestic Workers

image_pdfimage_print
 

Title

 

 

Kuwait: Ministerial Decree No. 68 of 2015 Regarding Domestic Workers

 

 

Date of adoption

 

24 June 2015
 

Entry into force

 

 

Text versions

Arabic

Source:

–  Al-Jarida Newspaper,(26June 2015), retrieved from: http://m.aljarida.com/pages/news_more/2012756856

 

 

Abstract

 

 

In accordance with Art. 4 of this law, prohibits licensed recruiters and their associates (both inside and outside Kuwait) from charging domestic workers any fees in exchange for recruiting or employing them.

Recruitment offices are also prohibited from using advertisement methods for their recruitment services, which classify domestic workers on the basis of their religion, gender, race or cost of recruitment, or using any practices that degrade their humanity (Art. 5).

The employer shall commit to paying the domestic worker the agreed upon wages at the end of the month. One form of proving receipt of wages shall be the transfer receipt (Art. 7).

Art. 9 requires the employer to bear the following expenses of the domestic worker: food, clothes, medical treatment and accommodation.

The employer is prohibited from keeping any of the worker’s documents including personal identification documents such as the passport or ID card without the worker’s approval (Art. 12).

The working hours are set at a maximum of 12 hours daily with resting periods as well as weekly day off and a paid annual leave (Art. 22).

 

Oman: Sultan’s Decree No. 38 of 2014 issuing the Omani Citizenship Law

image_pdfimage_print
 

Title

 

 

Oman: Sultan’s Decree No. 38 of 2014 issuing the Omani Citizenship Law

 

 

Date of adoption

 

12 August 2014
 

Entry into force

 

17 February 2015
 

Text versions

Arabic

Source:

Official Journal Issue No. 1066 (17 August 2014), accessed: 01 November 2014, http://www.mola.gov.om/officalgazette.aspx

 

Abstract

Keywords: Oman, Laws & Regulations, Citizenship

This law repeals the old Omani Citizenship Law issued by Sultan’s Decree No. 3 of 1983.

In accordance with Art. 5 of the law, a person may not hold Omani citizenship along with the citizenship of another country unless a Sultan’s Decree authorizes it.

Omani citizens may not renounce their nationality in favour of another until they have fulfilled their obligations and commitments towards the Sultanate. Underage children shall not lose their Omani nationality following their parent’s renunciation unless he has requested it and his new citizenship is granted to them as well (Art. 6).

Art. 11 lists the persons who are considered to be Omani under the law, while Art. 12 lists the conditions that must be met by an Omani who has renounced his Omani nationality in favour of another before he can reclaim it.

Chapter III of this law sets the provisions governing the granting of Omani nationality:

Art. 15 provides that to apply for Omani citizenship, a non-Omani applicant should meet the following conditions:

  1. He should have resided in Oman for at least 20 continuous years or, 15 years if married to an Omani woman provided that their marriage shall have taken place after obtaining approval of the Ministry of Interior (“Ministry”) and he shall have a son from his Omani wife.
  2. Fluency in Arabic
  3. Possessing sound conduct and character
  4. Having not been convicted of any crime or offence in breach of trust or honour, unless he has been exonerated.
  5. Being disease free
  6. Written consent to relinquish current nationality and proof of such.

The foreign wife of an Omani citizen may apply for Omani nationality if she meets the following conditions (Art. 16):

  1. Her marriage should have taken place after obtaining approval from the Ministry;
  2. She shall have a son from her Omani husband;
  3. She should have been married to her Omani husband and resided with him in Oman for at least 10 continuous years;
  4. She must be able to communicate in the Arabic language
  5. She must possess sound conduct and character and
  6. She should not have been convicted of any crime or offence in breach of trust or honour, unless she has been exonerated.
  7. Written consent to relinquish current nationality and proof of such.

Art. 17 lists the conditions for the widowed or divorced foreign wife of an Omani citizen to apply for citizenship, while Art. 18 lists the conditions under which children on an Omani woman married to a foreigner may apply for citizenship.

 

Saudi Arabia: Council of Ministers Decision No. 406 of 2012 Concerning Special Arrangements for the Children of Saudi Women Married to Foreigners

image_pdfimage_print
 

Title

 

 

Saudi Arabia: Council of Ministers Decision No. 406 of 2012 Concerning Special Arrangements for the Children of Saudi Women Married to Foreigners

 

 

Date of adoption

 

 

28 December 2012

 

Entry into force

 

 

10 February 2013

 

 

Text versions

 

Arabic

 

Source:

 

Um Al-Qura, Issue No. 4442 (2012).

 

 

Abstract

 

 

Keywords: Saudi Arabia, Laws & Regulations, Sponsorship, Employment

 

Art. 1 lists the special arrangements for children of Saudi women married to non-Saudis:

  1. Children shall be granted the right to reside in the Kingdom and shall be sponsored by their mother.
  2. The government shall bear the cost of their residence.
  3. Children shall be permitted to work in the private sector without transferring their sponsorship.
  4. Children shall be granted the rights of Saudi citizens in the areas of education and healthcare and shall be included in the calculation of percentages in the Saudization program.

 

Art. 2 permits a Saudi woman to sponsor her non-Saudi husband to reside in the Kingdom (if he is living abroad) or transfer him to her own sponsorship if he is already residing in the Kingdom, provided he has a recognized passport which allows him to return to his country of origin at any time.

 

Art. 3 conditions the applicability of the previous articles on the marriage being concluded upon obtaining the permission of the competent authority or the marriage contract being certified and the children of a Saudi woman having documents that prove their identity.

 

Bahrain: Decision No. 74 of 2007 Regarding Granting Foreigners Residence Permits Through Personal Sponsorship

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 74 of 2007 Regarding Granting Foreigners Residence Permits Through Personal Sponsorship

 

 

Date of adoption

 

17 August 2007
 

Entry into force

 

18 January 2008
 

Text versions

Arabic

Source:

Official Journal Issue No. 2826 (17 January 2008), Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 21 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RINT7407.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Sponsorship, Residence Conditions

In accordance with Art. 1 of this decision, and entry visa and residence permit may be issued to a retired foreigner based on personal sponsorship if s/he has worked in the private or governmental sector of the Kingdom or any other GCC country for 15 or more years. The conditions that must be met by the retired foreigner are set out in the same article.

Art. 2 allows for the issuance of an entry visa and residence permit to the following categories of foreigners based on personal sponsorship:

  1. A foreigner who owns a residence in the Kingdom that is registered in his name and is worth no less than 50,000 BHD.
  2. A foreigner who is an investing partner in one of the financial, commercial, industrial, tourism, medical, educational or vocational companies which operate in the country. The foreigner’s share must be no less than 100,000 BHD and this must be clearly stated in the company’s contract and its commercial record.

Foreigners from these two categories must also meet a number of conditions that are listed in this article.

The residence permit granted under this decision shall be valid for two years and may be renewed for a similar period of time. The cost of the residence permit is 200 BHD. Request for renewal must be submitted four weeks prior to the expiry of the residence permit (Art. 4).

A residence permit may be granted to the wife and minor children of a foreigner whose been granted residence in accordance with this decision (Art. 5).

Art. 8 lists the cases in which the residence permit of a self-sponsoring foreigner may be revoked.

 

UAE: Ministerial Decision No. 1186 of 2010 Regarding the Rules and Conditions for Granting a New Work Permit to Workers at the end of Employment for the Purpose of Transferring to Another Establishment

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 1186 of 2010 Regarding the Rules and Conditions for Granting a New Work Permit to Workers at the end of Employment for the Purpose of Transferring to Another Establishment

 

 

Date of adoption

 

29 November 2010
 

Entry into force

 

01 January 2011
 

Text versions

Arabic

Source:

 

Abstract

 

The Ministry may grant a worker a new work permit at the conclusion of his work relationship with his current employer, allowing him to transfer to another establishment without adhering to the waiting period of six months from the date of cancellation of the labour card mandated by Ministerial Decision No. 826 of 2005 (Art. 1).

The work permit referred to in article 1 of this decision may only be granted if (Art. 2):

  1. Both the employer and worker agree to end the work relationship
  2. The work relationship has lasted for at least two years.

Art. 3 lists cases which may be exempted from the first condition of article 2.

Art. 4 lists the cases which may be exempted from the second condition of article 2.

 

Oman: Royal Decree No. 126/ 2008 Issuing the Anti-Trafficking Law

image_pdfimage_print
 Title

 

Oman: Royal Decree No. 126/ 2008 Issuing the Anti-Trafficking Law

 

 Date of adoption

 

23 November 2008
 Entry into force

 

In effect
 Text versions Arabic

English

Sources:

The National Committee for Anti-Trafficking in Persons, accessed 08 October 2014, http://www.ncchtoman.gov.om/arabic/rules.asp

–  International Labour Organization Natlex Datase, accessed: 08 October 2014, http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/81766/92282/F1786958440/OMN81766%202.pdf

 

Abstract

Keywords: Oman, Laws & Regulations, Trafficking

Art. 2 para. 1 of this law defines the crime of human trafficking as committing any of the following acts intentionally or for the purpose of exploitation: The use, transfer, shelter or reception of a person through coercion, threat, trickery, exploitation of a position of power, exploitation of weakness, use of authority over that person, or by any other illegal means whether directly or indirectly.

In accordance with Art. 8, whoever commits a human trafficking crime shall be punished by imprisonment for three to seven years and a fine of 5,000 to 100,000 Riyals.

A human trafficking crime shall be punishable by imprisonment for seven to fifteen years and a fine 10,000 to 100,000 Riyals in a number of listed cases (Art. 9).

Art. 22 requires the establishment of the National Committee for Anti-Trafficking in Persons by a Council of Ministers’ decision.

 

Bahrain: Law No. 36 of 2012 Issuing the Labour Law for the Private Sector

image_pdfimage_print
 

Title

 

 

Bahrain: Law No. 36 of 2012 Issuing the Labour Law for the Private Sector

 

 

Date of adoption

 

26 July 2012
 

Entry into force

 

2 August 2012
 

Text versions

Arabic

English

Source:

Official Journal Issue No. 3063 (2 August 2012), pp. 14 – 60), Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 6 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/K3612.pdf

Abstract

Keywords: Bahrain, Laws & Regulations, Employment, Labour Rights, Work Conditions

Art. 2(b) (1) defines the scope of applicability of this law to domestic servants and persons regarded as such. The applicable provisions are: Articles (6), (19), (20), (21), (37), (38), (40), (48), (49), (58), (116), (183) and (185) and those in Parts Twelve and Thirteen of the Law.

In accordance with Art. 8, workers shall have the right to strike in defense of their interests according to the guidelines determined by law. A worker’s exercise of such right shall result in the suspension of the contract of employment for the duration of the strike.

Art. 39: It shall be prohibited to discriminate in the payment of wages for the mere difference of sex, ethnic origin, language, religion or belief.

Part VII of the Law (Arts. 50 – 57) includes provisions related to hours of work and periods of rest.

Part VIII (Arts. 58 – 67) covers holidays.

The workers’ duties and penalties that may be imposed on them are outlined in Part X of the law (Arts. 71 – 84).

Part XII deals with termination of contracts of employment (Arts. 96 – 118).

Art. 104 lists the reasons for dismissal of the worker which are considered unfair. These include dismissal on the basis of sex, color, religion, belief, pregnancy; a worker’s membership in a trade union or his lawful participation in its activities; filing a complaint against the employer.

Part XIII of the law includes provisions related to Individual Labour Disputes.

 

 

Saudi Arabia: Implementing Regulations of Saudi Arabian Nationality Law

image_pdfimage_print
 Title

 

Saudi Arabia: Implementing Regulations of Saudi Arabian Nationality Law
 Date of adoption

 

 Entry into force

 

In effect
 Text versions  Arabic

English

 

Source:

Ministry of Interior, Kingdom of Saudi Arabia, accessed: 01 Feb 2014

 

 

 

Abstract

 

Keywords: Saudi Arabia; Laws & Regulations; Citizenship; Naturalization

 

In accordance with article 8, citizenship applications must be submitted to the Ministry of Interior Agency of Civil Affairs. These applications go through a process of initial review by a three-member Committee that investigates whether: 1) The applicant’s arrival to the Kingdom was legal and s/he has the ability to return to his/her home country 2) The applicant has resided legally in the Kingdom for a minimum of ten years continuously 3) The applicant has an occupation that is needed in the Kingdom.

 

The Committee uses a points-based system in its evaluation, which allows all foreign citizens to apply for Saudi citizenship. The system however favors those related to Saudi nationals as they can earn more points. If the applicant acquires 23 points as a minimum, the Naturalization Committee may review his/her application.

 

Art. 12 requires the applicant to submit a number of documents in support of his/ her application including a report regarding his/her religious belief, political activity and previous military service.

 

Art. 17 allows the wife of a foreigner who has acquired Saudi citizenship to acquire citizenship herself once she arrives in the Kingdom and submits an application after renouncing her current citizenship in the presence of a judge or a notary.

 

Art. 18 requires the children of a naturalized man who decide to keep their father’s original citizenship to declare this to the Civil Affairs Administration or the Saudi Authority Representatives abroad within one year of reaching the legal age and hand over all Saudi documents in their possession.

 

Art. 21 and 22 set out the rules related to granting citizenship to the wife and widow of a Saudi citizen respectively.

 

 

 

 

 

Oman: Decision No. 63 of 1996 Issuing the Implementing Regulations of the Foreign Residency Law No. 16 of 1995

image_pdfimage_print
 

Title

 

 

Oman: Decision No. 63 of 1996 Issuing the Implementing Regulations of the Foreign Residency Law No. 16 of 1995

 

 

Date of adoption

 

 

13 August 1996

(last amended: Decision No. 20 of 2016)

 

 

Entry into force

 

In force
 

Text versions

Arabic

Source:

–  Clyde & Co, Official Gazette Issue No. 582 (01 September 1996).

 

 

Abstract

 

Chapter III – Entry Visas

Art. 10 of this decision lists the various types of entry visas, their validity, and the conditions that need to be met to obtain them.

An employment visa may be granted upon the request of a local sponsor to foreigners who are twenty-one years old or older. The visa shall be used within three months of the date of issue.

A family reunification visa may be requested for the family (spouse and children aged less than twenty-one years) of a foreigner he sponsors. The visa shall be used within three months of its issuance.

Art. 14 sets the requirements that must be fulfilled by persons who want to sponsor foreigners in Oman.

In accordance with Art. 17, a foreigner may not be granted another entry visa for the purpose of work until two years have lapsed from the date of his last departure. The General Inspector may waive this period if it is deemed to be in the public interest including cases where the foreigner wants to work for his previous sponsor. The sponsor shall provide a certificate attesting to the fact that the contract between them has ended amicably.

Chapter V – Foreigners’ Residence

Art. 19 lists the different types of residence permits that may be granted to foreigners.

In accordance with Art. 24, a foreigner’s residence may be transferred to another only with the approval of the first sponsor.

Chapter VI of this decision deals with fees and fines.

 

Qatar: Law No. 21 of 2015 Regulating the Entry, Exit, and Residence of Expatriates

image_pdfimage_print
 Title Law No. 21 of 2015 Regulating the Entry, Exit, and Residence of Expatriates

 

 Date of adoption

 

27 October 2015
 Entry into force

 

In a year
 Text versions Arabic

Sources:

– Al Sharq Portal, accessed: 29 October 2015, retrieved from: http://media.al-sharq.com/portalfiles/pdfissue/قانون%20العمل.pdf

 

 

Abstract

 

This law covers the conditions for entry to and departure from the State of Qatar of expatriates (Art. 2-7); the residence of expatriates (Art. 8-16); regulates their recruitment (Art. 17-20); sets the conditions for changing employers (Art. 21-23); sets out the conditions for their deportation and repatriation (Art. 24-28); sets out the conditions for entry and residence of certain categories (Art. 29-37); sets out penalties for violating certain provisions of the law (Art. 38-41) and conditions for conciliation (Art. 42-45).For the purpose of this law an expatriate is any non-Qatari person entering the State for the purpose of work, residence, visit, or any other purpose. A recruiter is any entity, employer, head of family, or host, who recruits an expat or to whom the expatriate’s residence is transferred in accordance with the provisions of this law (Art. 1).[1]

According to Art. 7 of this law, the competent authority at the Ministry of Interior has to be informed about an expatriate’s intention to leave the country at least three working days before the exit date. In case of any objection to the exit of the worker by the recruiter or the competent authority, the expatriate can approach the exit petitions committee. The Minister of Interior shall issue a decision to form such a committee and specify its jurisdictions and the procedures to be followed by it, in addition to its mechanism of work. The worker may exit the country as soon as the recruiter informs the competent authority of his approval of the request. In case of an emergency for the worker, the petitions committee shall take a decision on his exit request within three working days.

Art. 8 requires the employer to return to the worker his passport or travel document once procedures for issuing or renewing his residence permit have been completed. The only exception is if the expatriate requests his employer to hold onto the passport in writing. The employer shall return the passport upon the expatriate’s request.

The competent authority may grant residence permits to the spouse, male children of the expatriate who are 25 years old or less and who have not completed their university education, and unmarried female children. The Minister may waive the age limitation, and with his approval a residence permit may be granted to the parents of an expatriate if deemed reasonable. The competent authority may also grant a residence permit to the spouse and children of a Qatari married to a foreigner and to his/ her non-Qatari parents as well (Art. 12)

Art. 14 sets a period of six months as the amount of time an expatriate is allowed to stay outside the country without losing his residency. An exception is given to those who obtain a re-entry permit from the competent authority prior to leaving or prior to the lapse of one year since departure as long as this is done within sixty days of the residence permit’s expiry.

Art. 17 lists the parties responsible for the residence of the expatriate. In the case of workers/ employees this responsibility lies with the employer only. In the case of dependants, the head of the family is responsible. The head of the family may continue to be responsible for women after they find employment within Qatar.[2]

Art. 19 lists the responsibilities of the recruiter which include: notifying the competent authority within fourteen days of the expatriate leaving his employment or refusing to leave the country after his residence permit has been cancelled or expired; bearing the expenses of the expatriate’s return to his country of origin; bearing the expense of burying the body of the expatriate or transporting it to his family.

In accordance with Art. 21, the approval of the both the employer and the competent authority within the Ministry of Labour and Social Affairs is needed for the transfer of employment before the end of the work contract. The expatriate may transfer to another employer immediately upon the expiry of his work contract in the case of limited term contracts or after five years in the case of unlimited contracts, subject to obtaining the approval of the employer and the Ministry.

The Minister or his nominee may approve the transfer of employment of any expatriate worker on a temporary basis if a suit is filed between him and his recruiter. In cases where the Labour Law does not apply to the expatriate worker, the Minister or his nominee may approve the transfer of the expatriate to any other employer in the event of abuse by the employer or as if deemed to be in the public’s interest.

For the same reasons, with the consent of the Minister or his nominee, and if requested by the worker and approved by the Ministry of Labour, the transfer of a worker who is subject to the Labour Law may be approved.

 

In accordance with Art. 23, recruiters may not allow their workers to be employed by anyone other than himself or herself or employ an expatriate who was not recruited by them. The competent authority may however authorize a recruiter to lend the expatriate worker he has recruited to another employer for no more than six months, which may be renewed for another six months.

The competent authority may also grant permission to an expatriate to work for another employer outside the regular working hours of his original employment provided that his recruiter agrees to it in writing.  The approval of the Ministry of Labour must be obtained for workers who are subject to the Labour Law.

An expatriate shall leave the country if he fails to obtain a residence permit in accordance with this law. He shall also depart the country within 90 days if his residence permit has expired or is cancelled. The expatriate may return to Qatar after obtaining approval from the competent authority and if he meets the conditions set for entry under this law and its implementing regulations (Art. 24).

Art. 26 denies a worker who has been dismissed from work and has not challenged the dismissal before the competent court, or whose challenge has been rejected from re-entering the state of Qatar for work before the lapse of four years from the date of his Departure.

 

This law repeals Law No. 4 of 2009 Regulating the Entry, Exit, Residence and Sponsorship of Expatriates (Art. 49).

[1] The term recruiter is used in lieu of the term sponsor.

[2] The term responsibility is also used in lieu of sponsorship.

UAE: Ministerial Decision No. 119 of 2007 Regulating Temporary and Part Time Work in the UAE Private Sector

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 119 of 2007 Regulating Temporary and Part Time Work in the UAE Private Sector

 

 

Date of adoption

 

22 February 2007
 

Entry into force

 

22 February 2007
 

Text versions

English

Source:

–        Clyde & Co

 

 

Abstract

 

Art. 1 defines temporary work as work carried out within a period of six months. In accordance with Art. 2, a temporary work permit can be issued twice for each contractual period, subject to a number of listed conditions, which include the approval in writing of the employer (sponsor).

The employer is responsible for the employee’s entitlements under the law and contract as well as ensuring the validity of his/her residence and work permits and all charges and penalties connected to them (Art. 3).

Art. 4 lists exceptions to conditions 2 and 3 of article 2 which require the approval of the employer and the lapse of one year of employment with the sponsor.

This decision repeals Ministerial Decisions No. 401 and 402 of 1997 (Art. 6).

 

 

 

UAE: Ministerial Resolution No. 401 of 1997 on Regulating Temporary and Part Time Work in the UAE Private Sector

image_pdfimage_print
 

Title

 

 

UAE:  Ministerial Resolution No. 401 of 1997 on Regulating Temporary and Part Time Work in the UAE Private Sector

 

 

Date of adoption

 

28 June 1997
 

Entry into force

 

Repealed
 

Text versions

English

Source:

–        Clyde & Co

 

 

Abstract

 

Art. 1 defines both temporary and part-time work.

Art. 2 lists the category of workers that may perform temporary or part-time work.

In accordance with Art. 3, the Ministry’s consent to grant a temporary work or part-time work permit to the categories listed in article 2 is subject to a number of conditions.

UAE: Ministerial Decision No. 326 of 2006

image_pdfimage_print
 

Title

 

UAE: Ministerial Decision No. 326 of 2006
 

Date of adoption

 

26 April 2006
 

Entry into force

 

In effect
 

Text versions

English

Source:

–        Clyde & Co

 

 

Abstract

 

Art. 1 of this decision lists the cases, which are exempted from the fees charged for delay in obtaining or renewing labour cards.

The decision supersedes any prior decisions on fine exemptions (Art. 4).

 

UAE: Ministerial Decision No. 156 of 2003 Concerning Remuneration Protection

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 156 of 2003 Concerning Remuneration Protection

 

 

Date of adoption

 

19 March 2003
 

Entry into force

 

In effect
 

Text versions

English

Source:

 

–  Clyde & Co

 

 

Abstract

 

In accordance with Art. 1 of this decision, workers who are engaged on the basis of a yearly or monthly remuneration shall be paid at least once a month. All other workers shall be paid at least once every two weeks (Art. 2).

The decision authorizes the competent labour department to require any establishment to provide it with a periodic report certified by a practicing auditor stating the status of remunerations payment (Art. 3).

 

Oman: Decision No. 63 of 1996 Issuing the Implementing Regulations of the Foreign Residency Law No. 16 of 1995 (copy)

image_pdfimage_print
 

Title

 

 

Oman: Decision No. 63 of 1996 Issuing the Implementing Regulations of the Foreign Residency Law No. 16 of 1995

 

 

Date of adoption

 

 

13 August 1996

(last amended: Decision No. 20 of 2016)

 

 

Entry into force

 

In force
 

Text versions

Arabic

Source:

–  Clyde & Co, Official Gazette Issue No. 582 (01 September 1996).

 

 

Abstract

 

Chapter III – Entry Visas

Art. 10 of this decision lists the various types of entry visas, their validity, and the conditions that need to be met to obtain them.

An employment visa may be granted upon the request of a local sponsor to foreigners who are twenty-one years old or older. The visa shall be used within three months of the date of issue.

A family reunification visa may be requested for the family (spouse and children aged less than twenty-one years) of a foreigner he sponsors. The visa shall be used within three months of its issuance.

Art. 14 sets the requirements that must be fulfilled by persons who want to sponsor foreigners in Oman.

In accordance with Art. 17, a foreigner may not be granted another entry visa for the purpose of work until two years have lapsed from the date of his last departure. The General Inspector may waive this period if it is deemed to be in the public interest including cases where the foreigner wants to work for his previous sponsor. The sponsor shall provide a certificate attesting to the fact that the contract between them has ended amicably.

Chapter V – Foreigners’ Residence

Art. 19 lists the different types of residence permits that may be granted to foreigners.

In accordance with Art. 24, a foreigner’s residence may be transferred to another only with the approval of the first sponsor.

Chapter VI of this decision deals with fees and fines.

 

Saudi Arabia: Royal Decree No. M/51 issuing the Saudi Labor Law as amended by Royal Decree No. M/46 issued on 05/06/1436H

image_pdfimage_print
 

Title

 

 

Royal Decree No. M/51 issuing the Saudi Labor Law as amended by Royal Decree No. M/46 issued on 05/06/1436H

 

 

Date of adoption

 

05 April 2015
 

Entry into force

 

24 October 2015
 

Text versions

Arabic

Source:

– The Ministry of Labor, Kingdom of Saudi Arabia, accessed: 22 October 2015,

http://portal.mol.gov.sa/ar/Pages/OrganizeWork.aspx?m=3

 

Abstract

 

This is the consolidated version of the Saudi Labour Law, which incorporates the changes introduced by Royal Decree No. M/46 issued on 05/06/1436H.

The amendments permit the probationary period to be extended to another 90 days subject to the approval of both parties and also enable employers to require a returning employee to serve another probationary period where there has been a break in service of at least six months (Art. 53 & 54)

Articles 74 – 78, 88, and 88, which fall under the chapter on the end of work contracts have all been amended.

Art. 90 has been amended to require employers to pay wages through approved banks in the Kingdom.

Art. 101 is amended to increase the total number of hours that an employee can be required to remain at the place of work from 11 to 12 hours per day.

Paid leave periods for employees have been increased. Paternity, marriage, and compassionate leave have been increased to five, five and three days respectively (Art. 113).

Qatar: Ministerial Decision No. 4 of 2015 Issuing the Regulations for the Wage Protection System for Workers Subject to the Labour Law

image_pdfimage_print
 

Title

 

 

Qatar: Ministerial Decision No. 4 of 2015 Issuing the Regulations for the Wage Protection System for Workers Subject to the Labour Law

 

 

Date of adoption

 

 

11 June 2015

 

 

Entry into force

 

07 July 2015
 

Text versions

Arabic

Source:

–        Official Journal Issue No. 13 (2015), p. 282. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 19 October 2015, retrieved from: http://www.almeezan.qa/LawView.aspx?opt&LawID=6679&TYPE=PRINT&language=ar

 

 

Abstract

 

 Art. 2 of this decision requires employers to transfer the wages of their employees to their Qatari bank account within seven days of their due date through the Wage Protection System instituted by the Ministry of Labour and Social Affairs (Art. 2).

Employers who fail to comply with article 2 of this decision will be penalized by either not being granted new work permits for employees or freezing the processing of all applications submitted to the Ministry until they have transferred all pending wages (Art. 4).

Qatar: Law No. 1 of 2015 Amending Some Provisions of the Labour Law No. 14 of 2004

image_pdfimage_print
 

Title

 

 

Qatar: Law No. 1 of 2015 Amending Some Provisions of the Labour Law No. 14 of 2004

 

 

Date of adoption

 

 

18 February 2015

 

 

Entry into force

 

02 April 2015
 

Text versions

Arabic

Source: 

– Official Journal Issue No. 7 (2015), p. 3. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 19 October 2015, retrieved from: http://www.almeezan.qa/LawView.aspx?opt&LawID=6547&TYPE=PRINT&language=ar

 

 

Abstract

 

 This law amends article 66 of the Qatari Labour Law. The new article requires the payment of an employee’s salary to be made directly from the employer’s local Qatari account into a Qatari account in the name of the employee. (Art. 2)

An employer who fails to comply with the requirements of the previous article may be sentenced to one month in prison and/or required to pay a fine of 2000 – 6000 QR (Art. 3).

UAE: Ministry of Labour Decree No. 765 of 2015 on Rules and Conditions for the Termination of Employment Relations

image_pdfimage_print
 

Title

 

 

UAE: Ministry of Labour Decree No. 765 of 2015 on Rules and Conditions for the Termination of Employment Relations

 

 

Date of adoption

 

27 September 2015
 

Entry into force

 

01 January 2016
 

Text versions

English

Source:

–  Gulf News, accessed: 27 September 2015, retrieved from: http://gulfnews.com/news/uae/government/new-uae-ministry-of-labour-decree-on-termination-of-employment-relations-1.1591558

 

 

Abstract

 

 

Art. 1 of decree defines the different ways in which an employment contract may be terminated for fixed-term and unlimited contracts.

An employment relation is considered to have de facto ended in a number of circumstances listed under Art. 2. These include the employer’s failure to meet contractual or legal obligations to the worker such as non-payment of wages for a period exceeding 60 days; the worker filing a complaint against the employer for failing to secure employment as a result of the business being shut down; and a labour complaint is referred to the court by the Ministry and a final ruling is obtained in favour of the worker.

Under Art. 3, if either the worker or the employer terminates the employment relationship without complying with legally mandated procedures then the wronged party may initiate legal action to seek indemnification or the recovery of other rights.

UAE: Ministerial Decree No. 764 of 2015 on Ministry of Labour-approved Standard Employment Contracts

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decree No. 764 of 2015 on Ministry of Labour-approved Standard Employment Contracts

 

 

Date of adoption

 

27 September 2015
 

Entry into force

 

01 January 2016
 

Text versions

English

Source:

 

– Gulf News, accessed: 27 September 2015, retrieved from: http://gulfnews.com/news/uae/government/full-text-decree-on-uae-ministry-of-labour-approved-standard-employment-contracts-1.1591529

 

 

Abstract

 

 

In accordance with art. 1 of this decree, tentative approval for admitting a foreign worker into the UAE for the purpose of work is subject to his signature of an employment offer that conforms with the Standard Employment Contract (SEC) annexed to this decision.

Art. 3 requires the use of the SEC when renewing employment contracts already in force prior to the issuance of this decree.

Art. 4 prohibits the alteration of the terms of the SEC unless such alteration benefits the worker and only after it is approved by both the Ministry and the worker.

UAE: Council of Ministers Resolution No. 19 of 2005 Amending Fee, Penalty and Bank Guarantee Regulations Enforced by the Ministry of Labour and Social Affairs

image_pdfimage_print
 Title

 

UAE: Council of Ministers Resolution No. 19 of 2005 Amending Fee, Penalty and Bank Guarantee Regulations Enforced by the Ministry of Labour and Social Affairs

 

 Date of adoption

 

2005
 Entry into force

 

2005
 Text versions EnglishSource:

–  Clyde & Co

 

 

Abstract

 

In accordance with this decision, firms in the UAE shall be classified into three categories based on their adherence to the requirements of Emiratisation and a multicultural work environment (Art. 2).

The fees and penalties applicable to a firm shall be based on the classification, which is defined in subsequent articles (Art. 3).

Art. 7 sets the percentage of national recruitments that shall be met by banks, insurance companies and trade sector firms employing 50 workers or more at 4%, 5%, and 2% respectively.

Art. 15 lists the cases in which the bank guarantee submitted by the employer may be liquidated by the Ministry of Labour and Social Affairs. These include paying for the employee’s repatriation, paying any amounts due to the employee that the employer or his representative admits to owing, and cases where a ruling is issued by a UAE court in favour of fulfilling the employee’s rights.

Art. 18 lists the amount of the bank guarantee to be paid by each firm according to its classification. Class A firms are exempt from submitting a bank guarantee, class B firms shall submit the equivalent of 3000 AED per worker if they employ 1 – 500 workers, plus a bank guarantee of 1000 AED for each additional worker (maximum limit of 3 million AED), class C shall submit a bank guarantee of 3000 AED per worker (maximum limit 5 million AED).

UAE: Cabinet Decision No. 18 of 2005 Concerning Transfer of Sponsorship, Secondment of Sponsored and Fees Prescribed Therefore

image_pdfimage_print
 

Title

 

 

UAE: Cabinet Decision No. 18 of 2005 Concerning Transfer of Sponsorship, Secondment of Sponsored and Fees Prescribed Therefore

 

 

Date of adoption

 

19 July 2005
 

Entry into force

 

19 July 2005
 

Text versions

English

Source:

–        Clyde & Co

 

 

Abstract

 

 

Art. 1 of this decision lists the conditions that shall be met before the transfer of sponsorship may be authorized by the Ministry of Labour and Social Affairs.

In accordance with Art. 4, the Minister of Labour and Social Affairs may allow the secondment of construction labourers from one firm to another subject to a number of conditions. The number of labourers should not be less than twenty, the new employer should have an actual need for them, and the consent of the current employer must be obtained.

The article further lists the fees corresponding to each application of secondment submitted to the Ministry of Labour and Social Affairs, which vary depending on the duration of secondment requested.

This decision repeals Ministerial Decision No. 30 of 2011 regarding the transfer of sponsorships, categories allow to transfer, and the conditions required (Art. 6).

UAE: Ministerial Decision No. 826 of 2005 Regarding the Executive Regulations for the Transfer of Sponsorship

image_pdfimage_print
 Title

 

UAE: Ministerial Decision No. 826 of 2005 Regarding the Executive Regulations for the Transfer of Sponsorship

 

 Date of adoption

 

 11 September 2005

(last amended: Ministerial Decision 634/2008)

 

 Entry into force

 

11 September 2005
 Text versions EnglishSource:

–        Clyde & Co

 

 

Abstract

 

Pursuant to Art. 2, the following conditions must be met for transfer of a worker’s/employee’s sponsorship to be approved:1.     The worker/ employee has a valid residence permit stamped on his passport

2.     The worker/employee has a valid labour card

3.     The non-availability of UAE or GCC Nationals to fill the position to which transfer is requested

4.     The worker/employee needs to have spent a certain amount of time with his current employer from the date of issuance of the labour card in the following manner:

a.     At least one year for holders of a graduate or postgraduate degree. This category may transfer multiple times without restrictions.

b.     At least two years for holders of an undergraduate degree or its equivalent. This category may transfer twice.

c.      At least three years for all other categories which may transfer only once during their work stay in the UAE.

d.     The position offered by the new employer must correspond to the qualifications, experience and the activities of the establishment

e.     The worker must obtain the approval of both the old and new employers.

Art. 3 lists the fees for each category of transfer.

The categories listed in Art. 2(4) b and c, may be exempted from the required time period if the an additional 3000 Dirhams is paid and the worker has spent one year with his current employer (Art. 4).

Art. 5 lists the conditions in which all categories may be exempted from the required time period including the one listed in article 4, as long as an additional 3000 Dirhams is paid. These include the bankruptcy of the establishment, transfer of establishment ownership closure and many more.

Art. 6, which was amended by Ministerial Decision No. 634 of 2008, lists the cases which are exempted from the requirement of approval from the old employer. These include non-payment of wages for two months at least, a complaint submitted by the worker against his current establishment for not assigning him to work due to closure, and cases of worker complaints referred to court by the Ministry (certain conditions must be met).

Except for cases of transfer of sponsorship under this decision, the Ministry shall not issue a new work permit for those whose employment has ended until six months have passed since the date of cancellation of the labour card (Art. 11).

 

UAE: Ministerial Decision No. 141 of 1999 Regarding the Non-renewal of Work Permits for Workers in the Private Sector Above Sixty Years Old

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 141 of 1999 Regarding the Non-renewal of Work Permits for Workers in the Private Sector Above Sixty Years Old

 

 

Date of adoption

 

 

03 April 1999

 

 

Entry into force

 

In effect
 

Text versions

English

Source

–  Clyde & Co.

 

 

Abstract

 

In accordance with Art. 1 of this decision, work permits shall not be renewed for workers in the private sector who are older than sixty years.

 

Exempted from the article 1 are the following categories:

1.     Doctors, medical consultants and specialists

2.     Pharmacists and nurses

3.     Architects and consultants

4.     Legal consultants, economists and financial experts

5.     Teachers in all levels of education

6.     Accountants and auditors

7.     Translators

8.     Computer and laboratory technicians

9.     Technicians working on the maintenance, installation and repair of machinery and equipment

10.  Athletes and professional trainers

11.  Individuals with high academic and technical qualifications in rare specialties

12.  Other categories approved by the deputy labour minister or the assistant deputy labour minister.

 

Qatar: Decree No. 18 of 2014 Ratifying the Agreement Between the Governments of Qatar and Macedonia Regulating the Employment of Macedonian Workers in the State of Qatar

image_pdfimage_print
 Title

 

Qatar: Decree No. 18 of 2014 Ratifying the Agreement Between the Governments of Qatar and Macedonia Regulating the Employment of Macedonian Workers in the State of Qatar

 

 Date of conclusion

 

07 May 2014
 Entry into force

 

27 May 2014
 Text versions Arabic

Source:

–  Official Journal Issue No. 9 (27 May 2014) p. 14. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 10 August 2015, http://www.almeezan.qa/ViewAgreement.aspx?opt&agrID=1879&TYPE=PRINT&language=ar

 

 

Abstract

 

The purpose of this agreement is to regulate the recruitment of Tunisian workers in Qatar.

Art. 3 requires the Qatari Ministry of Labour and the Macedonian Ministry of Labour and Social Affairs to forward requests submitted to them by employers in Qatar to hire Macedonian workers to which the latter Ministry shall respond.

Art. 4 stipulates that requests must include all pertinent information necessary to enable the worker to make an informed decision about the employment offer. This includes working conditions, wages, end of service rewards…etc.

According to Art. 8 of the agreement, the employer must bear all travel expenses incurred by the worker when travelling from Macedonia to Qatar and back at the end of the contract, as well as the costs of travelling to Macedonia and back to Qatar when on leave. The employer is exempt from paying the return costs if the worker resigns before the end of his contract or he is fired for committing an error without being given a warning or receiving end of service benefits in accordance with Qatari Labour law.

Individual employment contracts must regulate the hiring of Macedonian workers in Qatar. The contract must follow the template provided in this agreement. The basic working conditions including the rights and obligations of each party must be defined in accordance with the terms of this agreement and the requirements of the Qatari Labour Law (Art. 9).

Art. 15 grants Macedonian workers the right to remit to Macedonia any of their savings in accordance with Qatari financial laws.

Art. 16 requires the establishment of a Joint Committee which shall have the following functions: coordinate between the governments of Qatar and Macedonia, resolve any disputes arising under the agreement, and review available positions.

Bahrain: Decision No. 18 of 2013 Regarding the Standard Regulations for Regulating Work

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 18 of 2013 Regarding the Standard Regulations for Regulating Work

 

 

Date of adoption

 

20 May 2013
 

Entry into force

 

31 May 2013
 

Text versions

Arabic

 

Source:

Official Journal Issue No. 3106 (30May2013), p. 41, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 26 July 2015, http://www.legalaffairs.gov.bh/AdvancedSearchDetails.aspx?id=20342#.VbX-MHjYuB8

 

Abstract

 

This decision adopts the standard regulations for regulating work, which shall be used as a guide by employers in preparing their own regulations (Art. 1):

In accordance with Art. 1 of the Standard Regulations attached to this decision, the provisions shall be complementary to the work contract concluded between the establishment and the worker.

Art. 6 sets a retirement age of sixty for all workers. The administration may retain the worker past his retirement ago on a temporary basis.

Workers are prohibited from working for another employer outside of their regular working hours unless they receive written approval from the administration (Art. 22).

Discrimination in wages on the basis of gender, origin, language, religion or faith is prohibited (Art. 27).

 

Bahrain: Decision No. 5 of 2014 Regarding Granting Expatriates Temporary Licenses to Work in Health Professions

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 5 of 2014 Regarding Granting Expatriates Temporary Licenses to Work in Health Professions

 

 

Date of adoption

 

23 December 2014
 

Entry into force

 

02 January 2015
 

Text versions

Arabic

Source:

Official Journal Issue No. 3190 (01January2015), pp. 36 – 39, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 26 July 2015, http://www.legalaffairs.gov.bh/AdvancedSearchDetails.aspx?id=72164#.VbX8tXjYuB8

 

Abstract

 

This decision allows expatriate health practitioners who have applied for a license to practice medicine within the Kingdom, to request a temporary license to practice until the procedure for his professional registration has been completed, in accordance with the procedures set in this decision (Art. 2).

The temporary license shall be valid for six months and may be renewed only once (Art. 5).

 

Bahrain: Law No. 15 of 1976 Issuing the Penal Code

image_pdfimage_print
 

Title

 

 

Bahrain: Law No. 15 of 1976 Issuing the Penal Code

 

 

Date of adoption

 

20 March 1976
 

Entry into force

 

08 April 1976
 

Text versions

Arabic

 

Source:

–   Official Journal Issue No. 1170 (08April 1976), pp. 3 – 74, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 26 July 2015, http://www.legalaffairs.gov.bh/Media/LegalPDF/L1576.pdf

 

Abstract

 

In accordance with Art. 389 of the Bahraini Penal Code, any person who acquires with the use of force or threat a document, a signature thereon, an amendment thereof or causes cancellation or destruction thereof shall be liable for, a prison sentence unless a severer penalty is provided for.

 

UAE:Ministerial Decision No. 286 of 2006 Regarding the Balance of Nationalisation Quotas for Private Sector Establishments

image_pdfimage_print
 

Title

 

 

UAE:Ministerial Decision No. 286 of 2006 Regarding the Balance of Nationalisation Quotas for Private Sector Establishments

 

 

Date of adoption

 

2006
 

Entry into force

 

2006
 

Text versions

Arabic

Source:

–  Ministry of Labour, United Arab Emirates, accessed: 16 June 2015, http://www.mol.gov.ae/newcontrolpanel2010/Attachments/28092008/WorkPermits-AR.htm

 

 

Abstract

 

The provisions of this decision are applicable when tied to the privileges associated with nationalisation quotas and the conditions thereof (Art. 1)

The competent authority shall insure that the establishment has completed all the procedures for group work permits registered to it, as a pre-condition for accepting its request to increase its balance of nationalisation quotas (Art. 2).

National workers shall not be counted towards the establishment’s balance of nationalisation quota if their monthly wages are less than (Art. 3):

1.      5000 Dirhams for holders of certificate higher than a high school diploma

2.      4000 Dirhams for holders of a high school diploma

3.      3000 Dirhams for those who do not hold a high school diploma

 

UAE:Ministerial Decision No. 95 of 2006

image_pdfimage_print
 

Title

 

UAE:Ministerial Decision No. 95 of 2006
 

Date of adoption

 

25 January 2006
 

Entry into force

 

11 February 2006
 

Text versions

Arabic

 

Source:

–  Ministry of Labour, United Arab Emirates, accessed: 16 June 2015, http://www.mol.gov.ae/newcontrolpanel2010/Attachments/28092008/WorkPermits-AR.htm

 

 

Abstract

 

In accordance with Art. 1 of this decision, a fee of 200 Dirhams shall be collected for each application to amend the data on work permits, work contracts or labour cards.

 

Bahrain: Law No. 19 of 2006 Regulating the Labour Market

image_pdfimage_print
 

Title

 

 

Bahrain: Law No. 19 of 2006 Regulating the Labour Market

 

 

Date of adoption

 

29 May 2006
 

Entry into force

 

31 May 2006
 

Text versions

Arabic

English

Source:

 – Official Journal Issue No. 2741 (31 May 2006), pp. 66 – 85, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 4 August 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/K1906.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Labour Market

Art. 2 defines the scope of application of this law. It does not apply to: foreigners arriving in the country to conduct temporary business activities which take less than 15 days; non-civilian foreigners hired by the Bahraini Defence Force, the National Guard and other Security Apparatuses in the Kingdom; and foreigner employed by the diplomatic, consular and international missions in the Kingdom.

In accordance with articles 3 and 4, the Labour Market Regulatory Authority is to be established and charged with the responsibility of regulating the labour market, regulating work permits, licensing recruitment agencies and employment offices and regulating permits for foreign businesses operating in the country. It is also charged with issuing the rules and regulations required for them implementation of this law (a list of the those is included in the article).

Chapter II of the law covers permits and licenses issued by the Authority and other related issues.

Foreign employees are prohibited from engaging in any work in the Kingdom unless issued a work permit. Moreover, employees may not employ foreigners who do not hold a work permit. They may not receive money from an employee in return for issuing him a work permit or allowing him to retain his position as an employee (Art. 23).

Art. 24 specifies the conditions and procedures for issuing permits.

Art. 25 regulates the transfer of foreign workers to other employers. A foreign worker may, without the consent of his employer, transfer at any time to the employment of another employer. The Authority shall grant foreign workers upon expiry or cancellation of their permits a suitable notice period to enable them to transfer to another employer and obtain a work permit. The right to transfer is lost in a number of circumstances listed in this article.

The expiration and cancellation of work permits is regulated by Art. 26 which lists the circumstances in which the Authority may cancel work permits.

The responsibility to repatriate workers at the end of the employment contract or the cancellation of the work permit lies with the last employer (Art. 27).

Self-sponsored foreigners wishing to exercise certain economic or professional business activities as determined by the Authority, must obtain a permit to do so (Art. 31). Such permits may be cancelled by the Authority in a number of circumstances (Art. 32).

Art. 33 outlines the procedures for filing grievances and appeals.

The Minister of Interior, in coordination with the Authority, shall issue a decision specifying the circumstances and requirements for allowing the families of foreign worker and self-sponsored foreign workers to reside in the Kingdom during the validity periods of their work permits (Art. 35).

 

UAE: Federal Law No. 6 of 1973 on Entry and Residence of Aliens

image_pdfimage_print
 

Title

 

 

UAE: Federal Law No. 6 of 1973 on Entry and Residence of Aliens

 

 

Date of adoption

 

 

25 July 1973

(last amended: 13 November 2007)

 

 

Entry into force

 

In effect
 

Text versions

Arabic

 

Source:

 

 

 

 

Abstract

 

A foreigner entering the country by virtue of a visa or an entry permit shall leave it upon expiry or cancellation unless he obtained a residence permit during that period. For citizens of countries exempted from the visa condition, they shall leave within thirty days of entry unless they have obtained a residence permit (Art. 12).

Every foreigner upon entering the country shall report to the Directorate General of Nationality and Residence or the police station in the region where he is living, within one week of entry. S/he shall give notice to the authorities in case of changing place of residence within a week (Art. 13).

Art. 17 as amended by Federal Law No. 13 of 1996:

The residence permit shall be issued for a period of three years, renewable upon expiry. The Director General of Nationality and Residence shall also issue a residence card. If lost, the foreigner shall report this to the Directorate.

In accordance with Art. 21 as amended by Federal Laws 7 of 1985 and 13 of 1996, every foreigner whose visa or residence permit has expired or been cancelled and who has failed to either renew it – if possible – or leave within a period of thirty days of its expiry, shall be liable to a fine of 100 Dirhams per each day of illegal stay in the country. In the case of newborn children, the period shall be extended to four months since birth. In case of non-payment of the fine, the infringer shall be incarcerated for three months or required to pay a fine of up to four thousand Dirhams. The Court may also order his deportation.

Chapter Six of this law deals with the deportation of foreigners.

 

The Minister of Interior may order the deportation of an alien, even if he is a holder of a residence permit if his deportation is part of a court judgment, or if he has no evident means to earn a living, or if it is considered by the Security authorities as required by public policy, security or morals (Art. 23). The deportation order may include members of the foreigner’s family who are supported by him (Art. 24).

 

Chapter Seven of this law deals with penalties.

 

Art. 34 (1) deals with the penalties imposed on sponsors of foreigners in various situations.

 

 

UAE: Ministerial Decision No. 92 of 2006

image_pdfimage_print
 

Title

 

UAE: Ministerial Decision No. 92 of 2006
 

Date of adoption

 

25 January 2006
 

Entry into force

 

11 February 2006
 

Text versions

Arabic

Source:

–  Ministry of Labour, United Arab Emirates, accessed: 16 June 2015, http://www.mol.gov.ae/newcontrolpanel2010/Attachments/28092008/WorkPermits-AR.htm

 

 

Abstract

 

Pursuant to Art. 1 of this decision, establishments who employ 100 or more workers and who abide by the following conditions may submit individual work permit applications to replace workers whose permits it cancelled without going through the Work Permit Committees:

1.      Meet the nationalisation quota

2.      Appoint a government relations coordinator who is a national

3.      Pay wages and submit the periodical wage report to the Ministry on time

4.      Not have any expired work permits or labour cards.

 

To obtain approval for the new work permit, it shall be submitted within 90 days of cancellation of the worker’s permit and the new worker must be of the same nationality, sex and profession. Proof that the former worker has left must also be submitted (Art. 2).

 

UAE:Ministerial Decision No. 87 of 2006

image_pdfimage_print
 

Title

 

UAE:Ministerial Decision No. 87 of 2006
 

Date of adoption

 

25 January 2006
 

Entry into force

 

11 February 2006
 

Text versions

Arabic

Source:

–  Ministry of Labour, United Arab Emirates, accessed: 16 June 2015, http://www.mol.gov.ae/newcontrolpanel2010/Attachments/28092008/WorkPermits-AR.htm

 

 

Abstract

 

This decision sets the procedure for the issuance and extension of work permits. In accordance with Art. 1, work permits are valid for 60 days and payment of fees must be completed during the validity period.

Employers who wish to extend the validity period may submit an application at the end of the period (Art. 2).

The conditions for extending the validity period are set out in Art. 3 and include submitting the application within sixty days of the work permit’s validity, and payment of a 500 Dirham fee for an extension of 10 days and a similar amount for each extension request. The extension may be requested up to six times.

A work permit is cancelled if its validity period had expired and extension has not been granted. The extension fee shall be waived (Art. 4).

A fee of 500 Dirhams shall be paid for the cancellation of an unused work permit if six months have passed since the expiry of its validity period. An unused work permit shall be cancelled without payment of a fee if six months have not passed since the expiry of its validity period (Art. 5).

 

UAE:Ministerial Decision No. 854 of 2005 Regarding the Issuance of Work Permits, Transfer of Sponsorship, and Renewal of Labour Cards of Workers in the Private Sector Who’ve Turned Sixty

image_pdfimage_print
 

Title

 

 

UAE:Ministerial Decision No. 854 of 2005 Regarding the Issuance of Work Permits, Transfer of Sponsorship, and Renewal of Labour Cards of Workers in the Private Sector Who’ve Turned Sixty

 

 

Date of adoption

 

17 September 2005
 

Entry into force

 

2005
 

Text versions

Arabic

 

Source:

–   Ministry of Labour, United Arab Emirates, accessed: 16 June 2015, http://www.mol.gov.ae/newcontrolpanel2010/Attachments/28092008/WorkPermits-AR.htm

 

 

Abstract

 

The renewal of labour cards for foreign labour who have reached the age of sixty shall proceed in the following manner:

a.      The labour cards of workers who are between 60 and 65 years old shall be renewed annually after payment of set fees and this includes all categories of workers.

b.      The renewal of labour cards of workers who are above 65 and up to 70 years old shall be limited to the following professions: engineers; doctors; university professors; accountants and auditors; technicians working in the field of electronic equipment and laboratories; specialists in private oil companies; specialists in the field of media and journalism; lawyers; translators; highly qualified individuals in rare technical fields; consultants in all fields; and any other fields approved by the deputy minister or the assistant deputy minister.

In accordance with Art. 2, new work permits may be issued for workers outside the country who are aged 60 – 65 if they belongto one of the categories listed in article 1(b).

Approval may be granted for the transfer of sponsorship of workers who have turned sixty in the following manner (Art. 3):

a.      Workers aged 60 – 65 may be transferred after payment of fees and submittal of a bank guarantee if requested for all categories of workers.

b.      Workers aged above 65 and up to 70 may be transferred if the belong to one of the categories listed in article 1(b) and after payment of fees and submittal of a bank guarantee if requested.

 

UAE:Ministerial Decision No. 167 of 2004 Amending Ministerial Decision No. 161 of 2003 Regarding the Non-Recruitment of New Foreign Labour Without a High School Diploma

image_pdfimage_print
 

Title

 

 

UAE:Ministerial Decision No. 167 of 2004 Amending Ministerial Decision No. 161 of 2003 Regarding the Non-Recruitment of New Foreign Labour Without a High School Diploma

 

 

Date of adoption

 

2004
 

Entry into force

 

2004
 

Text versions

Arabic

Source:

–  Ministry of Labour, United Arab Emirates, accessed: 16 June 2015, http://www.mol.gov.ae/newcontrolpanel2010/Attachments/28092008/WorkPermits-AR.htm

 

 

Abstract

 

The following activities shall be added to the list of activities for which recruitment of foreign labour without having a high school diploma is permitted (Art. 1):

a.      Contracting the establishment and repair of sewage networks and grids

b.      Contracting the establishment and repair of water networks and grids

c.       Contracting the establishment and repair of electrical grids

d.      Contracting the establishment of oil and natural gas lines

e.      Contracting the establishment and repair of electrical lines

 

UAE:Ministerial Decision No. 140 of 1999

image_pdfimage_print
 

Title

 

UAE:Ministerial Decision No. 140 of 1999
 

Date of adoption

 

1999
 

Entry into force

 

1999
 

Text versions

Arabic

Source:

–  Ministry of Labour, United Arab Emirates, accessed: 16 June 2015, http://www.mol.gov.ae/newcontrolpanel2010/Attachments/28092008/WorkPermits-AR.htm

 

 

Abstract

 

Pursuant to Art. 1 of this decision, foreign mothers who are sponsored by their national sons may be granted labour cards to work in the private sector in the same manner wives and unmarried daughters are.

 

UAE: Council of Ministers Decision No. 4 of 1994 Regulating Foreign Workers’ Sponsorship of Family Members and Domestic Workers

image_pdfimage_print
 

Title

 

 

UAE: Council of Ministers Decision No. 4 of 1994 Regulating Foreign Workers’ Sponsorship of Family Members and Domestic Workers

 

 

Date of adoption

 

1994
 

Entry into force

 

01 September 1994
 

Text versions

Arabic

Source:

–  Ministry of Labour, United Arab Emirates, accessed: 16 June 2015, http://www.mol.gov.ae/newcontrolpanel2010/Attachments/28092008/WorkPermits-AR.htm

 

 

Abstract

 

In accordance with Art. 1 of this decision, only the following categories of persons are allowed to sponsor the residence of family members:

Engineers; Doctors, pharmacists and nurses; Agricultural consultants; Qualified accountants and auditors; Teachers in all educational institutions; Policemen and members of the armed forces;

Technicians working with scientific electronic instruments and in laboratories; Advocates and lawyers; Employees in oil companies; Qualified managers; and Businessmen who are partners in companies with limited liability with a minimum share of 70,000 AED or equivalent to a third of the total share.

Sponsorship of family members for persons that fall into any of the categories listed in article 1 is contingent upon making a salary of 4000 Dirhams if his employer provides him with accommodation or 5000 Dirhams without accommodation (Art. 2)

Art. 3 defines family members as the wife, male children under the age of 18, and unmarried daughters.

Art. 4 relating to the right to sponsor a maid was deleted by Council of Ministers Decision No. 1/428 of 1995 ratifying the above decision.

 

UAE:Council of Ministers Decision No. 3/455 of 2004

image_pdfimage_print
 

Title

 

 

UAE:Council of Ministers Decision No. 3/455 of 2004

 

 

Date of adoption

 

 

2004

 

Entry into force

 

2004
 

Text versions

Arabic

 

Source:

–  Ministry of Labour, United Arab Emirates, accessed: 16 June 2015, http://www.mol.gov.ae/newcontrolpanel2010/Attachments/28092008/WorkPermits-AR.htm

 

 

Abstract

 

The Council of Ministers approved in its session No. (25) held on July 5th, 2004the granting of work permits (labour card) to foreigners sponsored by their national wives if the couple has obtained pre-approval for their marriage.

 

UAE: Council of Ministers Decision No. 7/7 of 2003

image_pdfimage_print
 

Title

 

UAE: Council of Ministers Decision No. 7/7 of 2003

 

 

Date of adoption

 

2003
 

Entry into force

 

2003
 

Text versions

Arabic

Source:

–  Ministry of Labour, United Arab Emirates, accessed: 16 June 2015, http://www.mol.gov.ae/newcontrolpanel2010/Attachments/28092008/WorkPermits-AR.htm

 

 

Abstract

 

The Council of Ministers approved in its session No. (1) held on January 13th, 2003 the recommendation to amend article (4) of Council of Ministers Decision No. 1/563 of 2001 in the following manner:

1.      New foreign labourers who do not hold a high school certificate or its equivalent may not be recruited. Labourers who work in the construction sector as well as those who are recruited from Arab countries shall be exempted in accordance with the kind of work permits and the rules and conditions the Ministry sets. This rule shall become applicable starting from January 2003, and the Ministry of Labour and Social Affairs and the Ministry of Interior shall write the rules necessary for its implementation.

2.      The labour cards of foreign labourers present in the country shall continue to be renewed.

Council of Ministers Decision No. 4/356 of 2005 repeals the amended article 4 of Council of Ministers Decision No. 1/563 of 2001 and article 1 of the above decision.

 

Convention relating to the Status of Stateless Persons

image_pdfimage_print
Title  

Convention relating to the Status of Stateless Persons

 

Date of conclusion  

28 September 1954

 

 

Date of entry into force

 

6 June 1960
Text versions English

–  Official source:United Nations, Treaty Series, vol. 360, p.117.

 

Gulf Countries

 

 

Signature

 

 

Ratification (r)/Accession(a)

KUWAIT
QATAR
SAUDI ARABIA (KINGDOM OF)
OMAN
BAHRAIN
UNITED ARAB EMIRATES

 

Convention on the Nationality of Married Women

image_pdfimage_print
 Title  

 

Convention on the Nationality of Married Women

 

 

Date of conclusion  

20 February 1957

 

 

Date of entry into force

 

 

11 August 1958

 

Text versions

English

Arabic

 

Official source:United Nations, Treaty Series, vol. 309, p. 65.

 

 

Gulf Countries

 

 

Signature

 

 

Ratification (r)/Accession(a)

KUWAIT
QATAR
SAUDI ARABIA (KINGDOM OF)
OMAN
BAHRAIN
UNITED ARAB EMIRATES

 

Vienna Convention on Consular Relations

image_pdfimage_print
Title  

Vienna Convention on Consular Relations

 

Date of conclusion  

24 April 1963

 

 

Date of entry into force

 

19 March 1967
Text versions English

–  Official source:United Nations, Treaty Series, vol. 596, p. 261.

 

 

Gulf Countries

 

 

Signature

 

 

Ratification (r)/Accession(a)

KUWAIT 10 January 1964 31 July 1975(r)
QATAR 4 November 1998(a)
SAUDI ARABIA (KINGDOM OF) 29 June 1988(a)
OMAN 31 May 1974(a)
BAHRAIN 17 September 1992(a)
UNITED ARAB EMIRATES 24 February 1977(a)

 

Oman: Omani Citizenship Law (Repealed)

image_pdfimage_print
 

Title

 

 

Oman: Omani Citizenship Law (Repealed)

 

 

Date of adoption

 

1983
 

Entry into force

 

1983
 

Text versions

Arabic

Source:

Sultanate of Oman Royal Oman Police, accessed: 01June 2015, http://www.rop.gov.om/english/roplaws.asp

 

 

Abstract

 

Art. 1 lists the persons who are considered to be Omani citizens under this law.

In accordance with Art. 2, a foreigner may apply for Omani citizenship if he meets the following conditions:

1.      If he is of age and able to read and write in Arabic

2.      If he has resided in Oman continuously for no less than twenty years or ten years if he is married to an Omani citizen.

3.      Good conduct, good health, and a clean record of conviction for crimes involving dishonesty or moral turpitude.

4.      Having a legitimate source of income sufficient to provide for the applicant and his dependents.

5.      Submitting an application to the Ministry of Interior along with a declaration of willingness to renounce his former nationality if the law in his country of origin permits it.

A foreign woman married to a foreigner who has acquired Omani citizenship may apply for citizenship provided she has been married to him and resided with him in Oman for at least five years. Young children obtain citizenship if the father has acquired it. Adult children may apply for it if they meet the conditions set in article 2 (Art. 4).

A foreign woman married an Omani citizen may apply for citizenship after five years of marriage and residence in Oman have passed (Art. 5).

Pursuant to Art. 8, dual citizenship is prohibited unless authorized by a Sultan’s Decree. An Omani citizen may not renounce his citizenship in favour of another unless authorized to do so by a Sultan’s Decree.

 

UAE: Ministerial Decision No. 757 of 2006 Regarding the System for Obtaining an Establishment Card

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 757 of 2006 Regarding the System for Obtaining an Establishment Card

 

 

Date of adoption

 

 

11 October 2006

(last amended by: MD 633 of 2008)

 

 

Entry into force

 

In effect
 

Text versions

Arabic

 

Source:

Ministry of Labour, United Arab Emirates, accessed 11May 2015, http://www.mol.gov.ae/molwebsite/ar/labour-law/announcements.aspx

 

 

Abstract

 

In accordance with Art. 2 (2) of this decision as amended by Ministerial Decision No. 633 of 2008, non-nationals who are authorized to work for another establishment that is registered with the Ministry, may become an owner or partner in another establishment, as long as he does not acquire a paid or unpaid position in that establishment without obtaining a permit from the Ministry first.

 

Art. 13 mandates the settlement of workers’ situation either through cancellation of sponsorship, transfer of sponsorship, or a commitment from the new owner of the establishment to allow them to work for him under the same conditions as a minimum.

 

 

UAE: Ministerial Resolution No. 28/1 of 1981 Issuing the Standard Disciplinary Code to Guide Employers in Making Disciplinary Regulations

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Resolution No. 28/1 of 1981 Issuing the Standard Disciplinary Code to Guide Employers in Making Disciplinary Regulations

 

 

Date of adoption

 

19 April 1981
 

Entry into force

 

In effect
 

Text versions

Arabic

 

Source:

Ministry of Labour and Social Affairs, United Arab Emirates, accessed 13May 2015, http://www.mol.gov.ae/molwebsite/ar/labour-law/announcements.aspx

 

Abstract

 

This resolution issues the disciplinary code, which shall guide employers in formulating the disciplinary regulations to be applied in their establishments (Art. 1).

In accordance with Art. 3, employers are required to display the disciplinary code in a visible location upon receiving approval from the labor department in Arabic and in another language, which is easily understood by workers.

 

UAE: Cabinet Decision No. 13 of 2009 Approving the General Standards Manual for Group Labor Accommodation and Related Services

image_pdfimage_print
 

Title

 

 

UAE: Cabinet Decision No. 13 of 2009 Approving the General Standards Manual for Group Labor Accommodation and Related Services

 

 

Date of adoption

 

17 March 2009
 

Entry into force

 

In effect
 

Text versions

English

 

Source:

–   Health Authority – Abu Dhabi, United Arab Emirates, accessed 12January 2015.

 

 

Abstract

 

Pursuant to Art. 1 of this decision, the attached General Standards Manual for Group Labor Accommodation and Related Services, shall apply to group labor accommodations housing five hundred or more laborers.

Within a maximum of five years from 1/9/2009, any establishment in the UAE that has a group labor accommodation housing five hundred laborers or more shall ensure that the aforementioned standards are complied with (Art. 3).

This decision applies to all UAE zones including the free zones (Art. 5).

 

UAE: Council of Ministers Decision No. 6 of 2005 Regarding the Imposition of Fees for Surgical Procedures and Hospital Stay for Non-Nationals

image_pdfimage_print
 

Title

 

 

UAE: Council of Ministers Decision No. 6 of 2005 Regarding the Imposition of Fees for Surgical Procedures and Hospital Stay for Non-Nationals

 

 

Date of adoption

 

 

11 April 2005

(last amended: COM Decision No. 32 of 2010)

 

 

Entry into force

 

In effect
 

Text versions

Arabic

 

Source:

Ministry of Health, United Arab Emirates, accessed 02May 2015, http://www.moh.gov.ae/FlipBooks/PublicHealthPolicies/PHP-QPM-AR-6/index.html#p=4

 

 

Abstract

 

Art. 1 lists the costs of various surgical procedures according to type and scope (as amended by COM Decision No. 32 of 2010).

Art. 2 lists the cost of hospital stay per night which are valid for both patients who have a health card and those who do not.

In accordance with Art. 4, the cost of the fees listed in article 1 increase by 100% for those patients who do not hold a health card issued by the Ministry of Health.

 

UAE: Law No. 11 of 2013 Regarding Health Insurance in the Emirate of Dubai

image_pdfimage_print
 

Title

 

 

UAE: Law No. 11 of 2013 Regarding Health Insurance in the Emirate of Dubai

 

 

Date of adoption

 

24 November 2013
 

Entry into force

 

15 February 2013
 

Text versions

Arabic

Source:

Official Journal Issue No. 373, Year 47, 15 December 2013, pp. 10 – 27, retrieved from: Health Authority–Dubai, accessed 02May 2015, http://www.isahd.ae/content/docs/Health%20Insurance%20Law.pdf

 

Abstract

 

The scope of applicability of this law is defined in Art. 4 and includes nationals, residents, visitors, employers, sponsors and others.

Art. 8 lists the categories of beneficiaries according to the health benefits they are entitled to. The second category is Health Benefits for Residents consisting of the health services provided by the employer or sponsor, which include the basic insurance coverage at a minimum and may be extended to include additional coverage for the beneficiary and his family members.

In accordance with Art. 9, the employer is responsible for providing basic health insurance coverage for his employees and a sponsor is responsible for providing the same for persons he sponsors who have no employer.

Art. 10 lists the responsibilities of the employer which include bearing the complete cost of the health insurance coverage, ensuring its validity, bearing costs of emergency treatment for workers who are not covered by an insurance policy, and providing a health insurance card to each of his employees.

 

UAE: Executive Regulations of Law No. 23 of 2005 Regarding the Health Insurance Scheme for the Emirate of Abu Dhabi

image_pdfimage_print
 

Title

 

 

UAE: Executive Regulations of Law No. 23 of 2005 Regarding the Health Insurance Scheme for the Emirate of Abu Dhabi

 

 

Date of adoption

 

10 September 2005
 

Entry into force

 

In effect
 

Text versions

English

Source:

Health Authority, Abu Dhabi, accessed 02May 2015, http://www.haad.ae/HAAD/LinkClick.aspx?fileticket=5exKFrTZQps%3D&tabid=136

 

Abstract

 

In accordance with Art. 4 (6), sponsors shall subscribe to the Health Insurance Scheme, under the appropriate insurance policy, for persons entering the State on a visit visa under the sponsor’s sponsorship if their stay exceeds two months.

Schedule 1 sets out the Basic Healthcare Services that shall be made available to every Resident Expatriate in the Emirate (Art. 8).

Pursuant to Art. 9 (2), the sponsor or employer shall cover the actual cost of healthcare in medical emergencies in the event that the injured person is not insured.

An employer shall be bear the cost of Basic Health Insurance Policies for his employees and their dependents and shall not pass on the cost of providing such policies, or any part thereof, to his employees (Art. 11 (5)).

 

UAE: Law No. 23 of 2005 Regarding the Health Insurance Scheme for the Emirate of Abu Dhabi

image_pdfimage_print
 

Title

 

 

UAE: Law No. 23 of 2005 Regarding the Health Insurance Scheme for the Emirate of Abu Dhabi

 

 

Date of adoption

 

10 September 2005
 

Entry into force

 

In effect
 

Text versions

English

 

Source:

–  Health Authority, Abu Dhabi, accessed 02May 2015, http://www.haad.ae/HAAD/LinkClick.aspx?fileticket=5exKFrTZQps%3D&tabid=136

 

 

Abstract

 

In accordance with Art. 2, the provisions of this law shall be applicable to the expatriates and their families residing in the Emirate of Abu Dhabi.

Art. 3 lists the persons exempted from the health insurance scheme under this law.

Subscription to the health insurance scheme is obligatory for non-nationals and their families who reside in the Emirate (Art. 4).

Pursuant to Art. 5, every employer shall provide health insurance coverage for all his employees and their families (wife and three of the children under 18). Moreover, every sponsor shall subscribe to the scheme for any person under his sponsorship unless such a person is entitled for health insurance coverage by an employer.

Art. 12 lists the medical treatment services provided for under the health insurance scheme.

 

UAE: Ministerial Decision No. 7 of 2008 Regarding the Medical Examination Procedure for Expatriates Residing or Working in the Country

image_pdfimage_print

 

 Title

 

 

UAE: Ministerial Decision No. 7 of 2008 Regarding the Medical Examination Procedure for Expatriates Residing or Working in the Country

 

 Date of adoption

 

04 February 2008
 Entry into force

 

01 July 2008
 Text versions Arabic

Source:

–  Ministry of Health, United Arab Emirates, accessed 02May 2015, http://www.haad.ae/haad/Portals/0/Health%20Regulation%20Laws/Book2_En/index.html

 

 

Abstract

 

Art. 2 of this decision lists the medical tests required of expatriates entering the UAE for purposes of work, study or residence and specifies whether or not entry is permitted based on the result of each test.Exempted from the requirement of physical fitness before residency may be granted are family members of nationals: spouse, children and parents (Art. 4).

 

Qatar: Agreement between his Majesty’s Government of Nepal and the Government of the State of Qatar Concerning Nepalese Manpower Employment in the State of Qatar

image_pdfimage_print
 

Title

 

 

Qatar: Agreement between his Majesty’s Government of Nepal and the Government of the State of Qatar Concerning Nepalese Manpower Employment in the State of Qatar

 

 

Date of conclusion

 

21 March2005
 

Entry into force

 

Unknown
 

Text versions

English

Source:

–  Centre for the Study of Labour and Mobility, retrieved from: http://www.ceslam.org/index.php?pageName=content&contentId=148, accessed: 23 April 2015.

 

 

Abstract

 

In accordance with Art. 6, the employer shall bear the travel expenses of workers from and to Nepal at the beginning and end of service. He shall also bear the travel costs during leave periods as provided for in the employment contract. Exemptions from the preceding requirement include resignation prior to the expiry of the contract or breach of contract, which results in dismissal of the worker without notice or payment of gratuity in accordance with Qatari Labour Law.

Art. 7 mandates the stipulation of the terms and conditions of employment of workers in the work contract, which shall clearly specify the basic employment conditions and the rights and obligations of the two sides and shall be in line with the provisions of the Qatari Labour law and the provisions of this agreement.

The individual employment contract shall also provide in detail the employer’s obligations regarding the worker’s accommodation, the kind of accommodation to be provided or the provision of accommodation allowances to the workers, and medical treatment (Art. 8).

The agreement is valid for four years, subject to renewal for similar periods of time (Art. 16).

 

UAE: Memorandum of Understanding between the Government of Nepal and the Government of the United Arab Emirates in the Field of Manpower

image_pdfimage_print
 

Title

 

 

UAE: Memorandum of Understanding between the Government of Nepal and the Government of the United Arab Emirates in the Field of Manpower

 

 

Date of conclusion

 

03July2007
 

Entry into force

 

03July 2007
 

Text versions

English

Source:

–  Centre for the Study of Labour and Mobility, retrieved from: http://www.ceslam.org/index.php?pageName=content&contentId=148, accessed: 23 April 2015.

 

Abstract

 

In accordance with Art. 4 (1 & 2), the employer shall be responsible for the placement and recruitment of manpower from Nepal,which shall be done through a mutual selection process according to the needs. Moreover, the Nepalese expatriate worker shall enjoy protection in relation to the placement of service,accommodation, social and health services as well as other facilities prevailing according to the rules and regulations in UAE.

Art. 6 mandates the stipulation of the terms and conditions of employment of workers in the UAE in the work contract, which shall clearly state the rights and obligations of the two sides and shall be in line with the provisions of the Labour law and regulations.

The agreement is valid for four years, subject to renewal for a similar period of time (Art. 11).

 

Bahrain: Decision No. 12 of 1977Specifying and Regulating the Necessary Precautions for the Protection of Workers Engaged in Construction, Civil Engineering and Ship Building Work

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 12 of 1977Specifying and Regulating the Necessary Precautions for the Protection of Workers Engaged in Construction, Civil Engineering and Ship Building Work

 

 

Date of adoption

 

08 August 1977
 

Entry into force

 

25 November 1977
 

Text versions

Arabic

Source:

–  Official Journal Issue No. 1242 (25August 1977), pp. 5 – 18, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 23April 2015, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLSA1277.pdf

 

 

Abstract

 

This decision sets the specifications for safely conducting work in the areas of construction, civil engineering and the building of ships.

In accordance with Art. 22, if a worker is to be transported to and from work using water transportation then the proper safety procedures must be implemented to ensure his safety. Ships used for that purpose must be well made, functioning properly, run by professionals and must not be overloaded.

Art. 27 prohibits requiring workers to lift, transport or move a heavy weight which could result in an injury.

Employers shall commit to providing workers with safety helmets, boots and other protective gear to prevent injury and workers shall commit to using them (Art. 32).

 

Bahrain: Law No. 15 of 1976 Issuing the Penal Code

image_pdfimage_print
 

Title

 

 

Bahrain: Law No. 15 of 1976 Issuing the Penal Code

 

 

Date of adoption

 

20 March 1976
 

Entry into force

 

08 April 1976
 

Text versions

Arabic

Source:

–  Official Journal Issue No. 1170 (08April 1976), pp. 3 – 74, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 23 April 2015, http://www.legalaffairs.gov.bh/Media/LegalPDF/L1576.pdf

 

Abstract

 

If a foreigner, male or female, is convicted of one of the crimes listed under this law, the judge may order his/her deportation from Bahrain either permanently or for a period of time no less than three years (Art. 331).

 

Bahrain: Memorandum of Understanding in the Areas of Labour and Occupational Training between the Government of Nepal and the Government of the Kingdom of Bahrain

image_pdfimage_print
 

Title

 

 

Bahrain: Memorandum of Understanding in the Areas of Labour and Occupational Training between the Government of Nepal and the Government of the Kingdom of Bahrain

 

 

Date of conclusion

 

29 April 2008
 

Entry into force

 

29 April 2008
 

Text versions

English

Source:

–  Centre for the Study of Labour and Mobility, retrieved from: http://www.ceslam.org/index.php?pageName=content&contentId=148, accessed: 10 April 2015.

 

Abstract

 

The aim of this MOU is to,among other things, make use of the services of Nepalese Recruitment Agencies specialized in the areas of labour permitted by the Government of Nepal to provide their services to employers in the Kingdom of Bahrain (Art. 4).

In accordance with Art. 6, any contract entered into between a Bahraini employer and a Nepalese employee shall stipulate the rights and obligations of both employer and employee in accordance with the provisions of the laws and regulations applicable in Bahrain.

Art. 7 details the fundamental elements that should be included in any contract signed between a Bahraini employer and a Nepalese employee in accordance with the Bahraini employee.

Art. 14 is a dispute settlement clause

The agreement is valid for three years, subject to renewal for a similar period of time (Art. 15).

 

Bahrain: Memorandum of Agreement between the Government of the Republic of the Philippines and the Government of the Kingdom of Bahrain on Health Services Cooperation

image_pdfimage_print
 

Title

 

 

Bahrain: Memorandum of Agreement between the Government of the Republic of the Philippines and the Government of the Kingdom of Bahrain on Health Services Cooperation

 

 

Date of conclusion

 

 

04 April 2007

 

Entry into force

 

 

Text versions

English

Source:

–   Republic of the Philippines Department of Labor and Employment, Philippine Overseas Employment Administration (POEA), retrieved from: http://www.poea.gov.ph/lmi/Bilateral%20Agreements/BLA_PH_Bahrain2007.pdf, accessed: 10 April 2015.

 

 

Abstract

 

This agreement includes both general and specific objectives. Of the specific objectives the exchange of human resources for health includes an agreement on recruitment, which should be in accordance with the national health and development policies and legal and regulatory framework of the contracting parties (A1).

The rights of workers under this agreement include the provision of equal employment opportunity in terms of pat and other employment conditions such as access to training and career development opportunities. Human resources for health recruited from the Philippines shall enjoy the same rights and responsibilities as provided for by relevant ILO conventions (A2)

This MOA is valid until terminated by either party by giving a written notice through diplomatic channels prior to the intended date of termination (X).

 

Bahrain: Memorandum of Understanding between the Republic of India and the Kingdom of Bahrain on Labour and Manpower Development

image_pdfimage_print
 

Title

 

 

Bahrain: Memorandum of Understanding between the Republic of India and the Kingdom of Bahrain on Labour and Manpower Development

 

 

Date of conclusion

 

 

17 June 2009

 

Entry into force

 

 

17 June 2009

 

Text versions

English

Source:

–  Ministry of Overseas Indian Affairs, The Government of India, retrieved from: http://moia.gov.in/writereaddata/pdf/BAHRAIN1.pdf, accessed: 10 April 2015.

 

 

Abstract

 

The aim of this MOU is to facilitate the mobilization and recruitment of manpower between the two countries. Recruitment of manpower in India and its entry into Bahrain shall be regulated in accordance with the relevant laws, rules and procedures of the two countries (Art. 3).

In accordance with Art. 4, the placement of manpower under this MOU will be need based and all recruited employees shall be given protection under the labour law of Bahrain. The parties also agree to take steps to protect Indian employees not within the purview of the labour law.

Art. 5 stipulates that every demand for employees shall include a specification of the duration of the contract and the conditions of employment.

The agreement is valid for four years, subject to renewal for a similar period of time (Art. 13).

 

Oman: Memorandum of Understanding between the Ministry of Overseas Indian Affairs in the Republic of India and the Ministry of Manpower in the Sultanate of Oman in the Field of Manpower

image_pdfimage_print
 

Title

 

 

Oman: Memorandum of Understanding between the Ministry of Overseas Indian Affairs in the Republic of India and the Ministry of Manpower in the Sultanate of Oman in the Field of Manpower

 

 

Date of conclusion

 

 

08 November 2008

 

Entry into force

 

 

08 November 2008

 

Text versions

English

Source:

–   Ministry of Overseas Indian Affairs, The Government of India, retrieved from: http://moia.gov.in/writereaddata/pdf/mou_oman(3-1-14).pdf, accessed: 10 April 2015.

 

 

Abstract

 

 

 

The aim of this MOU is to facilitate the recruitment of Indian manpower and its entry into Oman, which shall be regulated in accordance with the relevant laws, rules and procedures of the two countries (Art. 3).

In accordance with Art. 5, the employment of manpower shall be in accordance with the employment contract and all recruited employees shall be given protection under the labour law and regulations in force in the Sultanate of Oman.

Art. 7 stipulates that every employment contract shall include a specification of the duration of the contract and the conditions of employment including the rights and obligations of each party.

The employment country shall be valid for a renewable period of two years upon the consent of the Ministry of Manpower in the Sultanate of Oman (Art. 9).

The agreement is valid for five years, subject to renewal for a similar period of time (Art. 12).

 

Qatar: Decree No. 7 of 1980 regulating Private Schools

image_pdfimage_print
 

Title

 

Qatar: Decree No. 7 of 1980 regulating Private Schools
 

Date of adoption

 

06 July 1980
 

Entry into force

 

In effect
 

Text versions

Arabic

English

Source:

–  Official Journal Issue No. 8, p. 2955. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 11March 2015.

http://www.almeezan.qa/LawPage.aspx?id=590&language=ar

http://www.almeezan.qa/LawPage.aspx?id=590&language=en

 

Abstract

 

In accordance with Art. 3 of this decree, natural or legal persons may operate private schools after obtaining the necessary license from the Ministry of Education.

Art. 8 stipulates that the owner of an Arab private school shall be a Muslim and a Qatari or sponsored by a Qatari national.

Arab private schools shall use the same curricula and textbooks designated for similar Ministry schools, whereas non-Arab private schools are required to submit their curricula and textbooks to the Ministry of Education for approval (Art. 15).

Financial subsidies may be granted and teachers supplied to non-Arab private schools where such schools teach the Arabic language, Sharia subjects, and the history and geography of Qatar in accordance with the curricula and textbooks of the Ministry (Art. 16).

 

Oman: Sultan’s Decree No. 102 of 1994 Issuing the Investment of Foreign Capital Law

image_pdfimage_print
 

Title

 

 

Oman: Sultan’s Decree No. 102 of 1994Issuing the Investment of Foreign Capital Law

 

 

Date of adoption

 

16 October 1994
 

Entry into force

 

In effect
 

Text versions

Arabic

English

Source:

–  Ministry of Legal Affairs, Sultanate of Oman, accessed: 09 March 2015, http://www.mola.gov.om/mainlaws.aspx

 

Abstract

 

In accordance with Art. 1, non-Omanis shall not engage in any commercial, industrial or tourism business activities nor participate in an Omani Company without first obtaining a license from the Ministry of Commerce.

Art. 2 sets the conditions that must be met before the license mentioned in article 1 can be obtained. Art. 3 lists the exemptions from the conditions set in article 2.

Some of the companies licensed under this law which carry out their major activity in areas listed in Art. 8.1 are exempt from income tax for a period of five years, which may be renewed once (Art. 8.2).

The land needed for investment projects may be allocated by usufruct or through rent for a long period (Art. 10).

The penalty imposed on foreigners who conduct any business referred to in this Law without first obtaining a license is a fine of 5000 – 10000 Omani Riyals (Art. 17).

 

Oman: Sultan’s Decree No. 4 of 2000 Issuing the Extradition of Criminals Law

image_pdfimage_print
 Title

 

Oman: Sultan’s Decree No. 4 of 2000Issuing the Extradition of Criminals Law

 

 Date of adoption

 

22 January 2000
 Entry into force

 

In effect
 Text versions ArabicSource:

Ministry of Legal Affairs, Sultanate of Oman, accessed: 09 March 2015, http://www.mola.gov.om/mainlaws.aspx

 

Abstract

 

The extradition of foreigners is prohibited in a number of cases under this decree and those include situations where the foreigner has been granted the right of political asylum before the extradition request is submitted and for as long as it continues to be in effect; and situations where the crime on the basis of which extradition is requested is a political one or if the extradition is requested for political reasons (Art. 3).

 

Oman: Sultan’s Decree No. 5 of 1981 Organizing Usufruct Over the Sultanate’s Lands

image_pdfimage_print
 

Title

 

 

Oman: Sultan’s Decree No. 5 of 1981Organizing Usufruct Over the Sultanate’s Lands

 

 

Date of adoption

 

13 January 1981
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

Ministry of Legal Affairs, Sultanate of Oman, accessed: 09 March 2015, http://www.mola.gov.om/mainlaws.aspx

 

Abstract

 

In accordance with Art. 1 of this decree, the right of usufruct may not be extended to non-Omanis who are not citizens of the GCC or establishments in which the share of ownership of Omanis or GCC citizens are less than 30%, without the approval of the Council of Ministers.

 

Oman: Sultan’s Decree No. 57 of 1993 Issuing Provisions Regulating Gulf Investment

image_pdfimage_print
 

Title

 

 

Oman: Sultan’s Decree No. 57 of 1993 Issuing Provisions Regulating Gulf Investment

 

 

Date of adoption

 

10 October 1993
 

Entry into force

 

In effect
 

Text versions

English

Arabic

Source:

Ministry of Legal Affairs, Sultanate of Oman, accessed: 09 March 2015, http://www.mola.gov.om/mainlaws.aspx

 

Abstract

 

Citizens of the GCC Countries may acquire shares in public joint stock companies fully owned by Omani citizens so long as those shares do not exceed 25% of the company’s capital. This is applicable to all economic activities in the Sultanate subject to the approval of the companies’ General Assemblies (Art. 1).

 

Oman: Sultan’s Decree No. 40 of 1977Issuing the Compensation for Work Injuries and Professional Diseases Law

image_pdfimage_print
 

Title

 

 

Oman: Sultan’s Decree No. 40 of 1977Issuing the Compensation for Work Injuries and Professional Diseases Law

 

 

Date of adoption

 

14 May1977
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

–   Ministry of Legal Affairs, Sultanate of Oman, accessed: 09March 2015, http://www.mola.gov.om/mainlaws.aspx

 

Abstract

 

Among the categories of persons to whom this law is not applicable are domestic workers, craftsmen, and agricultural workers (Art. 2).

Art. 3 requires employers to insure themselves and their employees against any responsibility they may bear as a result of the implementation of this law.

In accordance with Art. 32, if the work injury results in the death of the worker or leaves him permanently disabled, then the amount of compensation payable to his dependents shall be 36 times his basic salary and living expenses bonus (if applicable). The compensation shall not be less than 1300 Omani Riyals or more than 2400.

 

Oman: Sultan’s Decree No. 113 of 2011 Amending Some Provisions of the Labour Law

image_pdfimage_print
 

Title

 

 

Oman: Sultan’s Decree No. 113 of 2011 Amending Some Provisions of the Labour Law

 

 

Date of adoption

 

24 October 2011
 

Entry into force

 

In effect
 

Text versions

English

Source:

 

Abstract

 

The text of the following provisions of the labour law are replaced: Articles 1 (12), 1(13), 28 paragraph 1, 51(3), 53, 61, 68, 70, 71, 72(5), 73, 81, 83, and 106 paragraph 4.

Under the new Art. 53, an employee’s salary shall be transferred to his account in one of the local banks.

Art. 68 stipulates that a worker may not be required for more than nine hours a day and forty-five hours a week, which shall include a half-hour break. The working hours during the month of Ramadan are set at six hours a day or thirty hours a week for Muslim employees.

Art. 70 regulates overtime work and compensation.

In accordance with Art. 71, the employer shall grant his employees a weekly rest of two consecutive days.

A new item is added to Art. 18 bis: “4 – professions and businesses whose permit for recruiting non-Omani workforce has been temporarily suspended”.

Paragraphs 4 & 5 of Art. 114 are repealed.

 

Oman: Ministerial Decision No. 192 of 2013 Specifying the Percentage of National Workforce Employed in Private Sector Establishments in the Insurance Sector

image_pdfimage_print
 

Title

 

 

Oman: Ministerial Decision No. 192 of 2013 Specifying the Percentage of National Workforce Employed in Private Sector Establishments in the Insurance Sector

 

 

Date of adoption

 

31 March 2013
 

Entry into force

 

In effect
 

Text versions

English

Source:

 

Abstract

 

The percentage of national workforce working in private sector establishments in the insurance sector is set at 65% of the total workforce (Art. 1).

 

Oman: Sultan’s Decree No. 69 of 1997 issuing the Omani Passport Law

image_pdfimage_print
 

Title

 

 

Oman: Sultan’s Decree No. 69 of 1997 issuing the Omani Passport Law

 

 

Date of adoption

 

29 October 1997
 

Entry into force

 

In effect
 

Text versions

Arabic

Source

Ministry of Legal Affairs, Sultanate of Oman, accessed: 10 February 2015, http://www.mola.gov.om/Download.aspx?Lid=59

 

Abstract

 

In accordance with Art. 13, the competent authority may issue to resident non-nationals who do not hold Omani citizenship or who do not hold permanent citizenship, a temporary travel document.

 

 

UAE: Federal Law No. 51 of 2006 on Combating Crimes of Human Trafficking

image_pdfimage_print
 

Title

 

 

UAE: Federal Law No. 51 of 2006 on Combating Crimes of Human Trafficking

 

 

Date of adoption

 

09 November 2006
 

Entry into force

 

In effect
 

Text versions

Arabic

English

 

Source:

 

Abstract

 

Under this law, human trafficking is defined as recruiting, transporting, transferring, harboring, or receiving persons by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability ofthe person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation. Exploitation includes all forms of sexual exploitation, engaging others in prostitution, servitude, forced labor, enslavement, quasi-slavery practices, or detachment of organs (Art. 1).

The penalties for committing human trafficking crimes are defined in Art. 2 of the law.

Art. 12 forms the legal basis for the establishment of the National Committee for Combating Human Trafficking, while Art. 13 enumerates the tasks which the Committee shall undertake.

 

Oman: Ministerial Decision No. 90 of 2013 Specifying the Procedures and Rules for Dealing with Private Sector Establishments which Violate Provisions of the Labour Law and its Implementing Regulations

image_pdfimage_print
 

Title

 

 

Oman: Ministerial Decision No. 90 of 2013 Specifying the Procedures and Rules for Dealing with Private Sector Establishments which Violate Provisions of the Labour Law and its Implementing Regulations

 

 

Date of adoption

 

17 February 2013
 

Entry into force

 

In effect
 

Text versions

English

Source:

Official Journal Issue No. 1003, International Labour Organisation, accessed: 10 February 2015, http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/95444/112369/F-954993725/95444.pdf

 

 

Abstract

 

Art. 1 lists the services, which may be discontinued for private sector establishments violating the provisions of the labour law and its implementing regulations. These include granting work permits for hiring non-Omani workforce; authorizing the transfer of non-Omani employees, issuing and renewing labour cards; amending establishment data; and amending labour card data.

 

Oman: Ministerial Decision No. 520 of 2013 Regulating Temporary Work

image_pdfimage_print
 

Title

 

 

Oman: Ministerial Decision No. 520 of 2013 Regulating Temporary Work

 

 

Date of adoption

 

23 September 2013
 

Entry into force

 

In effect
 

Text versions

English

Source:

 

Abstract

 

In accordance with Art. 2 of this decision, temporary work may only be offered to Omani workers.

Art. 3 lists the sectors of private sector establishments which may employ temporary workers.

 

UAE: Council of Ministers Decision No. 4 of 2007 Allowing GCC Citizens to Engage in Economic Activities and Practice Certain Professions in the Country

image_pdfimage_print
 

Title

 

 

UAE: Council of Ministers Decision No. 4 of 2007 Allowing GCC Citizens to Engage in Economic Activities and Practice Certain Professions in the Country

 

 

Date of adoption

 

14 January 2007
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

GCC citizens may engage in all economic activities and practice all professions except those listed in Art. 1:

  1. Hajj and Umra services
  2. Recruitment of workers
  3. Commercial agencies
  4. Some Social activities such as care and rehabilitation facilities for the elderly and disabled.
  5. Some cultural activities such as the establishment of newspapers, magazines, and publishing and printing presses.

This decision repeals Council of Ministers Decision No. 26 of 2005 Allowing GCC Citizens to Engage in Economic Activities and Practice Certain Professions in the Country (Art. 2).

UAE: Ministerial Decision No. (1/49) of 1980 Specifying Situations of Continuous Work and the Ways to Grant Workers Rest Periods

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. (1/49) of 1980 Specifying Situations of Continuous Work and the Ways to Grant Workers Rest Periods

 

 

Date of adoption

 

1980
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

Art. 1 lists the situations and types of jobs in which work may continue without rest periods. These include (but are not limited to): Businesses in which work is non-stop and workers are divided into three shifts a day or two shifts for working women and workers who agree to that in writing; Working in public facilities units such as water, electricity, sewage, cleaning and security; Administering generators of kinetic forces; Working in offices in which employees and workers work for no more than seven hours per day; Transportation; Shipping…etc.

Employers in the aforementioned businesses and industries shall authorize workers to pray, eat light snacks, drink and rest in a manner regulated by the establishment during working hours (Art. 2).

 

UAE: Ministerial Decision No. 32 of 1982 Specifying the Precautionary Methods and Measures for Protecting Workers from Work Hazards

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 32 of 1982 Specifying the Precautionary Methods and Measures for Protecting Workers from Work Hazards

 

 

Date of adoption

 

1982
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

In accordance with Art. 1 of this decision, the employer shall take the appropriate precautionary measures to protect workers from the hazards of injury and professional diseases that might occur during working hours as well fire hazards and others that might arise from the use of machines and tools. The worker is required to use the protection gear provided to him for this purpose, as well as follow all safety instructions.

 

UAE: Ministerial Decision No. (2/37) of 1982 Regarding the Level of Medical Care an Employer Shall Provide to Workers

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. (2/37) of 1982 Regarding the Level of Medical Care an Employer Shall Provide to Workers

 

 

Date of adoption

 

17 July 1982
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

In accordance with Art. 2, an employer who has 50 workers or less is required to have means of first aid at his establishment.

An employer who has between 50 and 200 workers shall provide means of first aid, hire a certified nurse to administer it, and appoint a doctor to treat workers at no cost. If treatment requires a specialist then the establishment doctor shall refer him one and the costs of treatment shall be equally borne by the employer and the worker (Art. 3).

An employer who has 200 workers or more shall provide the services mentioned in articles 2 and 3 as well as bear the cost of all other treatments including seeing a specialist, surgery, hospital stays and medication (Art. 4).

 

UAE: Ministerial Decision No. (1/4) Specifying Dangerous Types of Work or Work for which Working Hours May Be Reduced

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. (1/4) Specifying Dangerous Types of Work or Work for which Working Hours May Be Reduced

 

 

Date of adoption

 

1981
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

 

Abstract

 

Art. 1 of this decision lists the industries and types of work in which workers may not be required to work for more than seven hours each day. These include working in front of bakery ovens, oil refinement, production of cement, production of ice, working in cooling storages and warehouses, production of fertilizers, among others.

 

UAE: Ministerial Decision No. (1/27) of 1981 Determining Zones and Areas Located Far from Inhabited Areas Referred to in the Law Regulation Work Relations No. 8 of 1980

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. (1/27) of 1981 Determining Zones and Areas Located Far from Inhabited Areas Referred to in the Law Regulation Work Relations No. 8 of 1980

 

 

Date of adoption

 

19 April 1981
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

Art. 1 defines what places located far from cities referred to in article 101 of Law No. 8 of 1980.

In accordance with Art. 2, every employer hiring workers to work in the areas listed under article 1 shall provide them with the following services:

  1. Appropriate means of transportation
  2. Adequate housing
  3. Safe drinking water
  4. Means of first aid
  5. Means of entertainment and physical activity

 

UAE: Ministerial Decision No. 307 of 2003 Regarding Collective Labour Disputes

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 307 of 2003 Regarding Collective Labour Disputes

 

 

Date of adoption

 

31 May 2003
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

In accordance with Art. 2, workers and employers shall resolve their collective disputes through direct negotiation, mediation, conciliation, or arbitration subject to the procedures listed in this decision.

The closure of the establishment or the cessation of work due to a labour dispute shall not take place until all means of collective dispute settlement listed in this decision are exhausted (Art. 14).

This decision repeals Ministerial Decision No. 1/48 of 1980.

 

UAE: Ministerial Decision No. 724 of 2006 Regarding the Administrative Cancellation of Sponsorship

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 724 of 2006 Regarding the Administrative Cancellation of Sponsorship

 

 

Date of adoption

 

10 September 2006
 

Entry into force

 

26 September 2006
 

Text versions

Arabic

Source:

 

Abstract

 

Art. 1 (A) permits the cancellation of the worker’s sponsorship upon the request of concerned persons and without the approval of the sponsor or the worker in the followings cases:

  1. If the worker requests the cancellation of sponsorship
  2. If the worker is unemployed for more than three months and has no pending complaint against him or a court case regarding his entitlements.
  3. If the worker is unemployed for more than six months and has failed to report to the Ministry, whether or not he has a pending court case.
  4. If the work relationship ends during the probation period.

Art. 1 (B) lists the conditions that must be met prior to the cancellation of sponsorship in the aforementioned cases.

Art. 2 lists the cases in which sponsorship may be cancelled upon the request of the competent authority, without the approval of the worker or employer and without fulfilling the requirements of Art. 1 (B) regarding hearing either party:

  1. If the worker is found to have violated the conditions of his work permit or the rules and procedures of working in the country in accordance with the law and implementing decisions.
  2. If the worker contracts an infectious disease or receives a deportation order.

 

UAE: Ministerial Decision No. 721 of 2006 Regarding the Procedures for Reporting Absconding Workers

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 721 of 2006 Regarding the Procedures for Reporting Absconding Workers

 

 

Date of adoption

 

11 September 2006
 

Entry into force

 

26 September 2006
 

Text versions

Arabic

Source:

 

Abstract

 

An absconding report shall be submitted if a worker misses work for seven days consecutively and the employer affirms that he does not know his whereabouts or a valid reason for his absence (Art. 1).

Art. 4 lists all the cases in which an absconding report may not be accepted.

A worker whose employment ends in absconding shall be permanently banned from working in the country (Art. 11).

 

UAE: Ministerial Decision No. 707 of 2006 Regarding the Rules and Procedures for the Work of Non-nationals in the Country

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 707 of 2006 Regarding the Rules and Procedures for the Work of Non-nationals in the Country

 

 

Date of adoption

 

 

06 September 2006

(last amended: Sep. 2008 by MD No. 636 of 2008)

 

 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

Non-nationals may not work in the country without obtaining a work permit from the Ministry in accordance with applicable rules and procedures, excluding the categories exempted under article 3 of Federal Law No. 8 of 1980 (Art. 1).

Residents may not enter a work engagement with an establishment that is subject to Law No. 8 of 1980 unless they obtain a work permit from the Ministry. They are also under the obligation to rectify their status as required by Federal Law No. 6 of 1973 Regarding the Entry and Residence of Foreigners and its implementing regulation (Art. 3).

A non-national who is permitted to work in the country shall notify the Ministry within three months of the end of his employment even if his labour card remains valid (Art. 4). Art. 5 lists all the other cases of which a non-national employee must notify the Ministry within three months. These include resignation, bankruptcy or closure of the establishment, termination during the probation period, consensual ending of the work relationship after the end of the probation period, not being assigned work by the sponsoring employer, leaving work after being attacked by the employer, and obtaining his rights through conciliation or a court order.

In accordance with Art. 8, a non-national is in violation of the provisions of Federal Law No. 8 of 1980 in any of the listedcases. These include: working without a permit or working for an establishment he is not permitted to work for; failing to notify the Ministry of the end of his employment within three months if the purpose of his residence is employment; and if he is a resident who is not authorized to work and is found to be working for an establishment which is subject to the provisions of Federal Law No. 8 of 1980.

Art. 9 requires the competent authority to notify the sponsor and request a response within seven days if the worker requests to cancel his work permit and leave the country. If the sponsor fails to respond within seven days or if his response is found to be unconvincing then in accordance with Art. 10, the competent authority shall cancel the work permit and sponsorship.

No fees or fines shall be imposed upon the worker for the cancellation of the work permit or sponsorship, or any other fees or fines, if he has notified the Ministry within the required time period of his desire to leave the country (Art. 11).

The Ministry may, in cases other than those listed in article 13 and 14 of this decision and in lieu of cancelling the work permit and deporting the worker, allow the worker to obtain a new internal or external work permit, at the request of a new employer and subject to his own approval, if he has notified the Ministry of the end of his employment within three months of its occurrence (Art. 12).

Art. 13 lists the cases in which the Ministry may not grant a new work permit to a worker before the lapse of at least one year from his departure date:

  1. The end of the work relationship in accordance with article 120 of Federal Law No. 8 of 1980.
  2. The cancellation or expiry of the worker’s residence due to a deportation order from the competent authority or a court order.
  3. The end of the work relationship due to unlawful strike participation or instigation.
  4. The cancellation of the work permit or sponsorship because of an infectious disease or in accordance with the procedures of the Worker Inspection Administration.
  5. Violation of article 8 of this decision.

In accordance with Art. 14, the Ministry may grant a worker a new work permit after the lapse of one year from the cancellation of his sponsorship, if the reason for the end of his employment is absence from work in accordance with provisions 128 and 129 of the law or if the employment was ended during the probation period. In both cases, the worker needs to have notified the Ministry of the end of his employment within three months.

The Directors of Work Permit Administrations and Employment Offices are authorized to grant a new work permit to a worker in exception to the one year ban imposed on him if the following conditions are met (Art. 14 bis):

  1. If the ban was imposed in accordance with articles 128, 129 of Federal Law No. 8 of 1980 or in any of the cases listed in article 120 of the same law.
  2. The written approval of the original employer.

 

UAE: Ministerial Decision No. 500 of 2005

image_pdfimage_print
 

Title

 

UAE: Ministerial Decision No. 500 of 2005
 

Date of adoption

 

13 July 2005
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

 

 

Abstract

 

 

Art. 1 of this decision lists the conditions based upon which a worker’s labour card may be cancelled six months after his departure. They include the employer’s submission of the appropriate form for the removal of the worker from his list of sponsored employees at least six months after his departure and payment of a fee of 200 DHS; and submission of a certificate issued by the competent Administration of Nationality and Residence attesting to the worker’s departure.

 

The first and second points of Section Two – Exceptional or Unusual Cases of Ministerial Circular No. 14 of 1995 regarding removal procedures from the balance of workers in the establishment is repealed (Art. 2).

 

 

 

UAE: Council of Ministers Decision No. 27 of 2010 Regarding Fees and Fines for Services Offered by the Ministry of Labour

image_pdfimage_print
 

Title

 

 

UAE: Council of Ministers Decision No. 27 of 2010 Regarding Fees and Fines for Services Offered by the Ministry of Labour

 

 

Date of adoption

 

 

11 August 2010

(last amended in Dec. 2010 by Decision No. 35 of 2010)

 

 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

Art. 1 of this decision lists the fees for services offered by the Ministry of Labour. These include the fees for work permits, labour cards and contracts, transfer of workers, recruitment offices and administrative fines.

 

UAE: Council of Ministers Decision No. 26 of 2010 Regarding the Rating System of Establishments Subject to the Law Regulating Work Relationships and the Bank Guarantees Imposed Upon Them

image_pdfimage_print
 

Title

 

 

UAE: Council of Ministers Decision No. 26 of 2010 Regarding the Rating System of Establishments Subject to the Law Regulating Work Relationships and the Bank Guarantees Imposed Upon Them

 

 

Date of adoption

 

11 August 2010
 

Entry into force

 

01 January 2011
 

Text versions

Arabic

Source:

 

Abstract

 

Art. 1 of this decision establishes a three-tiered ratings system for establishments which are subject to Federal Law No. 8 of 1980: Category 1, Category 2 – divided into a,b&c, Category 3.

The criteria for rating depend on compliance with the following criteria among others:

  1. Complying with the standard of multiculturalism in accordance with the relevant Ministerial decision
  2. Paying workers’ wages on time in accordance with the law or agreed upon procedures
  3. Providing worker accommodations which meet agreed upon standards and criteria
  4. Reaching the required nationalization quota

Art. 5 sets the bank guarantee which must be submitted by each category before recruiting foreign workers.

Art. 8 lists the situations in which the Ministry may liquidate the bank guarantee or deduct amounts from it for the benefit of the worker:

  • Paying for the worker’s return ticket
  • Paying the worker’s dues
  • Receiving a court order from any of the UAE courts requiring the settlement of a worker’s rights.
  • In case the bank guarantee is liquidated, the employer shall pay back the amounts deducted in order to restore its value.

 

In accordance with Art. 9, the employer may recover the bank guarantee or part of it in any of the following cases:

  • The cancellation of the worker’s labour card and his return home, upon submitting the removal document.
  • The death of the worker, upon submitting a death certificate and the removal document.
  • Upon approval of the worker’s transfer to another employer.
  • Any other cases in which the employer submits a removal

 

This decision repeals Council of Ministers Decision No. 19 of 2005 Regarding Fees and Bank Guarantees, excluding the part that relates to licensing of nurseries.

 

 

 

 

 

UAE: Ministerial Decision No. 604 of 2007 Regarding the Addition of a Case to the Rules and Procedures for Exemption From Fines

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 604 of 2007 Regarding the Addition of a Case to the Rules and Procedures for Exemption From Fines

 

 

Date of adoption

 

25 September 2007
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

Art. 1 of this decision adds the following case to the cases listed in Art. 1 of Ministerial Decision No. 444 of 2006 Regarding the Rules and Procedures for Exemption from Fines:

“ All establishments shall be exempted from paying the fine for not applying for a labour card or renewing it in the case of a worker who has made a final exit from the country during the period set for the settlement of irregular status which shall extend from 02 June 2007 till 03 November 2007.

 

UAE: Ministerial Decision No. 812 of 2006

image_pdfimage_print
 

Title

 

UAE: Ministerial Decision No. 812 of 2006
 

Date of adoption

 

11 December 2006
 

Entry into force

 

11 December 2006
 

Text versions

Arabic

Source:

 

 

Abstract

 

Art. 1 of this decision adds the following case to the cases listed in Art. 1 of Ministerial Decision No. 444 of 2006 Regarding the Rules and Procedures for Exemption from Fines:

“An establishment shall be exempted from paying the fine for failing to renew a labour card if it expires during the worker’s detention or incarceration. If the labour card was never issued in the first place, then the fine shall be cover the period from the worker’s arrival until his detention or arrest. In all cases, the establishment shall file a request to settle the worker’s status, through either issuing or renewing the card or its cancellation, within three months of his release from prison.

The previous article is without prejudice to the provisions and procedures established by Administrative Decision No. 24 of 2006 regarding deduction from the worker who has been sentenced to deportation after serving his term (Art. 2).

 

UAE: Ministerial Decision No. 444 of 2006 Regarding the Rules and Procedures for Fine Exemption

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 444 of 2006 Regarding the Rules and Procedures for Fine Exemption

 

 

Date of adoption

 

 

26 June 2006

(last amended: 06 September 2009)

 

 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

 

Abstract

 

Art. 1 lists the rules and procedures for exempting employers from fines incurred for delays in issuing or renewing the labour card.

This decision repeals Ministerial Decision No. 326 of 2006 and any other previous decisions regarding exemption from fines (Art. 4).

 

UAE: Ministerial Decision No. 788 of 2009 Regarding the Protection of Wages

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 788 of 2009 Regarding the Protection of Wages

 

 

Date of adoption

 

20 July 2009
 

Entry into force

 

01 September 2009
 

Text versions

Arabic

Source:

 

 

Abstract

 

In accordance with Art. 1 of this decision, all establishments registered at the Ministry shall pay its workers at least once a month or as stipulated in the work contract. They shall also provide proof of payment of wages to the Ministry.

Art. 2, which came into effect on 1/9/2009, requires all establishments to transfer the wages of its workers to banks and financial institutions within the country using the Wages Protection System (WPS).

The penalty for establishments which do not follow the requirements of article 2 within the deadline periods specified in article 3, is the suspension of all new work permits until all wages have been transferred (Art. 4).

This decision repeals Ministerial Decision No. 156 of 2003 (Art. 10).

UAE: Ministerial Decision No. 1188 of 2010

image_pdfimage_print
 

Title

 

UAE: Ministerial Decision No. 1188 of 2010
 

Date of adoption

 

29 November 2010
 

Entry into force

 

01 January 2011
 

Text versions

Arabic

Source:

 

Abstract

 

Art. 2 lists the conditions that must be met in order to grant all the permits in this decision.

Art. 3 lists the categories which may be granted a temporary work permit or a permit to work part-time.

In accordance with Art. 4 the Ministry may grant a worker a temporary work permit without having the approval of the employer, or a valid residence and labour card if the employee has a pending case which has been referred to court by the Ministry.

A work permit may be granted to individuals whose residence is sponsored by their parents if they fall into any of the following categories (Art. 6):

  1. Females (18 years old)
  2. The husband of a national woman
  3. The children of a national woman

Art. 7 stipulates that a worker granted a permit in accordance with this decision, has the right to his dues in accordance with the labour law taking into consideration his pay and the periods for which he has worked.

Art. 9 requires establishments to bear the cost of issuing the permits and prohibits charging the worker for the expense of employing him or deducting it from his wages.

 

UAE: Ministerial Decision No. 1186 of 2010 Regarding the Conditions and Regulations for Granting a New Work Permit to Workers who are Transferring to a New Establishment

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 1186 of 2010 Regarding the Conditions and Regulations for Granting a New Work Permit to Workers who are Transferring to a New Establishment

 

 

Date of adoption

 

29 November 2010
 

Entry into force

 

01 January 2011
 

Text versions

Arabic

Source:

 

Abstract

 

In accordance with Art. 1, the Ministry may grant a new work permit to a worker upon the conclusion of his work relationship with his employer, allowing him to transfer to another establishment, without adhering to the waiting period of six months from the date of cancellation of the labour card stipulated in Ministerial Decision No. 826 of 2005.

In order to obtain the work permit referred to in the previous article, the following two conditions must be met: mutual agreement between the employer and employee to end the work relationship and the worker needs to have worked at least two years for the employer (Art. 2).

Art. 3 lists the cases in which the approval of the employer required in paragraph 1 of article 2 may be waived.

Art. 4 lists the cases in which the two-year period required in paragraph 2 of article 2 may be waived.

 

UAE: Council of Ministers Decision No. 25 of 2010 Regarding Internal Work Permits Issued by the Ministry of Labour

image_pdfimage_print
 

Title

 

 

UAE: Council of Ministers Decision No. 25 of 2010 Regarding Internal Work Permits Issued by the Ministry of Labour

 

 

Date of adoption

 

11 August 2010
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

Art. 2 lists the various types of internal work permits issued by the Ministry of Labour. According to the provisions of this article, employers may not hire a national or non-national resident of the country before obtaining one of these permits.

The Minister shall issue a decision specifying the cases in which and the conditions and regulations for issuing a work permit for non-nationals without abiding by rule requiring the lapse of six months.

This decision repeals Council of Ministers Decision No. 18 of 2005.

 

UAE: Ministerial Decision No. 468 of 2007

image_pdfimage_print
 

Title

 

UAE: Ministerial Decision No. 468 of 2007
 

Date of adoption

 

23 July 2007
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

Art. 1 of this decision lists the cases in which establishments may not be granted individual or group work permits for new workers.

Art. 3 grants establishments a settlement period (until 02 September 2007) to correct the status of their workers through cancellation or transfer of sponsorship or obtaining new labour cards or reporting them absconding if that is indeed the case (Art. 3)

 

UAE: Ministerial Decision No. 764 of 2006 Regarding Replacement Applications

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 764 of 2006 Regarding Replacement Applications

 

 

Date of adoption

 

19 October 2006
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

A request may be submitted for the replacement a worker who has been granted permission to be recruited (twice) and if the following conditions are met: the request must be submitted during the validity period of the original or renewed permit; and the requester submits written proof to the Administration of Nationality and Residence that the permit has not been used (Art. 1).

The Ministry shall approve the request even if the worker’s nationality is changed, so long as the profession and gender remain the same and the establishment pays any additional fees (Art. 2).

 

UAE: Ministerial Decision No. 92 of 2006

image_pdfimage_print
 

Title

 

UAE: Ministerial Decision No. 92 of 2006
 

Date of adoption

 

25 January 2006
 

Entry into force

 

11 February 2006
 

Text versions

Arabic

Source:

 

Abstract

 

In accordance with Art. 1, establishments employing 100 workers which abide by a number of conditions – including payment of its workers’ wages on time and ensuring that they have valid work permits and labour cards – may submit a request for individual work permits to replace worker’s whose work permits have been cancelled (Art. 1).

In order to obtain approval for the new work permit, it must be submitted within 90 days of the worker’s cancellation and his replacement must be of the same nationality, gender and profession (Art. 2).

 

UAE: Ministerial Decision No. 370 of 2005

image_pdfimage_print
 

Title

 

UAE: Ministerial Decision No. 370 of 2005
 

Date of adoption

 

30 May 2005
 

Entry into force

 

30 May 2005
 

Text versions

Arabic

Source:

 

Abstract

 

In exception to the provisions of article 3 of Ministerial Decision No. 401 of 1997 Regarding the Regulation of Temporary Work and Part-time Work at Private Sector Establishments, the Ministry may grant temporary mission permits valid for no more than 90 days to establishments whose work nature requires such permits (Art. 1).

Establishments which are granted temporary mission permits shall commit to purchasing a two-way ticket for the worker; ensuring he is medically fit and disease-free; paying a fee of 500 Dirhams on behalf of each worker granted a temporary mission permit; ensuring adequate medical care is provided in accordance with Ministerial Decision No. 37/2/1982 and offering medical insurance; submitting the permit to the Administration for Nationality and Residence in order to obtain an entry permit; refraining from allowing the worker to be employed by other establishments; paying the workers’ fees on a monthly basis and submitting records to prove it (Art. 2).

 

UAE: Administrative Circular No. 77 of 2005

image_pdfimage_print
 

Title

 

UAE: Administrative Circular No. 77 of 2005
 

Date of adoption

 

 

 

 

 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

 

Abstract

 

This circular defines the terms and conditions for the employment of foreign worker on missions. Missions are defines as the process of completion of a specific job or project, which takes no more than six months (Art. 1).

Mission permits are only granted to establishments working in the petrol and energy sectors or any other establishments specified by the Minister (Art. 2).

The contract duration shall be three months, renewable for a similar period and it shall be valid from the date of the worker’s entry into the country. The worker may not be put on probation (Art 5). The contract shall also include a provision requiring the establishment to offer medical care and paid sick leave to the worker (Art. 6).

 

UAE: Ministerial Decision No. 951 of 2003 Regarding Investors

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 951 of 2003 Regarding Investors

 

 

Date of adoption

 

24 December 2003
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

A foreign merchant, licensed professional or manufacturer, or partner who is not also an employee (with a work contract) in accordance with the definitions of Law No. 8 of 1980 applying for a work permit to the Ministry of Labour shall be referred by the latter to the competent Administration of Nationality and Residence (Art. 2). These foreigners may not conclude a work contract with any establishment, which is subject to Federal Law No. 8 of 1980, unless they obtain a labour card from the Ministry (Art. 3).

A worker who is sponsored by an establishment, which is subject to Federal Law No. 8 of 1980, and would like to amend his status to a partner or owner, must complete the procedure for cancelling his labour card (Art. 4).

A foreign worker may submit a request to transfer his sponsorship from the establishment that employs him to the establishment he owns or in which he is a partner, if he belongs to one of the categories permitted to transfer sponsorship in accordance with Ministerial Decision No. 30 of 2001 (Art. 5).

A request to transfer the sponsorship of a foreign partner or owner of an establishment to an establishment which is subject to Federal Law No. 8 of 1980, may only be approved if he belongs to one of the categories permitted to transfer sponsorship (Art. 6).

 

UAE: Ministerial Decision No. 52 of 1989 Setting the Rules and Procedures for Work Permits Departments Dealing with Recruitment of Non-nationals

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 52 of 1989 Setting the Rules and Procedures for Work Permits Departments Dealing with Recruitment of Non-nationals

 

 

Date of adoption

 

1989
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

In accordance with Art. 6 of this decision, an employer who applies for the recruitment of non-nationals to work for him shall have the following commitments:

  1. Sponsoring the worker and bearing the costs of recruitment and employment in accordance with the work contract which shall comply with the provisions of Federal Law No. 8 of 1980.
  2. Verifying that the worker is medically fit and disease-free before recruiting him and obtaining the required medical certificate.
  3. Following the required procedures for drafting and signing the work contract or any other procedures set by the relevant regulations, specifically those concerning the attainment of a labour card within 60 days of the worker’s arrival.
  4. Returning the worker to the place from which he was recruited at the end of his employment period and after cancelling his sponsorship and handing in his labour card if it is still valid.

The labour card shall be valid for three years, which may be renewed upon application 60 days prior to its expiry (Art. 8).

This decision repeals the following decisions: 1/23 of 1981, 2/60 of 1982, 74 of 1984, 75 of 1984, and 166 of 1984 (Art. 16).

 

UAE: Federal Law No. 17 of 1972 Concerning Nationality and Passports

image_pdfimage_print
 

Title

 

UAE: Federal Law No. 17 of 1972 Concerning Nationality and Passports
 

Date of adoption

 

 

18 November 1972

(last amended: 15 December 1975)

 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

Art. 1 (as amended by Federal Law No. 10 of 1975 dated 15 Dec. 1975) determines who shall be considered a national of the UAE under the law:

  1. Any Arab settled in any of the member Emirates during or before year 1925, and who has maintained his regular residence until the date of enforcement of this Law. Residence of ascendants shall be deemed complementary to residence of descendants.
  2. A child born in the State or abroad to a national father by law.
  3. A child born in the State or abroad to a national mother by law and whose affiliation to the father is not legally established.
  4. A child born in the State or abroad to a national mother by law and of unknown father or stateless.
  5. A child born in the State of unknown parents. Unless otherwise established, the foundling shall be deemed born in the State.

Art. 3 (as amended by Federal Law no. 10 dated 15 Dec. 1975) stipulates that the marriage of a foreign woman to a citizen shall not result in her acquisition of the nationality of her husband unless she makes a declaration to the Ministry of Interior and is still a resident of the country three years after the declaration is made. She must also renounce her original nationality.

Art. 5 (as amended by Federal Law No. 10 dated 15 Dec. 1975) lists the categories of persons to whom citizenship may be granted:

  1. An Arab person of Omani, Qatari or Bahraini origin settling in the State continuously and lawfully for at least three years prior to submitting a naturalization application, on condition that he has a lawful source of living, be well reputed, and not convicted of a crime against honor or integrity.
  2. Members of Arab tribes who emigrated from neighboring countries and settled lawfully and continuously for at least three years directly previous to the date of submitting a naturalization application.

Art. 6 (as amended by Federal Law No. 10 dated 15 Dec. 1975) allows the granting of citizenship to any fully competent Arab who has resided continuously and legally in any of the member Emirates continuously for at least seven years prior to submitting a naturalization application on condition he has lawful source of living, be well reputed and not convicted of a crime against honor or integrity.

Citizenship may also be granted to any fully competent person who has resided continuously and legally in the any of the member Emirates since or before 1940 and retained his regular residence until the date of implementation of this Law. He must have a lawful source of living; be well reputed; not convicted of a crime against honor or integrity; and proficient in the Arabic language (Art. 7).

In accordance with Art. 8, citizenship may be granted to any person other than those mentioned in Articles 5 and 6 who is fully competent and residing continuously and legally in any of the member Emirates for at least twenty years after the implementation of this Law and meets the other criteria set in the previous article.

The wife of a citizen by naturalization shall be considered citizen by naturalization if she renounces her original nationality. Minor children of a citizen by naturalization shall also be considered citizens by naturalization unless they decide to resume their original nationality within one year following the date of maturity (Art. 10).

Art. 14 – 18 of this law deal with losing citizenship and the procedure for reclaiming it.

Citizenship shall be withdrawn from any citizen who acquires the citizenship of a foreign country (Art. 15 c).

A naturalised citizen shall lose his citizenship in a number of cases including residing abroad continuously for four years without having a good reason for doing so. The withdrawal of nationality may be applied to his naturalised wife and children (Art. 16).

 

UAE: Federal Law No. 8 of 1980 Issuing the Labour Law

image_pdfimage_print
 

Title

 

UAE: Federal Law No. 8 of 1980 Issuing the Labour Law
 

Date of adoption

 

 

20 April 1980

(last amended by: Federal Law No. 14 of 1999)

 

Entry into force

 

In effect
 

Text versions

Arabic

English

Source:

 

Abstract

The scope of applicability of this law is defined in Art. 3, which excludes domestic workers.

In accordance with Art. 5, cases filed by employees or their beneficiaries under this Law shall be exempted from court fees at all stages of litigation and execution and shall be expeditiously heard. In the event of non-acceptance or dismissal of the action, the court may order the Plaintiff to pay all or part of the expenses.

Art. 13 stipulates that non-nationals may be employed subject to the approval of the Labour Department and the attainment of a work permit, which may only be granted if the employee has the professional competence or educational qualifications needed and has entered the country legally and complied with the required residence conditions.

The Ministry of Labour and Social Affairs may cancel work permits granted to non-nationals if the employee remains unemployed for more than three months; if he fails to meet any of the conditions on the basis of which the permit was granted or if the Ministry finds a qualified national to replace him (Art. 15).

Art. 18 prohibits any licensed labour agent or supplier from demanding or accepting payment from any worker in exchange for recruitment.

Any non-national employee who absents himself from work without lawful reasons prior to the end of the contract for a limited period, may not take up employment elsewhere even with the consent of the employer for one year (Art. 128). This also applies to cases in which the non-national employee notifies his employer of his desire to terminate his unlimited contract but leaves work before the end of the legal notice period (Art. 129).

Art. 131 determines that the employer shall bear the expenses for repatriating an employee to his place of origin or any other place agreed upon by both parties. If the employee after the end of his contract takes up employment elsewhere, repatriation expenses shall be paid by the last employer.

 

UAE: Federal Law No. 17 of 1972 Concerning Nationality and Passports

image_pdfimage_print
 

Title

 

 

UAE: Federal Law No. 17 of 1972 Concerning Nationality and Passports

 

Date of adoption

 

 

18 November 1972

(last amended: 15 December 1975)

 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

Art. 14 – 18 of this law deal with losing citizenship and the procedure for reclaiming it.

Citizenship shall be withdrawn from any citizen who acquires the citizenship of a foreign country (Art. 15 c).

A naturalised citizen shall lose his citizenship in a number of cases including residing abroad continuously for four years without having a good reason for doing so. The withdrawal of nationality may be applied to his naturalised wife and children (Art. 16).

 

UAE: Ministerial Decision No. 322 of 2008 Amending Some Provisions of the Implementing Regulations of Federal Law No. 6 of 1973 Regarding Entry and Residence of Foreigners

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 322 of 2008 Amending Some Provisions of the Implementing Regulations of Federal Law No. 6 of 1973 Regarding Entry and Residence of Foreigners

 

 

Date of adoption

 

15 May 2008
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

 

Abstract

 

Art. 1 of this decision replaces the text of several articles of the original Ministerial Decision No. 360 of 1997 issuing the Implementing Regulations of Federal Law No. 6 of 1973. The replaced articles are 33, 38, 39, 40, and 44.

The new Art. 33 stipulates that a multiple entry visa grants its holder the right to enter the UAE multiple times within six months of its issuance and remain in the country for fourteen days each time.

In accordance with the new Art. 39, a visit entry permit grants its holder the right to enter the country once within two months of its issuance. The visit entry permit can be:

  1. A long visit entry permit entitling its holder to remain in the country for 90 days, non-renewable.
  2. A short visit entry permit entitling its holder to remain in the country for 30 days, non-renewable.

Art. 2 of this decision adds several new articles: 44 (1), 44 (2), 44 (3), 44 (4), 44 (5), 44 (6), 44 (7), 44 (8), and 44 (9).

 

UAE: Ministerial Decision No. 500 of 2008 Amending Some Provisions of the Implementing Regulations of Federal Law No. 6 of 1973 Regarding the Entry and Residence of Foreigners

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 500 of 2008 Amending Some Provisions of the Implementing Regulations of Federal Law No. 6 of 1973 Regarding the Entry and Residence of Foreigners

 

 

Date of adoption

 

06 August 2008
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

Art. 1 of this decision replaces the text of article 77 of the original Decision No. 360 of 1997 Issuing the Implementing Regulations of Federal Law No. 6 of 1973:

“The competent Administration of Nationality and Residence shall levy a fee of 100 Dirhams for each day a foreigner remains illegally in the country. The fine shall begin on the day following the expiry/ lapse of:

  1. A non-renewable entry permit or visa.
  2. 10 days for renewable visas and permits
  3. 7 days from the date of issue of an exit permit for violators of the Law on Entry and Residence of Foreigners.

 

UAE: Ministerial Decision No. 360 of 1997 Issuing the Implementing Regulations of Federal Law No. 6 of 1973 Regarding Entry and Residence of Foreigners

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 360 of 1997 Issuing the Implementing Regulations of Federal Law No. 6 of 1973 Regarding Entry and Residence of Foreigners

 

 

Date of adoption

 

16 July 1997
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

In accordance with Art. 31, a foreigner may sponsor his wife if the following conditions are met:

  • The sponsor shall have a valid residence permit for the purpose of work.
  • He shall submit a certified copy of the marriage certificate
  • He must have a minimum wage of 3000 Dirhams if his employer provides him with accommodation and 4000 Dirhams if the employer doesn’t.
  • He shall submit a certificate of salary verification certified by the competent authority.
  • The same conditions shall apply to foreign women who possess special qualifications and wish to sponsor their family members who are foreigners.
  • The following categories are exempt from the salary condition when sponsoring their family members: teachers, imams, and bus drivers who transport students.

The foreigner may sponsor unmarried female children, as well as male children below the age of eighteen unless they are studying in one of the country’s higher education institutions.

Art. 41 lists the categories of private sector employees for whom a visit visa may be turned into a residence permit for the purpose of work. These include engineers, doctors, pharmacists, nurses, lab technicians, teachers, accountants, auditors, and others.

Art. 42 sets the procedure for turning a visit visa into a residence permit for the purpose of work.

Art. 43 lists categories of foreign residents of GCC countries who may enter the UAE for a visit without obtaining a visa or permit.

Section II of this decision deals with the residence of foreigners and the different types of residence permits.

In accordance with Art. 57, there are two types of residence permits: a work residence permit is granted to individuals as professionals or domestic workers, or to individuals who work in the public or private sectors; a non-work residence permit is granted to foreigner who wish to join their family or parent, or a university or college, or a training course conducted by one of the public institutions or authorities.

Residence permits for the purpose of work for the private or public sector are valid for three years. Those issued for the purpose of working for individuals are valid for two years. Both types may be renewed for similar periods (Art. 58).

 

The holder of a residence permit shall leave the country within thirty days of its expiry or cancellation (Art. 59).

 

The residence permit is cancelled if its holder spends more than six months abroad (Art. 61).

 

Without prejudice to the provisions on transfer of sponsorship, the residence permit for the purpose of work shall be cancelled upon termination of the work contract and a new entry permit or visa for the purpose of work may not be issued until six months have passed since the date of last departure. This period is extended to a year for domestic workers. A number of categories are excluded from the ban period including engineers, doctors, pharmacists, nurses, accountants and auditors among others (Art. 63).

 

Chapter III of Section II deals with the transfer of sponsorship.

 

Art. 68 sets the conditions and procedures for transferring sponsorship for all possible cases of transfer. In all cases, the approval of the former sponsor is required. In the case of transferring from the private sector to another private sector employer, an additional requirement of having spent at least a year with the former sponsor must be met.

 

Section III of this decision deals with the deportation and expulsion of foreigners.

 

 

 

 

 

 

 

 

 

UAE: The Constitution of the United Arab Emirates (1971)

image_pdfimage_print
 

Title

 

UAE: The Constitution of the United Arab Emirates (1971)
 

Date of adoption

 

1971
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

 

Abstract

 

Art. 8 grants citizens of the UAE protection against losing their citizenship or having it withdrawn, except for exceptional situations, which shall be defined by law.

Art. 29 guarantees the freedom of movement and residence to citizens within the limits of the law.

Citizens may not be deported or expelled from the United Arab Emirates (Art. 37).

The extradition of citizens and political refugees is prohibited (Art. 38).

 

UAE: The Constitution of the United Arab Emirates (1971)

image_pdfimage_print
 

Title

 

UAE: The Constitution of the United Arab Emirates (1971)
 

Date of adoption

 

1971
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

 

 

 

Abstract

 

Art. 34 prohibits the enslavement of any person.

The extradition of citizens and political refugees is prohibited (Art. 38).

 

UAE: The Constitution of the United Arab Emirates (1971)

image_pdfimage_print
 

Title

 

UAE: The Constitution of the United Arab Emirates (1971)
 

Date of adoption

 

1971
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

 

 

Abstract

 

Foreigners in the United Arab Emirates shall enjoy the rights and freedoms granted to them in relevant international treaties or in the treaties and agreements to which the UAE is a signatory and they shall adhere to the corresponding duties (Art. 40).

 

UAE: Ministerial Decision No. 360 of 1997 Issuing the Implementing Regulations of Federal Law No. 6 of 1973 Regarding Entry and Residence of Foreigners

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 360 of 1997 Issuing the Implementing Regulations of Federal Law No. 6 of 1973 Regarding Entry and Residence of Foreigners

 

 

Date of adoption

 

16 July 1997
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

In accordance with Art. 13, a foreigner may only be granted an entry permit or visa if he meets the following conditions:

  1. Having a valid passport or travel document enabling him to enter the country and return to the country in which he resides or his country of origin.
  2. Having approval from the competent authorities depending on his reason for entering the country.
  3. Having a sponsor who resides in the country; the sponsor may be either a citizen or a resident.
  4. Not being banned from entering the country.
  5. Having never been deported unless he obtains special permission to re-enter in accordance with article 91.

A multiple entry visa may be granted to foreigners whose work requires them to visit the country repeatedly. The visa allows its holder to enter the country multiple times within a six-month period and remain for thirty days each time (Art. 32, 33).

Art. 41 lists the categories of private sector employees for whom a visit visa may be turned into a residence permit for the purpose of work. These include engineers, doctors, pharmacists, nurses, lab technicians, teachers, accountants, auditors, and others.

Art. 42 sets the procedure for turning a visit visa into a residence permit for the purpose of work.

Art. 43 lists categories of foreign residents of GCC countries who may enter the UAE for a visit without obtaining a visa or permit.

 

UAE: Ministerial Decision No. 360 of 1997 Issuing the Implementing Regulations of Federal Law No. 6 of 1973 Regarding Entry and Residence of Foreigners

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 360 of 1997 Issuing the Implementing Regulations of Federal Law No. 6 of 1973 Regarding Entry and Residence of Foreigners

 

 

Date of adoption

 

16 July 1997
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

 

Abstract

 

In accordance with Art. 13, a foreigner may only be granted an entry permit or visa if he meets the following conditions:

  1. Having a valid passport or travel document enabling him to enter the country and return to the country in which he resides or his country of origin.
  2. Having approval from the competent authorities depending on his reason for entering the country.
  3. Having a sponsor who resides in the country; the sponsor may be either a citizen or a resident.
  4. Not being banned from entering the country.
  5. Having never been deported unless he obtains special permission to re-enter in accordance with article 91.

The sponsor shall commit to verifying the veracity of the information submitted on the application, bringing the sponsored person into the country and returning him to his country when necessary, as well as any other commitments imposed by the General Administration of Nationality and Residence (Art. 14).

An entry permit for the purpose of work allows its holder to enter the country within two months of its issuance and remain in the country for a maximum period of thirty days from the date of entry (Art. 22).

Art. 23 sets out the procedure for obtaining an entry permit for the purpose of work for each category of employer. The fourth section of the same article lists the conditions that must be met by a foreigner in order to sponsor a domestic worker. These include but are not limited to having a monthly salary of at least 6000 Dirhams, and paying a fee the equivalent of one year’s salary where the minimum salary for a domestic worker is 400 Dirhams.

The following categories of foreigners may not sponsor or recruit a foreigner even if they meet the minimum salary requirement: Domestic workers and labourers (Art. 27).

An entry permit for the purpose of residence may be granted to a foreigner in any of the cases listed in this article (Art. 28).

An entry permit for the purpose of residence allows its holder to enter the country within two months of its issuance and remain in the country for a maximum period of thirty days from the date of entry (Art. 30).

In accordance with Art. 31, a foreigner may sponsor his wife if the following conditions are met:

  • The sponsor shall have a valid residence permit for the purpose of work.
  • He shall submit a certified copy of the marriage certificate
  • He must have a minimum wage of 3000 Dirhams if his employer provides him with accommodation and 4000 Dirhams if the employer doesn’t.
  • He shall submit a certificate of salary verification certified by the competent authority.
  • The same conditions shall apply to foreign women who possess special qualifications and wish to sponsor their family members who are foreigners.
  • The following categories are exempt from the salary condition when sponsoring their family members: teachers, imams, and bus drivers who transport students.

The foreigner may sponsor unmarried female children, as well as male children below the age of eighteen unless they are studying in one of the country’s higher education institutions.

A multiple entry visa may be granted to foreigners whose work requires them to visit the country repeatedly. The visa allows its holder to enter the country multiple times within a six-month period and remain for thirty days each time (Art. 32, 33).

Art. 41 lists the categories of private sector employees for whom a visit visa may be turned into a residence permit for the purpose of work. These include engineers, doctors, pharmacists, nurses, lab technicians, teachers, accountants, auditors, and others.

Art. 42 sets the procedure for turning a visit visa into a residence permit for the purpose of work.

Art. 43 lists categories of foreign residents of GCC countries who may enter the UAE for a visit without obtaining a visa or permit.

 

UAE: Federal Law No. 6 of 1973 on Entry and Residence of Aliens

image_pdfimage_print
 

Title

 

 

UAE: Federal Law No. 6 of 1973 on Entry and Residence of Aliens

 

 

Date of adoption

 

 

25 July 1973

(last amended: 13 November 2007)

 

 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

 

 

Abstract

 

Chapter Seven of this law deals with penalties.

In accordance with Art. 31 as amended by Federal Laws No. 13 of 1996 and 7 of 2007, every foreigner illegally entering the Country is subject to a penalty of imprisonment for a minimum period of one month and/or payment of a fine of ten thousand Dirhams or more. The Court shall also order his deportation from the country.

 

UAE: Federal Law No. 6 of 1973 on Entry and Residence of Aliens

image_pdfimage_print
 

Title

 

 

UAE: Federal Law No. 6 of 1973 on Entry and Residence of Aliens

 

 

Date of adoption

 

 

25 July 1973

(last amended: 13 November 2007)

 

 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

 

 

Abstract

 

In accordance with Art. 2, foreigners shall not be granted entry into the country unless they hold a valid passport or travel document and a valid entry visa or residence permit. The entry visa requirement may be waived for certain countries by a decree of the Minister if reciprocal treatment is extended to citizens of the UAE.

Art. 9 as amended by Federal Law No. 7 of 1985:

The entry permit and visa shall be valid for a period of two months and for one entry only. A visa may be granted for several entries and for a period of six months only.

An entry visa entitles its holder to remain in the country for a maximum period of thirty days (Art. 10).

A foreigner entering the country by virtue of a visa or an entry permit shall leave it upon expiry or cancellation unless he obtained a residence permit during that period. For citizens of countries exempted from the visa condition, they shall leave within thirty days of entry unless they have obtained a residence permit (Art. 12).

Every foreigner upon entering the country shall report to the Directorate General of Nationality and Residence or the police station in the region where he is living, within one week of entry. S/he shall give notice to the authorities in case of changing place of residence within a week (Art. 13).

UAE: Ministerial Decision No. 779 of 1999 Amending Some Provisions of the Implementing Regulations of Federal Law No. 6 of 1973 Regarding the Entry and Residence of Foreigners

image_pdfimage_print
 

Title

 

 

UAE: Ministerial Decision No. 779 of 1999 Amending Some Provisions of the Implementing Regulations of Federal Law No. 6 of 1973 Regarding the Entry and Residence of Foreigners

 

 

Date of adoption

 

24 November 1999
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

 

Abstract

This decision amends article 43 of the original Ministerial Decision No. 360 of 1997 issuing the Implementing Regulations of Federal Law No. 6 of 1973 on the Entry and Residence of Foreigners (Art. 1):

First: The following is added to the end of paragraph b: and those working in the public sector who do not fall into the categories of labourers.

Second: Paragraph c is replaced by the following: Family members of the categories listed in paragraphs a & b.

Third: Two new paragraphs d and e shall be added:

  1. Drivers sponsored by categories a and b when entering the country through land.
  2. Those accompanying GCC nationals including both family members and sponsored drivers and domestic workers.

 

UAE: The Constitution of the United Arab Emirates (1971)

image_pdfimage_print
 

Title

 

UAE: The Constitution of the United Arab Emirates (1971)
 

Date of adoption

 

1971
 

Entry into force

 

02 December 1971
 

Text versions

Arabic

Source:

 

 

Abstract

Art. 8 grants citizens of the UAE protection against losing their citizenship or having it withdrawn, except for exceptional situations, which shall be defined by law.

Art. 29 guarantees the freedom of movement and residence to citizens within the limits of the law.

Art. 34 prohibits the enslavement of any person.

Citizens may not be deported or expelled from the United Arab Emirates (Art. 37).

The extradition of citizens and political refugees is prohibited (Art. 38).

Foreigners in the United Arab Emirates shall enjoy the rights and freedoms granted to them in relevant international treaties or in the treaties and agreements to which the UAE is a signatory and they shall adhere to the corresponding duties (Art. 40).<

 

Bahrain: Decision No. 21 of 1994 Concerning the Conditions and Situations Governing the Conclusion of an Agreement between an Employer and a Recruitment Office for Supplying Non-Bahraini Workers

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 21 of 1994 Concerning the Conditions and Situations Governing the Conclusion of an Agreement between an Employer and a Recruitment Office for Supplying Non-Bahraini Workers

 

Date of adoption

 

18 July 1994
 

Entry into force

 

20 July 1994
 

Text versions

Arabic

Source:

 

 

 

Abstract

Art. 1 lists the conditions that must be met for an employer to be able to enlist the help of a recruitment office in recruiting non-Bahraini workers:

  1. The signature of a contract using the template annexed to this decision
  2. The contractor shall use the template for the work contractor annexed
  3. Both the employer and the contractor shall not receive money from workers in exchange for recruiting them or keeping them employed.
  4. The contractor shall bear the responsibility and associated costs in cases where the worker does not perform as expected during the probation period (at least three months).

The permit for recruitment offices shall be valid for one year, which may be renewed at the discretion of the Ministry of Labour and Social Affairs (Art. 2).

The fee for the permit to establish a recruitment office for non-Bahraini workers is set at 500 Bahraini Dinars. The fee for renewal is set at 100 Bahraini Dinars (Art. 3).

This decision repeals Decision No. 17 of 1976 Concerning the Conditions and Situations Governing the Conclusion of an Agreement between an Employer and a Recruitment Office for Supplying Non-Bahraini Workers (Art. 4).

 

Bahrain: Decision No. 14 of 1994 Listing Situations Resulting in the Suspension of Work Permit Renewal for non-Bahraini Workers and its Cancellation and Situations of Exemption

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 14 of 1994 Listing Situations Resulting in the Suspension of Work Permit Renewal for non-Bahraini Workers and its Cancellation and Situations of Exemption

 

 

Date of adoption

 

 

26 April 1994

(last amended: 25 April 1995)

 

 

Entry into force

 

04 May 1994
 

Text versions

 

Arabic

 

Source:

 

 

 

Abstract

 

 

Art. 1 lists the situations in which the renewal of work permits for non-Bahraini workers may be suspended or they may be cancelled:

  1. If the Ministry of Labour and Social Affairs deems the continuation of hiring foreign workers is detrimental to the ability of qualified Bahrainis to perform the same work.
  2. If the employer submits falsified documents or incorrect information in order to obtain work permits for non-Bahraini workers.
  3. If the foreign worker is not physically fit.
  4. If the foreign worker is sentenced in a criminal case or for a crime against honour or integrity.
  5. If the Ministry of Labour and Social Affairs verifies that the employer does not need the services of the non-Bahraini workers registered in his name or if it ascertains that they are working for another employer or are self-employed.
  6. If the employer does not adhere to the Bahrainization plan or tries to work around it.

 

The employer is required to notify the Ministry of a foreign worker’s resignation if it takes place before the expiry of the work permit, within ten days of its occurrence (Art. 3).

 

 

 

 

Bahrain: Decision No. 19 of 2004 Amending Decision No. 9 of 1994 Regarding the Validity of Work Permits for Non-Bahraini Workers, the Procedures for Renewal and Fees

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 19 of 2004 Amending Decision No. 9 of 1994 Regarding the Validity of Work Permits for Non-Bahraini Workers, the Procedures for Renewal and Fees

 

 

Date of adoption

 

10 July 2004
 

Entry into force

 

12 August 2004
 

Text versions

Arabic

Source:

 

Abstract

In accordance with Art. 1, the text of the last paragraph of Art. 5 (Bis) shall be replaced with the following text: “The Minister of Labour and Social Affairs may approve the renewal of temporary work permits for a period of six months if the employer needs it.”

 

Bahrain: Decision No. 10 of 1995 Amending Decision No. 9 of 1994 Regarding the Validity of Work Permits for Non-Bahraini Workers, the Procedures for Renewal and Fees

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 10 of 1995 Amending Decision No. 9 of 1994 Regarding the Validity of Work Permits for Non-Bahraini Workers, the Procedures for Renewal and Fees

 

 

Date of adoption

 

09 December 1995
 

Entry into force

 

01 January 1996
 

Text versions

Arabic

Source:

 

Abstract

The fee for the following categories in article 5 of Decision No. 9 of 1994 shall be amended as follows (Art. 1):

  • Fee for issuing a work permit – 100 Bahraini Dinars
  • Fee for renewing a work permit – 150 Bahraini Dinars

 

Bahrain: Decision No. 87 of 2006 Concerning the Issuance of a Residence Permit Allowing its Holder to Leave and Return to the Country for Multiple Trips

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 87 of 2006 Concerning the Issuance of a Residence Permit Allowing its Holder to Leave and Return to the Country for Multiple Trips

 

 

Date of adoption

 

03 October 2006
 

Entry into force

 

10 November 2006
 

Text versions

Arabic

Source:

 

Abstract

A residence permit, which allows its holder to leave and re-enter the country for multiple trips, may be issued during the validity period of the residence permit (Art. 1).

The residence permit referred to in this decision is cancelled if the foreigner remains outside the country for more than six months (Art. 2).

The fee for issuing or renewing the residence permit referred to in this decision is 30 Bahraini Dinars (Art. 3).

 

Bahrain: Ministerial Resolution No. 193 of 1999 Issued bt the Minister of Interior Concerning Granting Residence Permits to Aliens Sponsored by Individuals

image_pdfimage_print
 

Title

 

 

Bahrain: Ministerial Resolution No. 193 of 1999 Issued bt the Minister of Interior Concerning Granting Residence Permits to Aliens Sponsored by Individuals

 

 

Date of adoption

 

1999
 

Entry into force

 

1999
 

Text versions

English

Source:

 

Abstract

This ministerial decision allows a retired alien who had worked for the public or private sector for no less than fifteen years to apply for a residence permit (Art. 1).

The alien must fulfill the following conditions to qualify for a residence permit (Art. 2):

  1. Good conduct
  2. Having a house rented in his name in Bahrain
  3. A permanent deposit of 5000 BD
  4. Having a lawful source of living to support himself and his dependents.
  5. Good health as well as medical insurance coverage for himself and his dependents
  6. Any other conditions set by the GD of Immigration and Passports.

A residence permit under personal sponsorship shall be granted for a period not exceeding five years and may be renewed for a similar period or less (Art. 4).

The wife of an alien residing in the Kingdom under personal sponsorship may be granted a residence permit without the right to work upon the husband’s request (Art. 5).

The fee for issuance or renewal of a residence permit is 60 Dinars per year (Art. 6).

The alien and his dependents who have been granted a residence permit under personal sponsorship may not seek employment in the public or private sector (Art. 7). They may also enter and leave the country without obtaining an entry visa as long as they spend six months in any given year in the Kingdom (Art.8).

 

Bahrain: Decision No. 1 of 2007 Concerning the Implementing Regulation of the Identity Card Law No. 46 of 2006

image_pdfimage_print
 Title

 

Bahrain: Decision No. 1 of 2007 Concerning the Implementing Regulation of the Identity Card Law No. 46 of 2006
 Date of adoption

 

15 January 2014
 Entry into force

 

18 January 2014
 Text versions Arabic 

Source:

 

Abstract

In accordance with Art. 4 of this decision, holding an identity card does not confer upon its holder the right to reside in the Kingdom of Bahrain unless he has obtained a residence permit in accordance with applicable laws.The fees for issuing, renewing, or replacing an identity card for non-Bahrainis is 10 Bahraini Dinars (Art. 14).

 

Bahrain: Decree No. 12 of 1977 Suspending Certain Provisions of the Social Insurance Law for Non-Bahrainis

image_pdfimage_print
 

Title

 

 

Bahrain: Decree No. 12 of 1977 Suspending Certain Provisions of the Social Insurance Law for Non-Bahrainis

 

 

Date of adoption

 

03 May 1977
 

Entry into force

 

14 May 1977
 

Text versions

Arabic

Source:

 

 

 

Abstract

The application of provisions of the Social Insurance Law issued by Decree No. 24 of 1976 and amended by Law No. 27 of 1976 relating to insurance against old age, disability and death shall be suspended for non-Bahrainis until a decision of re-implementation is issued by the Council of Ministers (Art. 1).

 

Bahrain: Decree No. 27 of 1976 Amending Articles 38 and 139 of the Social Insurance Law

image_pdfimage_print
 

Title

 

 

Bahrain: Decree No. 27 of 1976 Amending Articles 38 and 139 of the Social Insurance Law

 

 

Date of adoption

 

25 August 1976
 

Entry into force

 

26 August 1976
 

Text versions

Arabic

Source:

 

 

 

Abstract

In accordance with Art. 1, Article 38 (5) of the Social Insurance Law shall be amended as follows:

“If the insured employee’s service ends and s/he has not met the conditions for receiving a salary, a one-time compensation shall be due to him. This applies to a number of categories of people including insured persons who permanently leave the country or join the diplomatic mission in the embassy or consulate of his country.”

In accordance with Art. 2 (a), The second paragraph of Article 139 (b) of the Social Insurance Law shall be amended as follows:

“If the insured is entitled to a pension or a disability or death salary in accordance with articles 34, 37, 41, 42, 56, 57, 58,59, 60, 61, 62, then his dues shall all be paid to him in full and the entitlement to pension, disability or death salary shall be settled in the form of a one-time payment in accordance with table No. 6 annexed to this law (Art. 139(b)).

In accordance with Art. 2 (b), Art. 139 of the Social Insurance Law shall be amended by adding a new paragraph c:

“A total sum equivalent to the end of service gratuity owed to him in accordance with the provisions of the Labour Law for the Private Sector, the work contract, the basic regulations, or the employer’s previous practice, depending on which of those is more advantageous. The maximum amount to be paid shall be determined by multiplying 8.5% of the annual fee paid by the employer as Insurance against old age, disability, or death by the number of years of subscription to the insurance scheme.

 

Bahrain: Decision No. 9 of 1994 Regarding the Validity of Work Permits for Non-Bahraini Workers, the Procedures for Renewal and Fees

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 9 of 1994 Regarding the Validity of Work Permits for Non-Bahraini Workers, the Procedures for Renewal and Fees

 

 

Date of adoption

 

16 March 1994
 

Entry into force

 

31 March 1994
 

Text versions

Arabic

Source:

–  Official Journal Issue No. 2105 (30 March 1994), pp. 5 – 6, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 10 November 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLSA0994.pdf

 

Abstract

 

An employer who obtains a permit to recruit foreign workers from the Ministry of Labour and Social Affairs must use it within three months of its issuance (Art. 1).

The work permit shall be valid for two years from the date of issuance and may only be renewed after submitting a certificate attesting to the physical fitness of the foreign workers (Art. 2).

The work permit shall be renewed if the employer has not violated the terms of Art. 2 of Decision No. 8 of 1994 Regarding the Conditions for Obtaining Work Permits for Non-Bahraini Workers (Art. 4).

Art. 5 lists the fees for issuing work permits to non-Bahraini workers:

–         Fee for issuing a work permit – 50 dinars

–         Fee for issuing a work permit for domestic workers – 30 dinars

–         Fee for issuing a replacement for a lost or expired work permit – 30 dinars

–         Fee for renewal – 40 dinars

–         Fee for change of profession – 35 dinars

–         Fee for changing the employer listed on work permit – 35 dinars

–         Fee for local hire – 35 dinars

 

Bahrain: Decision No. 8 of 1994 Regarding the Conditions for Obtaining Work Permits for Non-Bahraini Workers

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 8 of 1994 Regarding the Conditions for Obtaining Work Permits for Non-Bahraini Workers

 

 

Date of adoption

 

16 March 1994
 

Entry into force

 

31 March 1994
 

Text versions

Arabic

Source:

Official Journal Issue No. 2105 (30 March 1994), pp. 3 – 4, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 10 November 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLSA0894.pdf

Abstract

In accordance with Art. 2, the following conditions must be met by an employer applying to the Labour Administration for a permit to hire a foreign worker:

  1. Having a valid commercial record
  2. Presenting contracts, agreements or documents that prove his actual need to hire foreign workers
  3. Presenting proof of payment for workers he already employs.

Art. 5 requires that work permits are granted to non-Bahrainis so long as the foreign worker is not competing with Bahraini workers and does not have any pending cases or violations with the Labour Administration. Establishment authorized to hire foreign experts, shall make an effort to appoint Bahraini assistants whose qualifications match those of the experts and may be trained to do their work in the future.

This decision repeals Decision No. 13 of 1976 Regarding Work Permits and Identity Cards for Non-Bahrainis and its implementing regulations (Art. 7).

 

Bahrain: Decision No. 78 of 2008 Amending Some Provisions of Decision No. 76 of 2008 Regulating Work Permits for Foreign Workers Excluding the Category of Domestic Workers

image_pdfimage_print
 

Title

 

 

Decision No. 78 of 2008 Amending Some Provisions of Decision No. 76 of 2008 Regulating Work Permits for Foreign Workers Excluding the Category of Domestic Workers

 

 

Date of adoption

 

18 May 2008
 

Entry into force

 

01 August 2008
 

Text versions

Arabic

Source:

Official Journal Issue No. 2854 (31 July 2008), pp. 13 -14, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 26 June 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLMKT7808.pdf

 

Abstract

 

This decision replaces the texts of article 2 (4) and article 10 of the original decision.

The new Art. 2(4) stipulates as one of the conditions for granting an employer the right to hire foreign workers, that neither of the two has ever been found to have violated any of the essential commitments under the Law Regulating the Labour Market or any of its implementing regulations.

The new Art. 10 states: “Without prejudice to Art. 15 of this decision, the work permit shall be valid for two years from the date of the worker’s arrival in the Kingdom. It may be renewed for similar period(s) upon the application of the employer or his deputy to the Labour Market Regulatory Authority, by submitting the proper form or electronically no more than 180 days prior to the expiry of the work permit. The application for renewal must include all required data, information and supporting documents and must meet the conditions stipulated in article 2 of this decision.”

 

Bahrain: Decision No. 27 of 2013 Specifying Jobs and Cases in which Work May Continue Without Rest Periods and Difficult and Strenuous Jobs in which the Worker Must be Given Rest Periods that Count Towards Actual Working Hours

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 27 of 2013 Specifying Jobs and Cases in which Work May Continue Without Rest Periods and Difficult and Strenuous Jobs in which the Worker Must be Given Rest Periods that Count Towards Actual Working Hours

 

 

Date of adoption

 

26 May 2013
 

Entry into force

 

14 June 2013
 

Text versions

Arabic

Source:

Official Journal Issue No. 3108 (13 June 2013), p. 20, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 10 November 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLAB2713.pdf

 

Abstract

 

Art. 1 of this decision lists the jobs and cases in which work must continue without rest periods.

In those situations, the employer shall allow workers to drink or eat light snacks or rest in a manner organized by the establishment during work (Art. 2).

Art. 3 lists the difficult or strenuous jobs in which a worker must be allowed one or more rest periods of no less than one hour, which shall be counted towards actual working hours.

This decision repeals decision No. 19 of 1976 Specifying Jobs and Cases in which Work May Continue Without Rest Periods (Art. 4).

 

Bahrain: Decision No. 25 of 2013 Specifying Naturally Intermittent Jobs in which a Worker May Be Required to Spend More than Eleven Hours Each Day at the Workplace

image_pdfimage_print
 Title

 

Bahrain: Decision No. 25 of 2013 Specifying Naturally Intermittent Jobs in which a Worker May Be Required to Spend More than Eleven Hours Each Day at the Workplace

 

 Date of adoption

 

26 May 2013
 Entry into force

 

14 June 2013
 Text versions Arabic

 

Source:

Official Journal Issue No. 3108 (13 June 2013), p. 18, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 10 November 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLAB2513.pdf

 

Abstract

 

Art. 1 of this decision lists the jobs in which a worker may be required to work for more than eleven hours per day (maximum of twelve), including a rest period. These include transportation of passenger or good via roads, railroads, internal waterways or air including working at airports; working in wholesale of vegetables, fruits and fish; and working in pharmacies among others.

 

Bahrain: Decision No. 67 of 2013 Amending Article One of Decision No. 26 of 2008 Regarding the Fees Imposed on Employers for Issuing Work and Residence Permits and their Renewal for the Dependents of a Foreign Worker and a Foreign Business Owner

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 67 of 2013 Amending Article One of Decision No. 26 of 2008 Regarding the Fees Imposed on Employers for Issuing Work and Residence Permits and their Renewal for the Dependents of a Foreign Worker and a Foreign Business Owner

 

 

Date of adoption

 

08 October 2013
 

Entry into force

 

01 September 2013
 

Text versions

Arabic

Source:

–  Official Journal Issue No. 3125 (10 October 2013), p. 5, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 10 November 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RCAB6713.pdf

Abstract

The following shall be added to the end of article one of Decision No 26 of 2008: “A reduced monthly fee of 5 Bahraini Dinars shall be charged for the first five workers working for any employer”.

 

Bahrain: Decision No. 26 of 2008 Regarding the Fees Imposed on Employers for Issuing Work and Residence Permits and their Renewal for the Dependents of a Foreign Worker and a Foreign Business Owner

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 26 of 2008 Regarding the Fees Imposed on Employers for Issuing Work and Residence Permits and their Renewal for the Dependents of a Foreign Worker and a Foreign Business Owner

 

 

Date of adoption

 

05 June 2008
 

Entry into force

 

01 July 2008
 

Text versions

Arabic

Source:

Official Journal Issue No. 2849 (26 June 2008), p. 66, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 10 November 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RCAB2608.pdf

Abstract

In accordance with Art. 1, the fee for issuing a work permit or its renewal by employers shall be 200 Bahraini Dinars (BD). This fee shall cover all the fees related to the issuing of a work permit including the non-objection certificate, entry visa, residence permit, return visa, medical exam and identification card. A monthly fee of 10 BD shall be paid on behalf of every foreign worker.

The fee for the dependents of a foreign worker as well as a foreign business owner shall be 90 BD for first time issuance and renewal for two year. This fee also covers the non-objection certificate, residence permit and return visa (Art. 2).

 

Bahrain: Law No. 4 of 1984 Amending Provisions of Law No. 3 of 1983 Regarding the Treatment of Gulf Cooperation Council Citizens in the Area of Economic Activity in Bahrain

image_pdfimage_print
 

Title

 

 

Bahrain: Law No. 4 of 1984 Amending Provisions of Law No. 3 of 1983 Regarding the Treatment of Gulf Cooperation Council Citizens in the Area of Economic Activity in Bahrain

 

 

Date of adoption

 

29 February 1984
 

Entry into force

 

01 March 1984
 

Text versions

Arabic

Source:

Official Journal Issue No. 1581 (01 March 1984), pp. 8 – 9, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 10 November 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/L0383.pdf

Abstract

This law amends articles 1 and 2 of the original law.

Added to the list of sectors listed in article 1 of Law No. 3 of 1983 are: the establishment of hotels and restaurants and working in them; and performing maintenance work in any of the sectors in which economic activity is permitted for GCC citizens (Art. 1).

Added to the list of professions and businesses listed in article 2 of Law No. 3 of 1983 are: Pharmacy so long as s/he has the academic qualifications and obtains the license and registration required of Bahraini pharmacists; and crafts of all types so long as s/he is qualified to practice the craft, is a permanent resident of Bahrain, and completes the proper registration and licensing required of Bahrainis (Art. 2).

 

Bahrain: Law No. 3 of 1983 Regarding the Treatment of Gulf Cooperation Council Citizens in the Area of Economic Activity in Bahrain

image_pdfimage_print
 

Title

 

 

Bahrain: Law No. 3 of 1983 Regarding the Treatment of Gulf Cooperation Council Citizens in the Area of Economic Activity in Bahrain

 

 

Date of adoption

 

26 January 1983
 

Entry into force

 

01 March 1983
 

Text versions

Arabic

Source:

Official Journal Issue No. 1525 (02 February 1983), pp. 03 – 04, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 10 November 2014http://www.legalaffairs.gov.bh/Media/LegalPDF/L0383.pdf

Abstract

Citizens of the Gulf Cooperation Council (GCC) Countries who have signed the Unified Economic Agreement issued by Law No. 26 of 1981 shall be treated in the same way as Bahraini citizens when engaging in economic activity in the following sectors: Manufacturing, agriculture, livestock, fisheries, contracting (Art. 1).

Moreover, citizens of the Gulf Cooperation Council (GCC) Countries who have signed the Unified Economic Agreement issued by Law No. 26 of 1981 shall be treated in the same way as Bahraini citizens when engaging in economic activity in the following professions and businesses: Medicine, Legal Services, Accounting, Engineering, and Administrative, Economic, Agricultural and Fisheries Consultancies (Art. 2).

UAE: Federal Law No. 6 of 1973 on Entry and Residence of Aliens

image_pdfimage_print
 

Title

 

 

UAE: Federal Law No. 6 of 1973 on Entry and Residence of Aliens

 

 

Date of adoption

 

 

25 July 1973

(last amended: 13 November 2007)

 

 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

 

Abstract

 

In accordance with Art. 2, foreigners shall not be granted entry into the country unless they hold a valid passport or travel document and a valid entry visa or residence permit. The entry visa requirement may be waived for certain countries by a decree of the Minister if reciprocal treatment is extended to citizens of the UAE.

Immigration authorities at the International airport of any Emirate may grant a ninety-six hour visa if the traveler possesses a valid passport or travel document and a ticket to his next destination (Art. 7).

Art. 9 as amended by Federal Law No. 7 of 1985:

The entry permit and visa shall be valid for a period of two months and for one entry only. A visa may be granted for several entries and for a period of six months only.

An entry visa entitles its holder to remain in the country for a maximum period of thirty days (Art. 10).

If granted a visit visa, a foreigner may not work in any part of the country whether the work is paid or unpaid. If a work visa is granted to enable the foreigner to work with a specific individual or establishment, then s/he may not work with another individual or establishment unless he s/he obtains their written consent and the approval of the Directorate General of Nationality and Residence (Art. 11).

A foreigner entering the country by virtue of a visa or an entry permit shall leave it upon expiry or cancellation unless he obtained a residence permit during that period. For citizens of countries exempted from the visa condition, they shall leave within thirty days of entry unless they have obtained a residence permit (Art. 12).

Bahrain: Decision No. 1 of 2013 Regulating the Records of Employers

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 1 of 2013 Regulating the Records of Employers

 

 

Date of adoption

 

26 June 2013
 

Entry into force

 

19 July 2013
 

Text versions

Arabic

Source:

Official Journal Issue No. 3113 (18 July 2013), pp. 10 – 12, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 10 November 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RINT8706.pdf

 

Abstract

 

All employers who employ expatriate workers must keep a record of the following details (Art. 1):

  1. Name of worker, nationality, date of birth, qualifications, job description or profession, place of residence and all information related to his identity.
  2. Nature and type of work.
  3. Date of arrival in the Kingdom at the start of his employment.
  4. Duration of work permit.
  5. Duration of work contract, if specified.
  6. Agreed upon salary, payment mode and payment due date and all financial and in-kind benefits, employee’s bank account number to deposit the salary, and the employer’s bank account details.
  7. Any licenses obtained from concerned authorities, if the expatriate worker practices a profession that requires a specific license.
  8. Any changes that may occur to the employment relationship that would affect the rights and obligations of either party, or the continuity of the employment relationship.

The employer is required to provide LMRA inspectors and authorized personnel with access to this record upon request (Art. 4).

Bahrain: Decision No. 22 of 2013 Regarding Other Data to be Included in the Work Contract

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 22 of 2013 Regarding Other Data to be Included in the Work Contract

 

 

Date of adoption

 

26 May 2013
 

Entry into force

 

14 June 2013
 

Text versions

Arabic

Source:

Official Journal Issue No. 3108 (13 June 2013), p. 10, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 10 November 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLAB2213.pdf

Abstract

In addition to the data mentioned in article 20 of the labour law for the private sector issued by Law No. 36 of 2012, the work contract shall include the following data (Art. 1):

  1. Marital Status
  2. Hajj Performance
  3. Non-competition clause between the worker and the employer without prejudice to article 73 of the labour law.

 

Oman: Ministerial Decision No. 191 of 2007 Issuing the Executive Regulations of the Real Estate Ownership Act in Integrated Tourism Complexes

image_pdfimage_print
 Title

 

 

Oman: Ministerial Decision No. 191 of 2007 Issuing the Executive Regulations of the Real Estate Ownership Act in Integrated Tourism Complexes

 

 Date of adoption

 

19 September 2007
 Entry into force

 

In effect
 Text versions English

Source:

Sultanate of Oman, Ministry of Housing, accessed 01 November 2014,

 

Abstract

Keywords: Oman, Laws & Regulations, Foreign Population, Housing, Residence ConditionsIn accordance with Art. 2 of this decision, Non-omani natural or juridical personalities may own built-up property or plots of land, prepared for building or exploitation, in integrated tourism complexes, with the intent of accommodation or for investment purposes.

Non-Omani owners of a built unit in an integrated tourism complex may be granted a residence permit for themselves and for their immediate family members subject to satisfying the following requirements (Art. 24):

  1. The application for the residence permit shall be submitted to the department concerned at Royal Oman Police and included therein shall be the names, nationalities and addresses of family members applying for the permit.
  2. The application shall be accompanied by relevant supportive documents and a fixed fee shall be paid.

The authorities concerned shall grant the residence permit within seven working days from the date of submission provided that the submitted application is adequate in all respects.

The residence permit given to the owner of a constructed unit and his immediate family members shall be valid for two years and shall be automatically renewed, without a fresh application, every two years for six years. A two-year multiple investor visa shall be issued to owners of land plots prepared for construction and their immediate family members until construction is finished and in accordance to article (11) of this regulation (Art. 25).

Pursuant to Art. 27, residence permits given to immediate family members of a deceased owner shall continue to remain valid and shall be renewed to his successors or to whom the property is alienated throughout the period of ownership.

 

Oman: Sultan’s Decree No. 72/1991 issuing the Social Insurance Law and its Amendments

image_pdfimage_print
 Title

 

Oman: Sultan’s Decree No. 72/1991 issuing the Social Insurance Law and its Amendments

 

 Date of adoption

 

 02 July 1991

(Last Amended: 31 October 2013)

 

 Entry into force

 

 In effect
 Text versions ArabicSource:

–  Said al Shahry Legal Training Centre, Official Journal Issue No. 1032.

 

 

Abstract

Keywords: Oman, Laws & Regulations, Citizenship, NaturalisationThis law is applicable to citizens of Oman employed in the private sector under a permanent work contract or working in one of the Gulf Cooperation Council countries. It does not cover foreign workers, household workers, self-employed persons, and artisans.

In 2006, the law was amended to include Article 22 (Bis) A, B & C. These relate to the right of foreigners working in the private sector who become naturalised citizens to benefit from Social Insurance for the period of time prior to the law coming into effect if certain conditions are met and procedures are followed.

Bahrain: Decision No. 26 of 2008 Regarding the Fees Imposed on Employers for Issuing Work and Residence Permits and their Renewal for the Dependents of a Foreign Worker and a Foreign Business Owner

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 26 of 2008 Regarding the Fees Imposed on Employers for Issuing Work and Residence Permits and their Renewal for the Dependents of a Foreign Worker and a Foreign Business Owner

 

 

Date of adoption

 

05 June 2008
 

Entry into force

 

01 July 2008
 

Text versions

Arabic

Source:

Official Journal Issue No. 2849 (26 June 2008), p. 66, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 10 November 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RCAB2608.pdf

 

Abstract

 

In accordance with Art. 1, the fee for issuing a work permit or its renewal by employers shall be 200 Bahraini Dinars (BD). This fee shall cover all the fees related to the issuing of a work permit including the non-objection certificate, entry visa, residence permit, return visa, medical exam and identification card. A monthly fee of 10 BD shall be paid on behalf of every foreign worker.

The fee for the dependents of a foreign worker as well as a foreign business owner shall be 90 BD for first time issuance and renewal for two year. This fee also covers the non-objection certificate, residence permit and return visa (Art. 2).

 

Oman: Sultan’s Decree No. 38 of 2014 issuing the Omani Citizenship Law

image_pdfimage_print
 

Title

 

 

Oman: Sultan’s Decree No. 38 of 2014 issuing the Omani Citizenship Law

 

 

Date of adoption

 

12 August 2014
 

Entry into force

 

17 February 2015
 

Text versions

Arabic

Source:

Official Journal Issue No. 1066 (17 August 2014), accessed: 01 November 2014, http://www.mola.gov.om/officalgazette.aspx

 

Abstract

This law repeals the old Omani Citizenship Law issued by Sultan’s Decree No. 3 of 1983.

In accordance with Art. 5 of the law, a person may not hold Omani citizenship along with the citizenship of another country unless a Sultan’s Decree authorizes it.

Omani citizens may not renounce their nationality in favour of another until they have fulfilled their obligations and commitments towards the Sultanate. Underage children shall not lose their Omani nationality following their parent’s renunciation unless he has requested it and his new citizenship is granted to them as well (Art. 6).

Art. 11 lists the persons who are considered to be Omani under the law, while Art. 12 lists the conditions that must be met by an Omani who has renounced his Omani nationality in favour of another before he can reclaim it.

Chapter III of this law sets the provisions governing the granting of Omani nationality:

Art. 15 provides that to apply for Omani citizenship, a non-Omani applicant should meet the following conditions:

  1. He should have resided in Oman for at least 20 continuous years or, 15 years if married to an Omani woman provided that their marriage shall have taken place after obtaining approval of the Ministry of Interior (“Ministry”) and he shall have a son from his Omani wife.
  2. Fluency in Arabic
  3. Possessing sound conduct and character
  4. Having not been convicted of any crime or offence in breach of trust or honour, unless he has been exonerated.
  5. Being disease free
  6. Written consent to relinquish current nationality and proof of such.

The foreign wife of an Omani citizen may apply for Omani nationality if she meets the following conditions (Art. 16):

  1. Her marriage should have taken place after obtaining approval from the Ministry;
  2. She shall have a son from her Omani husband;
  3. She should have been married to her Omani husband and resided with him in Oman for at least 10 continuous years;
  4. She must be able to communicate in the Arabic language
  5. She must possess sound conduct and character and
  6. She should not have been convicted of any crime or offence in breach of trust or honour, unless she has been exonerated.
  7. Written consent to relinquish current nationality and proof of such.

Art. 17 lists the conditions for the widowed or divorced foreign wife of an Omani citizen to apply for citizenship, while Art. 18 lists the conditions under which children on an Omani woman married to a foreigner may apply for citizenship.

 

Oman: Royal Decree No. 7 of 1974 issuing the Omani Penal Code

image_pdfimage_print
 

Title

 

 

Oman: Royal Decree No. 7 of 1974 issuing the Omani Penal Code

 

 

Date of adoption

 

16 February 1974
 

Entry into force

 

In effect
 

Text versions

Arabic

English

Sources:

Sultanate of Oman, Royal Oman Police, accessed: 01 November 2014, http://www.rop.gov.om/english/roplaws.asp

Sultanate of Oman, Financial Intelligence Unit, accessed: 01 November 2014, http://www.fiu.gov.om/files/english/Omani%20Penal%20Code/Royal%20Decree%20No.%207-74-1.pdf

 

Abstract

In accordance with art. 8, the Omani legislation shall be applicable to any Omani or foreign person, who, whether as an offender, instigator or participant, kidnaps an Omani national or trades in, or enslaves him.

The Omani legislation shall be applicable to any foreigner who, whether as an offender, instigator or participant, commits abroad a felony or misdemeanor punishable by Omani laws and not stipulated in Articles 8, 10, 11 of this law and who is thereafter present in Oman. In such cases, the following conditions must be present (Art. 12):

  1. The law of the state where the crime is committed requires a sentence of three years imprisonment
  2. The extradition of the person is not requested or accepted
  3. If sentenced abroad then the sentence has not been executed or has been pardoned.

Chapter III deals with Accessory or Additional Penalties:

In accordance with Art. 46, accessory or additional penalties shall include the expulsion of a foreigner. This is further defined in Art. 48 which stipulates that any foreigner sentenced to a coercive penalty for a felony shall be sentenced to expulsion from the Omani territory in a special paragraph in the judgment. If the offender is sentenced to a disciplinary penalty for a felony or misdemeanor, he may be sentenced to expulsion if his offence is disgracing or harmful to state security or public ethics, or if his recidivism is established. The expulsion may be for life or for a temporary period of three to fifteen years.

If a foreigner is expelled, he shall leave Omani territory on his own expense within fifteen days. Failing to do so is punishable by one to six months imprisonment (Art. 49).

 

Oman: Ministerial Decision No. 191 of 2007 Issuing the Executive Regulations of the Real EstateOwnership Act in Integrated Tourism Complexes

image_pdfimage_print
 

Title

 

 

Oman: Ministerial Decision No. 191 of 2007 Issuing the Executive Regulations of the Real EstateOwnership Act in Integrated Tourism Complexes

 

 

Date of adoption

 

19 September 2007
 

Entry into force

 

In effect
 

Text versions

English

Source:

–  Sultanate of Oman, Ministry of Housing, accessed 01 November 2014

 

 

Abstract

Non-Omani owners of a built unit in an integrated tourism complex may be granted a residence permit for themselves and for their immediate family members subject to satisfying the following requirements (Art. 24):

  1. The application for the residence permit shall be submitted to the department concerned at Royal Oman Police and included therein shall be the names, nationalities and addresses of family members applying for the permit.
  2. The application shall be accompanied by relevant supportive documents and a fixed fee shall be paid.

The authorities concerned shall grant the residence permit within seven working days from the date of submission provided that the submitted application is adequate in all respects.

The residence permit given to the owner of a constructed unit and his immediate family members shall be valid for two years and shall be automatically renewed, without a fresh application, every two years for six years. A two-year multiple investor visa shall be issued to owners of land plots prepared for construction and their immediate family members until construction is finished and in accordance to article (11) of this regulation (Art. 25).

Pursuant to Art. 27, residence permits given to immediate family members of a deceased owner shall continue to remain valid and shall be renewed to his successors or to whom the property is alienated throughout the period of ownership.

 

Oman: Decision No. 137 of 2014 Amending Provisions of the Executive Regulations of the Foreigners’ Residence Law No. 63 of 1996

image_pdfimage_print
 

Title

 

 

Oman: Decision No. 137 of 2014 Amending Provisions of the Executive Regulations of the Foreigners’ Residence Law No. 63 of 1996

 

Date of adoption

 

22 October 2014
 

Entry into force

 

30 days after publication
 

Text versions

Arabic

Source:

–  Sultanate of Oman, Ministry of Legal Affairs, accessed: 01 November 2014, http://www.mola.gov.om/TempRoyalDecree.aspx?Id=81&type=D

 

Abstract

 

The following decision replaces certain articles of the Decision No. 63 of 1996.

Of particular relevance is Art. 4 (e) relating to the visits of foreign relatives and friends. In accordance with the new text, a visit visa shall be granted to the relatives and friends of an Omani citizen upon his request where he shall act as their sponsor. A visit visa may also be granted to the relatives of a foreigner residing in Oman upon the request and of his sponsor where he shall act as their sponsor. A visit visa may also be granted to relatives of owners of residential units upon their request and under their sponsorship. Such a visa grants its holder the right to remain in the country for three months renewable once for a month. The visa may be used within three months of its issuance and is valid for one visit only.

Art. 6 sets the conditions for obtaining a fast visa which is granted to foreign businessmen entering the country to complete a business transaction as well as people with high and rare professional qualifications upon the request of a local sponsor. The visa must be used within one month of its issuance and is valid for a single entry of three weeks renewable for one week.

Art. 9 sets the conditions for obtaining an investor visa which may be granted to a foreigner who is at least twenty-one years old who wishes to invest his money in the country. This visa must be used within three months of its issuance.

Art. 10 stipulates that to obtain a reunification visa, the local sponsor must request it for the wife/ husband and children (aged no more than twenty-one) of a foreign employee. They shall be under the sponsor’s responsibility. This type of visa may also be granted to the foreign wife of an Omani citizen upon his request and presentation of proof of marriage. The visa must be used within three months of its issuance.

A family visa may be granted at the discretion of the competent authority and upon the request and under the responsibility of a local sponsor. This visa must be used within three months of its issuance (Art. 11).

A new Art. 13 (Bis) is added to the decision entitling a sponsor to request the replacement of a visa issued to a person he sponsors in accordance with the regulations set by the competent authority.

The new Art. 14 sets the conditions that must be met by a sponsor:

  1. S/he must be an Omani or GCC citizen or a foreign investor or a foreign owner of real estate in the country.
  2. S/he must be able to bear the costs of sponsorship as defined by the Residence Law and its implementing regulations
  3. S/he must ensure that the foreigner works in his field of business and under his supervision if he enters the country for work purposes.
  4. S/he must commit to reporting the foreigner’s place of residence if requested to.
  5. S/he must commit to ensuring the foreigner’s and his dependents’ departure if its mandated by the competent authority.

Art. 29 is amended with new fees for some of the visas as follows:

  1. Investor visa – 50 Omani Riyals
  2. Reunification visa – 30 Omani Riyals
  3. Family visa – 30 Omani Riyals
  4. Study visa – 30 Omani Riyals

It also adds new fees for the renewal of residence:

  1. Investor residence – 50 Omani Riyals
  2. Reunification residence – 30 Omani Riyals
  3. Family residence – 30 Omani Riyals
  4. Study residence – 30 Omani Riyals
  5. Owner residence – 50 Omani Riyals
  6. Owner Reunification residence – 50 Omani Riyals

 

Oman: Ministerial Decision No. 657/2011 Regulating Emergency Leave in Private Sector Establishments

image_pdfimage_print
 

Title

 

 

Oman: Ministerial Decision No. 657/2011 Regulating Emergency Leave in Private Sector Establishments

 

 

Date of adoption

 

03 December 2013
 

Entry into force

 

01 January 2014
 

Text versions

Arabic

Source:

Said al Shahry Legal Training Centre, Official Journal Issue No. 1038.

 

Abstract

Keywords: Oman, Laws & Regulations, National Labour

In accordance with Art. 1 of this decision, the following professions may only be practiced by Omani nationals:

  1. Traffic Controller
  2. Debt Collector
  3. Money Changer
  4. Warehouse Keeper

Oman: Ministerial Decision No. 575/2013 Amending Some Provisions of Ministerial Decision No. 294/2006 Regarding the Regulation of Collective Bargaining, Peaceful Strikes and Lockouts

image_pdfimage_print
 

Title

 

 

Oman: Ministerial Decision No. 575/2013 Amending Some Provisions of Ministerial Decision No. 294/2006 Regarding the Regulation of Collective Bargaining, Peaceful Strikes and Lockouts

 

 

Date of adoption

 

04 November 2013
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

Said al Shahry Legal Training Centre, Official Journal Issue No. 1033.

 

Abstract

Keywords: Oman, Laws & Regulations, National & Foreign Labour

Art. 1 of this decision replaces the text of article 20 of MD 294/2006 as follows: “Calling for or participating in a strike shall be prohibited within establishments that offer public or essential services as well as in petroleum establishments, oil refineries, harbors and airports.”

In accordance with Art. 2, two new articles shall be added to MD 294/2006:

Art. 20 (Bis) sets up a mechanism for addressing the demands of workers in the establishments mentioned in Art. 20 above.

Art. 21 (Bis) allows the employer in any of the establishments mentioned in article 20 (above) to consider strike days as days of unexcused absence and initiate legal proceeding against striking employees.

 

Oman: Ministerial Decision No. 189/2013 Amending Some Provisions of Ministerial Decision No. 294/2006 Regarding the Regulation of Collective Bargaining, Peaceful Strikes and Lockouts

image_pdfimage_print
 

Title

 

 

Oman: Ministerial Decision No. 189/2013 Amending Some Provisions of Ministerial Decision No. 294/2006 Regarding the Regulation of Collective Bargaining, Peaceful Strikes and Lockouts

 

 

Date of adoption

 

31 March 2013
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

Said al Shahry Legal Training Centre, Official Journal Issue No. 1007, pp. 1-2.

 

 

Abstract

Keywords: Oman, Laws & Regulations, National & Foreign Labour

This decision replaces the texts of article 13 – 17 of the original decision. Art. 13 requires the Ministry to refer the application received by it in accordance with article 12 to the Committee within seven days.

The Committee shall facilitate the negotiations between the conflicting parties (Art. 14).

The settlement reached regarding the collective workers’ dispute shall be signed by all parties as well as members of the Committee and shall be binding on all parties to the dispute (Art. 15).

In accordance with Art. 16, if a settlement is not reached within 15 days then the Committee shall set up a meeting with all involved parties to try and reach a settlement acceptable to all parties. However, if the Committee cannot facilitate a settlement within 30 days, it shall refer the matter to the competent court (Art. 17).

 

Oman: Ministerial Decision No. 90/2013 Setting the Procedures and Regulations for Dealing with Private Sector Establishments that Violate Provisions of the Labour Law and its Implementing Regulations

image_pdfimage_print
 

Title

 

 

Oman: Ministerial Decision No. 90/2013 Setting the Procedures and Regulations for Dealing with Private Sector Establishments that Violate Provisions of the Labour Law and its Implementing Regulations

 

 

Date of adoption

 

17 February 2013
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

–  Said al Shahry Legal Training Centre, Official Journal Issue No. 1003.

 

Abstract

Keywords: Oman, Laws & Regulations, Employer, Labour Rights

Employers in the private sector shall implement he provisions of the Labour Law and its implementing regulations. In cases of violation of any of these provisions, the following services shall be discontinued (Art. 1):

  1. Granting work permits for non-Omani workers
  2. Authorizing the transfer of services of non-Omani workers
  3. Issuing and renewal of labour cards
  4. Amending the establishment’s data
  5. Amending data on the labour card

The services shall be resumed after the violation is addressed and the penalty has been paid (Art. 3).

Oman: Ministerial Decision No. 570/2012 Regulating the Formation, Work and Registration of Labour Trade Unions, Federations and the General Federation of Oman Trade Unions

image_pdfimage_print
 

Title

 

 

Oman: Ministerial Decision No. 570/2012 Regulating the Formation, Work and Registration of Labour Trade Unions, Federations and the General Federation of Oman Trade Unions

 

 

Date of adoption

 

15 October 2012
 

Entry into force

 

21 October 2012
 

Text versions

Arabic

English

Source:

Said al Shahry Legal Training Centre, Official Journal Issue No. 988, pp. 1-17.

–  NATLEX, International Labour Organization, accessed: 20 October 2014, http://www.ilo.org/dyn/natlex/docs/MONOGRAPH/91588/106392/F1625820612/Oman%20legal-196%20ev.pdf

 

Abstract

Keywords: Oman, Laws & Regulations, National & Foreign Labour, Labour Rights

In accordance with Art. 2 of this decision, workers may form from among them labor trade unions to safeguard their interests, defend their rights and improve their financial and social status and to represent them in all matters relating to their affairs.

The worker is entitled to join or withdraw from a trade union and he may not be prevented from exercising his trade union activity or coerced to join or withdraw from a labor union (Art. 3).

The worker must meet a number of conditions, listed in Art. 4, in order to be allowed to join a labour trade union. These do not include being an Omani citizen. However, one of the conditions for becoming a member of the Administrative Body of the trade union is being an Omani national (Art. 11).

 

Oman: Ministerial Decision No. 32/2012 Setting the Minimum Limit for the Periodical Raise and the Procedures and Conditions for its Payment

image_pdfimage_print
 

Title

 

 

Oman: Ministerial Decision No. 32/2012 Setting the Minimum Limit for the Periodical Raise and the Procedures and Conditions for its Payment

 

 

Date of adoption

 

30 January 2012
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

Said al Shahry Legal Training Centre, Official Journal Issue No. 960, p. 1.

 

Abstract

Keywords: Oman, Laws & Regulations, National & Foreign Labour

Without prejudice to any better benefit prescribed for a worker, the minimum periodical raise paid shall be no less than 3% of his basic salary to be dispensed from the 1st of January of every year (Art. 1).

Art. 2 lists the conditions that must be met for a worker to be granted the periodical raise:

  1. Working for at least six months with the employer
  2. Not receiving a weak assessment in the annual performance report.

 

Oman: Ministerial Decision No. 657/2011 Regulating Emergency Leave in Private Sector Establishments

image_pdfimage_print
 

Title

 

 

Oman: Ministerial Decision No. 657/2011 Regulating Emergency Leave in Private Sector Establishments

 

 

Date of adoption

 

31 December 2011
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

–   Said al Shahry Legal Training Centre, Official Journal Issue No. 956, p. 3.

 

Abstract

Keywords: Oman, Laws & Regulations, National & Foreign Labour, Labour Rights

A worker shall be entitled to fully-paid emergency leave for six days each year, in accordance with the following conditions (Art. 1):

  1. If his absence from work is for an unexpected reason beyond his control which could not be reported earlier to obtain a leave of absence.
  2. Emergency leave shall not exceed two days at a time.
  3. The worker must submit proof of the reason he had to miss work if possible.
  4. The employer must be informed of the emergency as soon as it occurs.

 

Oman: Ministerial Decision No. 656/2011 Regarding the Circumstances and Occasions in which Women May Work at Night and the Conditions for Employment

image_pdfimage_print
 

Title

 

 

Oman: Ministerial Decision No. 656/2011 Regarding the Circumstances and Occasions in which Women May Work at Night and the Conditions for Employment

 

 

Date of adoption

 

31 December 2011
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

–  Said al Shahry Legal Training Centre, Official Journal Issue No. 956, pp. 1-2.

 

Abstract

Keywords: Oman, Laws & Regulations, Work Conditions, Female Employment

Women may be employed during the period between 9pm and 6am in certain occasions, situations and businesses listed in Art. 1 of this decision. These include but are not exclusive to working for travel agencies, airports, airlines, hospitals, pharmacies, clinics, media outlets, hotels, restaurants, cafes, and security services. They also include situations in which work is required to prevent an accident or deal with its aftermath.

Women may be required to work till 10 pm in a number of businesses listed in Art. 2, including banks, shopping malls and retail outlets, lawyer and accountant offices, and educational and vocational institutions.

An employer who employs women in the aforementioned situations, circumstances and businesses shall ensure the following (Art. 3):

  1. Safe working conditions for these women including during transportation.
  2. Obtaining the proper permit from the competent authority.

 

Oman: Royal Decree No. 35/2003 Issuing the Labour Law

image_pdfimage_print
 

Title

 

 

Oman: Royal Decree No. 35/2003 Issuing the Labour Law

 

 

Date of adoption

 

26 April 2003
 

Entry into force

 

In effect
 

Text versions

English

Source:

Sultanate of Oman Ministry of Manpower, accessed: 15 October 2014,   http://www.manpower.gov.om/portal/en/pdf/toc_en.pdf

 

Abstract

Keywords: Oman, Laws & Regulations, National & Foreign Labour, Omanization, Sponsorship

In accordance with Art. 2 of this law, its provisions shall not be applicable to domestic servants working inside or outside houses such as drivers, maids, and cooks.

Art. 11 establishes the legal basis for setting Omanization quotas in different sectors through a Ministerial decision and requires the employer to ensure the equality of all workers when the nature and conditions of their work are similar.

Chapter II (Articles 18 – 20) contains provisions regarding the regulation of foreigners’ work.

Art. 18 lists the conditions that must be met by an employer before he is permitted to hire a non-Omani worker.

Art. 18 Bis lists the prohibitions imposed on an employer including not allowing a non-Omani worker authorized to work for him, seek employment with another employer or employ a worker who is residing illegally in the Sultanate.

Art. 20 relates to licenses that must be obtained by recruitment agencies before they are allowed to practice the activity of providing foreign workers. This provision further prohibits both the employer and the licensed foreign workers provider from charging the worker any sums of money in exchange for offering him employment.

In accordance with Art. 56, the employer is required to repatriate a non-Omani worker to his country upon termination of the work relationship with him unless the sponsorship of such worker is transferred to another employer. It the employer declines to do so, the relevant directorate shall repatriate the worker at the expense of the Government and revert to the employer for recovery of the amount paid.

 

Oman: Civil Status Law

image_pdfimage_print
 

Title

 

 

Oman: Civil Status Law

 

 

Date of adoption

 

06 May 2013
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

Sultanate of Oman Royal Oman Police, accessed: 12 October 2014,  http://www.rop.gov.om/english/roplaws.asp

 

Abstract

Keywords: Oman, Laws & Regulations, Residence Conditions

Chapter VI of this law deals with Residence Cards.

In accordance with Art. 46, every person whose residence has expired for any person shall return his residence card within thirty days of the expiry of his residence permit.

Chapter X lists the penalties for violating specific articles of this law.

 

Oman: Foreigners’ Residence Law

image_pdfimage_print
 

Title

 

 

Oman: Foreigners’ Residence Law

 

 

Date of adoption

 

1995
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

Sultanate of Oman Royal Oman Police, accessed: 12 October 2014, http://www.rop.gov.om/english/roplaws.asp

 

Abstract

 

Keywords: Oman, Laws & Regulations, Visas & Fees, Residence Conditions, Sponsorship, Irregular Migration

This law regulates residence of foreigners in Oman. Foreigners are defined as those who do not hold Omani citizenship (Art. 2).

This law does not apply to certain categories listed in Art. 4, including citizens of the Gulf Cooperation Council (GCC).

Entry into and exit from Oman is only permitted for foreigners holding a valid passport or travel document issued by the appropriate authorities in his country. The foreigner must also have a valid entry visa issued by the competent Omani authority, embassy or consulate (Art. 5).

An entry visa may not be issued to foreigners belonging to any of the following categories without first referring to the competent authorities (Art. 9):

  1. Individuals whose names are on the unwanted list.
  2. Those entering Oman for work.
  3. Individuals with transit visas.
  4. Other categories as defined by the Inspector General.

An entry visa may only be stamped on the passport or travel document if they are valid for more than ninety days and in any case the visa shall expire 30 days before the expiry of either one of them (Art. 10).

In accordance with Art. 11, a foreigner may not be issued a work entry visa if he has previously worked in the Sultanate until two years have lapsed since his last departure. The Inspector General may waive this period if it is in the public interest.

Every foreigner entering the Sultanate must present himself to the competent authority within seven days of his entry for visitors and within thirty days for residents in order to register his residence (Art. 12).

Chapter V of this law deals with the residence of foreigners.

In accordance with Art. 14, the Inspector General shall specify the types of residence for foreigners and the duration, conditions and renewal procedures for each type. Granting a visa to a married foreigner entails granting it to his/ her spouse and children under the age of twenty-one as well. The residence duration shall not exceed two years and may be renewed by submitting a request for renewal fifteen days before its expiry. The request for residence or its renewal may be denied without giving any reasons as to why.

Every foreigner who remains in the country for more than three months shall obtain a residence permit, which shall only be issued to persons already residing in the country (Art. 15).

The residence permit confers the right of entering the Sultanate for its holder for the duration of its validity as long as it is stamped on the passport (Art. 16).

The residence permit for a foreigner who has entered the Sultanate shall be issued through his sponsor. The sponsor shall submit to the competent authority a sponsored exit request two weeks prior to the expiry of the residence, in case of its non-renewal or cancellation (Art. 17).

A foreigner shall lose his right to residence if he resided outside the Sultanate without a valid reason for six continuous months or eight non-continuous months in a year or for eighteen months within a three-year period. This shall not apply to his dependents so long as his residence is valid (Art. 18).

The residence of an Omani man’s foreigner wife shall end with the dissolution of the marriage upon which she is required to leave the country unless she can give valid reasons for her stay acceptable to the competent authority. In that case, she must obtain a new sponsor for her residence. If both spouses are foreigners then the residence of the spouse whose residence is dependent on the other spouse, shall end with the dissolution of their marriage (Art. 19).

The transfer of foreigner’s residence shall take place in accordance with the procedures and conditions specified by the Inspector General. The transfer of the foreigner’s sponsorship to another sponsor shall entail the transfer of his residing dependents directly to that sponsor (Art. 20).

Chapter VI sets the terms for transit visas while Chapter VII deals with political asylum.

In accordance with Art. 29, a foreigner who has entered the country illegally shall be deported at his own expense or the expense of those who facilitated his entry or employed him. Without prejudice to the terms of article 11 of this law, this foreigner may re-enter the country if he meets the conditions of article 5 (Art. 29).

A foreigner shall be deported if he is sentenced to deportation for committing a crime or felony after serving any other penalty he has been sentenced to (Art. 30).

Art. 31 lists the cases in which the Inspector General may order the cancellation of a foreigner’s residence. The cancellation shall extend to his spouse and any children he is supporting.

A foreigner who has been issued a deportation order may remain in the country for one month, renewable once, to settle his affairs after offering a personal guarantee (Art. 33).

A foreigner who has been deported may not be issued another entry visa until two years have lapsed and with a special permission from the Inspector General (Art. 34).

Any foreigner who has been deported from the country shall be included on the list of unwanted persons (Art. 35).

In accordance with Art. 40, the Inspector General shall issue a decision which specifies the fees for entry visas. Residence permits and transit visas. The highest fee that may be imposed shall be 50 Riyals.

Chapter X of this law lists all the penalties for violating the articles of this law.

 

Oman: Foreigners’ Residence Law

image_pdfimage_print
 

Title

 

 

Oman: Foreigners’ Residence Law

 

 

Date of adoption

 

1995
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

Sultanate of Oman Royal Oman Police, accessed: 12 October 2014http://www.rop.gov.om/english/roplaws.asp

 

Abstract

Keywords: Oman, Laws & Regulations, Visas & Fees

This law regulates residence of foreigners in Oman. Foreigners are defined as those who do not hold Omani citizenship (Art. 2).

This law does not apply to certain categories listed in Art. 4, including citizens of the Gulf Cooperation Council (GCC).

Entry into and exit from Oman is only permitted for foreigners holding a valid passport or travel document issued by the appropriate authorities in his country. The foreigner must also have a valid entry visa issued by the competent Omani authority, embassy or consulate (Art. 5).

An entry visa may not be issued to foreigners belonging to any of the following categories without first referring to the competent authorities (Art. 9):

  1. Individuals whose names are on the unwanted list.
  2. Those entering Oman for work.
  3. Individuals with transit visas.
  4. Other categories as defined by the Inspector General.

An entry visa may only be stamped on the passport or travel document if they are valid for more than ninety days and in any case the visa shall expire 30 days before the expiry of either one of them (Art. 10).

In accordance with Art. 11, a foreigner may not be issued a work entry visa if he has previously worked in the Sultanate until two years have lapsed since his last departure. The Inspector General may waive this period if it is in the public interest.

Every foreigner entering the Sultanate must present himself to the competent authority within seven days of his entry for visitors and within thirty days for residents in order to register his residence (Art. 12).

In accordance with Art. 29, a foreigner who has entered the country illegally shall be deported at his own expense or the expense of those who facilitated his entry or employed him. Without prejudice to the terms of article 11 of this law, this foreigner may re-enter the country if he meets the conditions of article 5 (Art. 29).

A foreigner shall be deported if he is sentenced to deportation for committing a crime or felony after serving any other penalty he has been sentenced to (Art. 30).

Art. 31 lists the cases in which the Inspector General may order the cancellation of a foreigner’s residence. The cancellation shall extend to his spouse and any children he is supporting.

A foreigner who has been issued a deportation order may remain in the country for one month, renewable once, to settle his affairs after offering a personal guarantee (Art. 33).

A foreigner who has been deported may not be issued another entry visa until two years have lapsed and with a special permission from the Inspector General (Art. 34).

Any foreigner who has been deported from the country shall be included on the list of unwanted persons (Art. 35).

In accordance with Art. 40, the Inspector General shall issue a decision which specifies the fees for entry visas. Residence permits and transit visas. The highest fee that may be imposed shall be 50 Riyals.

Chapter X of this law lists all the penalties for violating the articles of this law.

 

Oman: Foreigners’ Residence Law

image_pdfimage_print
 

Title

 

 

Oman: Foreigners’ Residence Law

 

 

Date of adoption

 

1995
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

–  Sultanate of Oman Royal Oman Police, accessed: 12 October 2014, http://www.rop.gov.om/english/roplaws.asp

 

Abstract

Keywords: Oman, Laws & Regulations, Residence Conditions, Sponsorship

This law regulates residence of foreigners in Oman. Foreigners are defined as those who do not hold Omani citizenship (Art. 2).

This law does not apply to certain categories listed in Art. 4, including citizens of the Gulf Cooperation Council (GCC).

Chapter V of this law deals with the residence of foreigners.

In accordance with Art. 14, the Inspector General shall specify the types of residence for foreigners and the duration, conditions and renewal procedures for each type. Granting a visa to a married foreigner entails granting it to his/ her spouse and children under the age of twenty-one as well. The residence duration shall not exceed two years and may be renewed by submitting a request for renewal fifteen days before its expiry. The request for residence or its renewal may be denied without giving any reasons as to why.

Every foreigner who remains in the country for more than three months shall obtain a residence permit, which shall only be issued to persons already residing in the country (Art. 15).

The residence permit confers the right of entering the Sultanate for its holder for the duration of its validity as long as it is stamped on the passport (Art. 16).

The residence permit for a foreigner who has entered the Sultanate shall be issued through his sponsor. The sponsor shall submit to the competent authority a sponsored exit request two weeks prior to the expiry of the residence, in case of its non-renewal or cancellation (Art. 17).

A foreigner shall lose his right to residence if he resided outside the Sultanate without a valid reason for six continuous months or eight non-continuous months in a year or for eighteen months within a three-year period. This shall not apply to his dependents so long as his residence is valid (Art. 18).

The residence of an Omani man’s foreigner wife shall end with the dissolution of the marriage upon which she is required to leave the country unless she can give valid reasons for her stay acceptable to the competent authority. In that case, she must obtain a new sponsor for her residence. If both spouses are foreigners then the residence of the spouse whose residence is dependent on the other spouse, shall end with the dissolution of their marriage (Art. 19).

The transfer of foreigner’s residence shall take place in accordance with the procedures and conditions specified by the Inspector General. The transfer of the foreigner’s sponsorship to another sponsor shall entail the transfer of his residing dependents directly to that sponsor (Art. 20).

 

Oman: Foreigners’ Residence Law

image_pdfimage_print
 

Title

 

 

Oman: Foreigners’ Residence Law

 

 

Date of adoption

 

1995
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

–  Sultanate of Oman Royal Oman Police, accessed: 12 October 2014, http://www.rop.gov.om/english/roplaws.asp

 

Abstract

Keywords: Oman, Laws & Regulations, Irregular Migration

This law regulates residence of foreigners in Oman. Foreigners are defined as those who do not hold Omani citizenship (Art. 2).

This law does not apply to certain categories listed in Art. 4, including citizens of the Gulf Cooperation Council (GCC).

In accordance with Art. 29, a foreigner who has entered the country illegally shall be deported at his own expense or the expense of those who facilitated his entry or employed him. Without prejudice to the terms of article 11 of this law, this foreigner may re-enter the country if he meets the conditions of article 5 (Art. 29).

A foreigner shall be deported if he is sentenced to deportation for committing a crime or felony after serving any other penalty he has been sentenced to (Art. 30).

Art. 31 lists the cases in which the Inspector General may order the cancellation of a foreigner’s residence. The cancellation shall extend to his spouse and any children he is supporting.

A foreigner who has been issued a deportation order may remain in the country for one month, renewable once, to settle his affairs after offering a personal guarantee (Art. 33).

A foreigner who has been deported may not be issued another entry visa until two years have lapsed and with a special permission from the Inspector General (Art. 34).

Any foreigner who has been deported from the country shall be included on the list of unwanted persons (Art. 35).

In accordance with Art. 40, the Inspector General shall issue a decision which specifies the fees for entry visas. Residence permits and transit visas. The highest fee that may be imposed shall be 50 Riyals.

Chapter X of this law lists all the penalties for violating the articles of this law.

 

Oman: Royal Decree No. 101/96 Promulgating the Basic Statute of the State

image_pdfimage_print
 

Title

 

 

Oman: Royal Decree No. 101/96 Promulgating the Basic Statute of the State

 

 

Date of adoption

 

 

06 November 1996

(Last amended: 19 October 2011)

 

 

Entry into force

 

In effect
 

Text versions

Arabic

English

Source:

World Intellectual Property Organization (WIPO), accessed: 05 October 2014, http://www.wipo.int/edocs/lexdocs/laws/ar/om/om016ar.pdf,
http://www.wipo.int/wipolex/en/details.jsp?id=11894

Abstract

Keywords: Oman, Laws & Regulations, Human Rights, Citizenship

Art. 15 stipulates that nationality is regulated by the Law and it is not permissible to denaturalize a person or revoke nationality except within the limits of the Law.

In accordance with Art. 16, It is not permissible to deport, exile, or prevent Citizens from returning to the Sultanate.

Art. 17 guarantees equality before the Law for citizens who shall share the same public rights and duties and shall not be discriminated against on the basis of gender, origin, colour, language, religion, sect, domicile, or social status.

The law guarantees the right to litigation, which is accorded to all people (Art. 25).

The law also guarantees a number of freedoms and rights including the freedom to practice religious rights (Art. 28), the freedom of opinion and expression (Art. 29) as well as many others.

Art. 35 relates solely to foreigners who are legally present in the Sultanate. They shall enjoy protection for themselves and their property in accordance with the law and are required to observe the values of the Society and respect the traditions and sentiments thereof.

The extradition of political refugees is prohibited. Laws and international treaties shall determine the rules for the extradition of criminals (Art. 36).

 

Oman: Royal Decree No. 101/96 Promulgating the Basic Statute of the State

image_pdfimage_print
 

Title

 

 

Oman: Royal Decree No. 101/96 Promulgating the Basic Statute of the State

 

 

Date of adoption

 

 

06 November 1996

(Last amended: 19 October 2011)

 

Entry into force

 

In effect
 

Text versions

Arabic

English

Source:

World Intellectual Property Organization (WIPO), accessed: 05 October 2014, http://www.wipo.int/edocs/lexdocs/laws/ar/om/om016ar.pdf,
http://www.wipo.int/wipolex/en/details.jsp?id=11894

 

Abstract

Keywords: Oman, Laws & Regulations, Human Rights

The law guarantees the right to litigation, which is accorded to all people (Art. 25).

The law also guarantees a number of freedoms and rights including the freedom to practice religious rights (Art. 28), the freedom of opinion and expression (Art. 29) as well as many others.

Art. 35 relates solely to foreigners who are legally present in the Sultanate. They shall enjoy protection for themselves and their property in accordance with the law and are required to observe the values of the Society and respect the traditions and sentiments thereof.

 

Oman: Royal Decree No. 101/96 Promulgating the Basic Statute of the State

image_pdfimage_print
 

Title

 

 

Oman: Royal Decree No. 101/96 Promulgating the Basic Statute of the State

 

 

Date of adoption

 

 

06 November 1996

(Last amended: 19 October 2011)

 

Entry into force

 

In effect
 

Text versions

Arabic

English

Source:

–  World Intellectual Property Organization (WIPO), accessed: 05 October 2014, http://www.wipo.int/edocs/lexdocs/laws/ar/om/om016ar.pdf,
http://www.wipo.int/wipolex/en/details.jsp?id=11894

 

 

Abstract

Keywords: Oman, Laws & Regulations, Citizenship

Art. 15 stipulates that nationality is regulated by the Law and it is not permissible to denaturalize a person or revoke nationality except within the limits of the Law.

In accordance with Art. 16, It is not permissible to deport, exile, or prevent Citizens from returning to the Sultanate.

Art. 17 guarantees equality before the Law for citizens who shall share the same public rights and duties and shall not be discriminated against on the basis of gender, origin, colour, language, religion, sect, domicile, or social status.

The extradition of political refugees is prohibited. Laws and international treaties shall determine the rules for the extradition of criminals (Art. 36).

 

Bahrain: Decision No. 3 of 2014 Regarding the Regulation of Licenses Granted to Manpower Supply Agencies

image_pdfimage_print
 

Title

 

 

Decision No. 3 of 2014 Regarding the Regulation of Licenses Granted to Manpower Supply Agencies

 

 

Date of adoption

 

05 March 2014
 

Entry into force

 

14 March 2014
 

Text versions

Arabic

Source:

Official Journal Issue No. 3147 (13 March 2014), pp. 35 – 39, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 10 September 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLMKT0314.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Foreign Labour, Labour Market

Art. 2 lists the conditions for granting a manpower supply agency license to an applicant, which include but not limited to, being a Bahraini citizen and committing to provide adequate accommodation to these workers in accordance with their number and sex and the applicable laws.

Art. 5 lists the commitments of a person licensed to establish a manpower supply office.

The licensee must deposit the sum of 200 BD for every work permit issued to him as a guarantee, in addition to the work permit fee paid to the Labour Market Regulatory Authority (LMRA) (Art. 6).

Art. 8 lists the conditions under which a license may be cancelled.

 

Bahrain: Decision No. 1 of 2014 Regarding the Regulation of Recruitment Offices’ Licenses

image_pdfimage_print
 

Title

 

 

Decision No. 1 of 2014 Regarding the Regulation of Recruitment Offices’ Licenses

 

Date of adoption

 

09 January 2014
 

Entry into force

 

24 January 2014
 

Text versions

Arabic

Source:

–  Official Journal Issue No. 3140 (23 January 2014), pp. 31 – 35, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 10 September 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RBLMKT0114.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Recruitment

Art. 2 lists the conditions for granting a recruitment office license to an applicant, which include being a Bahraini citizen.

Art. 5 lists the commitments of a person licensed to establish a recruitment office.

In accordance with Art. 6, a licensed person who facilitates the conclusion of a work contract between domestic workers and employers must provide adequate temporary accommodation with proper facilities and a female supervisor until they move to the accommodation allocated to them by their new employer.

Art. 8 lists the conditions under which a license may be cancelled.

 

Bahrain: Decision No. 15 of 2011 Amending Paragraph A of Article 25 of Law No. 19 of 2006 Regulating the Labour Market

image_pdfimage_print
 

Title

 

 

Decision No. 15 of 2011 Amending Paragraph A of Article 25 of Law No. 19 of 2006 Regulating the Labour Market

 

 

Date of adoption

 

16 June 2011
 

Entry into force

 

23 July 2011
 

Text versions

Arabic

Source:

Official Journal Issue No. 3005 (23 June 2011), p. 5, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 10 September 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/K1511.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Foreign Labour, Employer, Sponsorship

The following shall be added to paragraph a of article 25 of Law No. 19 of 2006 Regulating the Labour Market: “on the condition that the foreign worker has spent at least one year at his current job”. This shall be added after the phrase: “or the provisions of the employment contract concluded between the two parties” (Art. 1).

 

Bahrain: Decision No. 73 of 2007 Regarding the Conditions for Accepting Electronic Applications by the Labour Market Regulatory Authority (LMRA)

image_pdfimage_print
 

Title

 

 

Decision No. 73 of 2007 Regarding the Conditions for Accepting Electronic Applications by the Labour Market Regulatory Authority (LMRA)

 

 

Date of adoption

 

1 November 2007
 

Entry into force

 

23 November 2007
 

Text versions

Arabic

Source:

Official Journal Issue No. 2818 (22 November 2007), pp. 21 – 22, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 10 September 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLAB7307.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Employer, Government, Foreign Labour

Art. 3 lists the applications that may be accepted by the LMRA electronically which include the foreign worker’s application to transfer to another employer.

 

Bahrain: Decision No. 75 of 2008 Regarding the Rules and Procedures for Conciliation in Cases of Violation of the Law Regulating the Labour Market

image_pdfimage_print
 

Title

 

 

Decision No. 75 of 2008 Regarding the Rules and Procedures for Conciliation in Cases of Violation of the Law Regulating the Labour Market

 

Date of adoption

 

15 April 2008
 

Entry into force

 

9 May 2008
 

Text versions

Arabic

Source:

Official Journal Issue No. 2842 (8 May 2008), pp. 14 – 15, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 10 September 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLMKT7508.pdf

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Employer

Except for cases of repeated offence, it is possible to reach a settlement for the crime of hiring a foreign worker by an employer who has not issued a work permit for said worker or for the crime of hiring a worker in violation of the provisions of the law regulating the labour market or the conditions of the work permit (Art. 2).

The stipulated settlement fine shall be paid in cash or by certified check or credit card with the possibility of payment in installments (Art. 4).

 

Bahrain: Decision No. 76 of 2008 Regulating Work Permits for Foreign Workers Excluding the Category of Domestic Workers

image_pdfimage_print
 

Title

 

 

Decision No. 76 of 2008 Regulating Work Permits for Foreign Workers Excluding the Category of Domestic Workers

 

Date of adoption

 

18 May 2008
Entry into force

 

1 July 2008
 

Text versions

Arabic

Source:

Official Journal Issue No. 2845 (29 May 2008), pp. 20 -25, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 26 June 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLMKT7608.pdf

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Legal Document, Foreign Labour, Duration Stay

Art. 1 of this decision lists the conditions that must be met in order to grant an employer permission to hire foreign workers.

Art. 7 lists the commitments of the employer who has been authorized to recruit a foreign worker.

Art. 8 lists the commitments of the foreign worker who has been issued a work permit which include:

  1. Not undertaking any work other than that stated in the work permit.
  2. Providing the Labour Market Regulatory Authority (LMRA) with his fingerprints, photo and signature within one month of entering the country for the first time.
  3. Not leaving work except in circumstances allowed for in the law, or without the permission or consent of his employer for a period of time that exceeds 15 continuous days.
  4. Not working for another employer.
  5. Only working at the workplace designated in the work permit or any of its branches that carry out the same activity.
  6. Notifying the LMRA and the employer of his intent to transfer to another employer within the timeframe stipulated by the decision on the procedure for transfer of a foreign worker to another employer.

The validity of the domestic worker’s work permit shall be for two years from the date of arrival, which may be renewed for a similar period of time within a period of 90 days before the work permit’s expiry date (Art. 10).

In accordance with Art. 12, the foreign worker is required to leave the country within 30 days of the expiry of his work permit unless an application has been submitted for renewing his work permit.

The work permit may be cancelled before its expiry date in the cases listed in paragraph b of article 26 of the law regulating the labour market (Art. 13 (a)).

The LMRA may grant temporary work permits valid for six months from the date of the foreign worker’s arrival in the Kingdom which may be renewed once only upon the request of the employer within 90 days of the expiry of the current work permit (Art. 15).

Temporary work permits are not subject to the regulations regarding Bahrainisation (Art. 18).

This decision repeals Decision No. 71 of 2007 regarding work permits for foreigners working in governmental bodies (Art. 20).

 

Bahrain: Decision No. 15 of 1976 Issuing the Implementing Regulation of Law No. 11 of 1975 Regarding Passports

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 15 of 1976 Issuing the Implementing Regulation of Law No. 11 of 1975 Regarding Passports

 

Date of adoption

 

 

2 June 1976

Last amended by Decision No. 15 of 1977 (12 March 1977)

 

Entry into force

 

10 June 1976
 

Text versions

Arabic

 

Source:

–  Official Journal Issue No. 1179 (10 June 1976), pp. 9 – 19, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 17 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RINT1576.pdf

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Citizenship

In accordance with Art. 14, a wife may not be given an independent passport or added to her husband’s passport without his written approval. The same is applicable to underage children.

The Bahraini passport shall be withdrawn from anyone who has obtained it without being entitled to it (Art. 18).

Transit tickets or travel documents shall be issued to non-Bahrainis in the cases mentioned in article 3 of the law and are valid for two years without being renewable (Art. 33).

Any person issued a transit ticket or travel document in accordance with article 33, must obtain an entry, exit or return visa subject to the same rules applicable to a foreign resident who holds a non-Bahraini passport (Art. 34).

Art. 40 lists the fees for various services offered by the Immigration and Passports Administration including renewal of passport, issuing a travel document for Gulf Countries, …etc.

 

Bahrain: Decision No. 15 of 1976 Issuing the Implementing Regulation of Law No. 11 of 1975 Regarding Passports

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 15 of 1976 Issuing the Implementing Regulation of Law No. 11 of 1975 Regarding Passports

 

 

Date of adoption

 

2 June 1976
 

Entry into force

 

10 June 1976
 

Text versions

Arabic

Source:

Official Journal Issue No. 1179 (10 June 1976), pp. 9 – 19, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 17 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RINT1576.pdf

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Visas & Fees

Art. 40 lists the fees for different types of visas including 72-hour entry visa (2 BD), one time return visa (2.5 BD), multiple return visa (10 BD), transit visa (1 BD) and exit fee (0.5 BD).

Visa fees are waived for foreign passports in a number of cases including regular visas for foreign passport holders whose country offers reciprocal treatment to Bahrainis and visas granted to foreigners employed by the Government of Bahrain and their families among others (Art. 42).

The visa fees imposed on holders of foreign passports shall be reduced in half for students enrolled in schools, colleges and universities, group tourists, and fathers and brothers of foreigners employed by the Government of Bahrain (Art. 43).

 

Bahrain: Decision No. 4 of 2014 Regulating the Permits of Domestic Workers and Similar Positions

image_pdfimage_print
 Title

 

Decision No. 4 of 2014 Regulating the Permits of Domestic Workers and Similar Positions

 

 Date of adoption

 

16 April 2014
 Entry into force

 

25 April 2014
 Text versions Arabic

Source:

Official Journal Issue No. 3153 (24 April 2014), pp. 9 -13, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 26 June 2014, http://www.legalaffairs.gov.bh/LegislationSearchDetails.aspx?id=70767#.U6vdEy-EBpE

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Domestic WorkersArt. 2 defines the term domestic workers which encompasses gardeners, security guards, nannies, drivers, and chefs.

Art. 3 lists the conditions that must be met for obtaining a work permit for a domestic worker:

  1. A Bahraini employer or his family must reside in the Kingdom. The non-Bahraini employer’s application is decided upon at the discretion of the Labour Market Regulatory Authority (LMRA).
  2. Proof of income
  3. Payment of relevant fees to the LMRA
  4. Verifying that the employer has never violated the rights of a domestic worker or abused him or her.
  5. The existence of a proven need for a domestic worker, taking into consideration the family’s income, size, health and size of their home.
  6. The employer should not have any prior convictions for abusing a worker.
  7. Verifying that neither the worker nor the employer has ever violated the essential commitments under the law and implementing regulations.
  8. The worker must be physically fit and clear from any infectious diseases.
  9. The worker should not have been previously deported for criminals reasons or violating the law or any of its implementing regulations.

Art. 7 lists the commitments of the employer and Art. 8 lists the commitments of the domestic worker.

In accordance with Art. 9, the work permit shall be cancelled within 5 days upon the request of the employer or upon receiving a notification from him of the departure of the worker in violation of the conditions of the work permit.

The validity of the domestic worker’s work permit shall be for two years from the date of arrival, which may be renewed for a similar period of time.

 

Bahrain: Decision No. 2 of 2014 Regulating the Permits for the Professional Activities of Expatriate Business Owners

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 2 of 2014 Regulating the Permits for the Professional Activities of Expatriate Business Owners

 

Date of adoption

 

9 January 2014
 

Entry into force

 

24 January 2014
 

Text versions

Arabic

Source:

Official Journal Issue No. 3140 (23 January 2014), pp. 36 – 40, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 01 September 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RBLMKT0214.pdf

 

 

Abstract

 

Keywords: Bahrain, Laws & Regulations, Foreign Nationals

Expatriate business owners are not permitted to conduct any professional activities without obtaining the relevant permit in accordance with terms and conditions of this decision (Art. 2).

Art. 3 lists the conditions for granting a foreign business owner a permit to conduct professional activity which include payment of fees to the Labour Market Regulatory Authority (LMRA); physical fitness and absence of infectious diseases; having medical insurance for himself and members of his family; having never been deported from the Kingdom for criminal reasons or violating the law regulating the labour market or one of its implementing regulations; verifying that the foreign business owner has not violated of any of the essential commitments as defined by the law regulating the labour market or any of its implementing regulations; payment of any penalties imposed under the law regulating the labour market; and verifying that the foreign business owner has not conducted any activity he is authorized to carry out in a manner which violates the law.

Art. 6 lists the commitments of the foreign business owner who is authorized to conduct professional activity which include not working for any employer who is legally considered to be a foreign worker; conducting only the professional activity he is authorized to; providing the LMRA with his fingerprints and photo within 30 days of entering the Kingdom; payment of permit fees; informing the LMRA of any changes in his personal data; informing the LMRA as soon as any of the conditions, on the basis of which the permit was granted, is no longer applicable; and informing the LMRA once his activity has been liquidated or his permit has been cancelled.

The permit is valid for two years from the date of the foreign business owner’s arrival in the Kingdom or from the date of the permit’s issue if he is already residing in the Kingdom. The permit may be renewed more than once for a similar period of time in accordance with the rules set out in this decision so long as the request is submitted within 180 days from the date of expiry of the permit (Art. 7).

The permit is invalidated if the foreign business owner does not enter the country within six months of its issuance (Art. 8).

The foreign business owner must leave the country within 30 days of the permit’s expiry unless it has been renewed (Art. 11).

 

Bahrain: Decision No. 67 of 2013 Amending First Article of Decision No. 26 of 2008 Regarding the Fees Imposed on Employers for Work Permits, Renewals and Residence Permits for the Dependents of Foreign Workers and Foreign Employers

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 67 of 2013 Amending First Article of Decision No. 26 of 2008 Regarding the Fees Imposed on Employers for Work Permits, Renewals and Residence Permits for the Dependents of Foreign Workers and Foreign Employers

 

 

Date of adoption

 

08 October 2013
 

Entry into force

 

01 September 2013
 

Text versions

Arabic

Source:

Official Journal Issue No. 3125 (10 October 2013), p. 5, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 01 September 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RCAB6713.pdf

 

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Foreign Labour, Family Reunification

The following text shall be added to the end of article 1 of Decision No. 26 of 2008 regarding the fees imposed on employers for work permits, renewals and residence permits for the dependents of foreign workers and foreign employers:

“ A reduced fee of five BD per month shall be charged for the first five workers.”

 

Bahrain: Decision No. 67 of 2013 Amending First Article of Decision No. 26 of 2008 Regarding the Fees Imposed on Employers for Work Permits, Renewals and Residence Permits for the Dependents of Foreign Workers and Foreign Employers

image_pdfimage_print
 Title

 

Bahrain: Decision No. 67 of 2013 Amending First Article of Decision No. 26 of 2008 Regarding the Fees Imposed on Employers for Work Permits, Renewals and Residence Permits for the Dependents of Foreign Workers and Foreign Employers

 

 Date of adoption

 

08 October 2013
 Entry into force

 

01 September 2013
 Text versions ArabicSource:

–  Official Journal Issue No. 3125 (10 October 2013), p. 5, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 01 September 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RCAB6713.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Foreign Labour, Family ReunificationThe following text shall be added to the end of article 1 of Decision No. 26 of 2008 regarding the fees imposed on employers for work permits, renewals and residence permits for the dependents of foreign workers and foreign employers:

“ A reduced fee of five BD per month shall be charged for the first five workers.”

 

Bahrain: Decision No. 4 of 2013 Amending Certain Provision of Decision No. 76 of 2008 Regarding the Regulation of Work Permits for Foreign Workers Excluding the Category of Domestic Workers

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 4 of 2013 Amending Certain Provision of Decision No. 76 of 2008 Regarding the Regulation of Work Permits for Foreign Workers Excluding the Category of Domestic Workers

 

 

Date of adoption

 

31 July 2013
 

Entry into force

 

16 August 2013
 

Text versions

Arabic

Source:

Official Journal Issue No. 3117 (15 August 2013), pp. 38 – 39, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 01 September 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLMKT0413.pdf

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Labour Market, Duration Stay

The decision replaces the texts of articles 10 and 13 (b) of Decision No. 76 of 2008 regarding the regulation of work permits for foreign workers excluding the category of domestic workers.

In accordance with Art. 1, the new text of article 10 stipulates that the validity of the work permit shall be for two years from the foreign worker’s arrival in the Kingdom or the payment of its fee. Upon the request of the employer, the work permit may be valid for one year only with payment of half of the stipulated fee. The Labour Market Regulatory Authority (LMRA) may authorize the renewal of the work permit for six months only with payment of a quarter of the stipulated fee, upon the request of the employer. In all cases, the work permit may be renewed upon the request of the employer several times as long as this is done within 180 days prior to the work permit’s expiry.

The new text of article 13 (b) relates to the LMRA’s cancellation of the work permit. In such a case, the LMRA is required to notify the employer of its intention to cancel the work permit and the reasons for it. It must also grant the employer two days to object to the decision.

 

Bahrain: Decision No. 2 of 2013 Regarding the Regulations and Conditions Concerning the Non-Applicability of the Provisions of the Law Regulating the Labour Market to Temporary Foreign Business

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 2 of 2013 Regarding the Regulations and Conditions Concerning the Non-Applicability of the Provisions of the Law Regulating the Labour Market to Temporary Foreign Business

 

Date of adoption

 

26 June 2013
 

Entry into force

 

19 July 2013
 

Text versions

Arabic

Source:

Official Journal Issue No. 3113 (18 July 2013), p. 12, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 01 September 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLMKT0213.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Foreign Labour, Labour Market

Foreigners who arrive in the Kingdom for the purpose of conducting temporary business are not subject to the law regulating the labour market if the following regulations and conditions are met (Art. 1):

  1. The work being carried out on behalf of the employer by the foreigner is incidental and temporary in nature such as setting up markets, exhibitions, … and other activities of this nature.
  2. The duration of the work performed by foreigners on behalf of the employer does not exceed 15 days from the day of its commencement.
  3. The employer obtains the required permits and approvals for performing these activities.

 

Bahrain: Decision No. 79 of 2009 Regarding the Procedures for Transfer of a Foreign Worker to Another Employer

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 79 of 2009 Regarding the Procedures for Transfer of a Foreign Worker to Another Employer


Date of adoption

 

16 April 2009
 

Entry into force

 

 30 July 2009
 

Text versions

Arabic

Source:

Official Journal Issue No. 2893 (30 April 2009), pp. 92 – 94, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 01 September 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLMKT7909.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Labour Migration, Sponsorship

Without prejudice to paragraph (b) of article 25 of Law No. 19 of 2006, a foreign worker has the right to transfer employment to a new employer without the approval of the original employer taking into consideration the rights of the latter as stipulated in the law or the work contract (Art. 2).

Should the worker wish to transfer employment before the end or cancellation of the work permit, he must notify the employer through registered mail in accordance with the conditions set in the employment contract, which may not exceed three months prior to the transfer (Art. 3).

In accordance with Art. 7, a worker who wishes to transfer after the expiry or cancellation of his work permit by the employer, must notify the Labour Market Regulatory Authority (LMRA) 30 days prior to expiry or within 5 working days of the cancellation. The notification may be done electronically and the worker shall be granted 30 days to transfer. During this period, he may not work.

The worker shall not have the right to transfer in any of the cases listed in paragraph (b) of article 25 of Law No. 19 of 2006 (Art. 8).

 

Bahrain: Decision No. 77 of 2008 Regarding the Commitments of Employers Whose Foreign Workers Leave Employment in Violation of the Terms of the Work Permit

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 77 of 2008 Regarding the Commitments of Employers Whose Foreign Workers Leave Employment in Violation of the Terms of the Work Permit

 

Date of adoption

 

18 May 2008
 

Entry into force

 

30 May 2008
 

Text versions

Arabic

Source:

Official Journal Issue No. 2845 (29 May 2008), p. 26, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 01 September 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLMKT7708.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Labour Migration

The employer is required to notify the Labour Market Regulatory Authority (LMRA) if a foreign worker leaves his employment in violation of the terms of the work permit (Art. 1).

The work permit shall be cancelled after verifying that he has left his employment in violation of the terms of the work permit within 30 days of receiving notification from the employer (Art. 2).

In accordance with Art. 3, the cancellation may not be effected without the employer committing to bearing the cost of repatriating the foreign worker.

 

Bahrain: Decision No. 28 of 2008 Regarding Reimbursing Work Permit Fees and Lowering Fees for Profession Change

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 28 of 2008 Regarding Reimbursing Work Permit Fees and Lowering Fees for Profession Change

 

 

Date of adoption

 

25 June 2008
 

Entry into force

 

01 July 2008
 

Text versions

Arabic

Source:

Official Journal Issue No. 2849 (26 June 2008), p. 67, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 01 September 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RCAB2808.pdf

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Labour Migration, Visas & Fees

 

In accordance with Art. 1, should the Labour Market Regulatory Authority (LMRA) decide to cancel the work permit before the arrival of the foreign worker to the Kingdom, the fees shall be reimbursed. Moreover, in cases of transfer to another employer, the fees for the remaining months of the work permit validity shall be reimbursed

The fee for requesting a change of the foreign worker’s profession shall be reduced to 10 BD (Art. 2).

A penalty of 2 BD for every month shall be imposed on employers who fail to pay the monthly fee for a work permit issued to a foreign worker (Art. 3).

 

Bahrain: Decision No. 122 of 2007 Regarding the Rules and Procedures for Deporting or Transporting the Body of a Foreign Worker

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 122 of 2007 Regarding the Rules and Procedures for Deporting or Transporting the Body of a Foreign Worker

 

 

Date of adoption

 

12 November 2007
 

Entry into force

 

23 November 2007
 

Text versions

Arabic

Source:

Official Journal Issue No. 2818 (22 November 2007), pp. 19 – 20, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 4 August 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RINT12207.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Foreign Labour, Labour Rights

The procedure for deporting of a foreign worker shall be initiated in any of the following cases (Art. 1):

  1. If a final judgment or decision is rendered by the responsible authorities to deport him
  2. The expiry or cancellation of his work permit, without prejudice to article 25 of Law No. 19 of 2006 Regarding the Regulation of the Labour Market.

The name and data of a deported foreign worker shall be added to the database, indicating whether the deportation is final or for a limited period of time and the reason for it (Art. 3).

The Labour Market Regulatory Authority shall bear the expenses of deporting or transporting the body of a foreign worker while retaining its right to reclaim the expenses from the employer (Art. 4).

Members of the General Security Forces may use force if necessary to effect the deportation procedures as long as force is the only means available to achieving it (Art. 5).

 

Bahrain: Decision No. 121 of 2007 Regarding the Entry Visa and Residence Permit of Dependents of Foreign Workers and Business Owners

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 121 of 2007 Regarding the Entry Visa and Residence Permit of Dependents of Foreign Workers and Business Owners

 

 

Date of adoption

 

12 November 2007
 

Entry into force

 

23 November 2007
 

Text versions

Arabic

Source:

 – Official Journal Issue No. 2818 (22 November 2007), pp. 17 – 18, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 4 August 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RINT12107.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Residence Conditions, Family Reunification

An entry visa and a residence permit (non-employment) may be granted to the dependents (spouse and minor children) of a foreign worker or business owner. Adult children above the age of 18 may be granted an entry visa and a residence permit if they are studying in the Kingdom (Art. 2).

The following conditions must be met in order to issue an entry visa and a residence permit for dependents of foreign workers and business owners (Art. 3):

  1. The foreign worker or business owner must have a work permit
  2. The work permit must be valid for at least three more months at the time of application
  3. The monthly income of the foreigner is no less than 250 Bahraini Dinars.
  4. The work permit must not be temporary.

The validity of the dependents’ residence permit shall not exceed the foreign worker or business owner’s work permit. It may be renewed if the work permit is renewed and the relevant fees are paid. Dependents may be given multiple return visas for the duration of their residence (Art. 5).

Dependents granted residence permits in accordance with this decision may not engage in work whether in the private or the public sector unless they obtain the proper permits and changing their residence permits in accordance with their new status (Art. 6).

Art. 7 lists the cases in which a dependent’s residence permit may be revoked.

 

Bahrain: Decision No. 71 of 2007 Regarding Work Permits for Foreigners Working for Government Bodies

image_pdfimage_print
 Title

 

Bahrain: Decision No. 71 of 2007 Regarding Work Permits for Foreigners Working for Government Bodies

 

 Date of adoption

 

16 April 2007
 Entry into force

 

3 August 2007
 Text versions ArabicSource:

Official Journal Issue No. 2802 (2 August 2007), pp. 11 – 12, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 4 August 2014,  http://www.legalaffairs.gov.bh/Media/LegalPDF/RLMKT7107.pdf

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Foreign LabourArt. 2 sets the conditions for issuing a work permit to an employer for a foreign worker. These include payment of all relevant fees by the employer, physical fitness of the worker, and finally the worker must not have been previously deported from the country for criminal or security reasons or for violation of applicable laws, rules and regulations (Art. 2).

If the foreign worker is not brought to the country within ninety days of the issuance of the work permit, it shall be null and void (Art. 5).

The employer must notify the Labour Market Regulatory Authority should the profession of the worker is changed (Art. 6).

The work permit is valid for a period of two years from the date of arrival and may be renewed for a similar period before its expiration (Art. 7).

Bahrain: Decision No. 21 of 2001 Regarding the Regulation of Cases of Local Transfer of Employment for Some Categories of Foreign Workers

image_pdfimage_print
 Title

 

Bahrain: Decision No. 21 of 2001 Regarding the Regulation of Cases of Local Transfer of Employment for Some Categories of Foreign Workers

 

 Date of adoption

 

 25 June 2001

(Amended by: Decision No. 40 of 2002)

                       

 Entry into force

 

27 June 2001
 Text versions ArabicSource:

Official Journal Issue No 2483 (27 June 2001), pp. 45 – 47, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 4 August 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLSA2101.pdf

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Foreign Labour, SponsorshipIn accordance with Art. 1 of this decision, a foreign worker may be transferred to another employer who wishes to hire him with the original employer’s approval, and if the worker has no objection to the transfer.

The transfer may be effected without the approval of the original employer in a number of situations including: at the end of the worker’s contract, the job for which he was recruited or his residence period or the closure of the establishment for which he is working; if the employer fails to pay the worker’s wages for three consecutive months with no good reason; if the employer wants to correct the status of a foreign worker employed by him without a work permit after having escaped from his original employer without being reported (Art. 2).

This decision does not apply to domestic workers and those in similar positions (Art. 5).

Bahrain: Decision No. 40 of 2002 Amending Some Provisions of Decision No. 21 of 2001 Regarding the Regulation of Cases of Local Transfer of Employment for Some Categories of Foreign Workers

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 40 of 2002 Amending Some Provisions of Decision No. 21 of 2001 Regarding the Regulation of Cases of Local Transfer of Employment for Some Categories of Foreign Workers

 

 

Date of adoption

 

1 June 2002
 

Entry into force

 

5 June 2007
 

Text versions

Arabic

Source:

Official Journal Issue No. 2533 (5 June 2002), p. 35, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 4 August 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLSA4002.pdf

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Foreign Labour, Sponsorship

The text of article 2 of the original decision is replaced with the text of Art. 1 of this decision:

A foreign worker has the right to transfer to another employer if his contract or residence period expires (whichever comes first), or if the job for which he was recruited is completed or if the establishment for which he is working is closed for business.

A foreign worker may also transfer to another employer while his contract with his current employer is still valid, without the latter’s permission, as long as the following conditions are met:

  1. Notifying the current employer in writing and giving him the agreed upon notice period which may not exceed three months.
  2. The new employer shall bear the financial costs paid by the current employer which include: obtaining and renewing work permits, immigration and passports, and air tickets.
  3. The new employer must have the proper work permit in accordance with applicable procedures.
  4. The worker must not have any commitments to his current employer under the labour law in the private sector and its implementing regulations or any other law.

 

Bahrain: Decision No. 17 of 1976 Regarding the Terms and Conditions for Contracting with Foreign Labour Recruitment Agencies

image_pdfimage_print
 Title  Bahrain: Decision No. 17 of 1976 Regarding the Terms and Conditions for Contracting with Foreign Labour Recruitment Agencies 
 Date of adoption   12 August 1976(Amended by Decision No. 9 of 1977)
 Entry into force  15 August 1976
 Text versions ArabicSource:- Official Journal Issue No. 1188 (12 August 1976), p. 18, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 3 August 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLSA1776.pdf

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Foreign Labour, RecruitmentArt. 1 of this decision lists the terms and conditions according to which an employer may contract a recruitment agency to hire foreign labour on his behalf. The most important of which is the fourth term which requires the employer to conclude a written contract with the recruiter indicating the type of work to be undertaken by the foreign labourers and their wages, obligating the employer to abide by them. The contract must also include an indication of the length of time the services of the foreign labourers would be required and their countries of origin. The sixth condition forbids both the employer and recruiter from receiving any fee from a foreign worker in exchange for offering him employment. 

Bahrain: Decision No. 2 of 1994 Regarding the Formation of a Medical Committee to Determine the Physical Fitness of Foreign Workers

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 2 of 1994 Regarding the Formation of a Medical Committee to Determine the Physical Fitness of Foreign Workers

 

 

Date of adoption

 

16 February 1994
 

Entry into force

 

16 February 1994
 

Text versions

Arabic

Source:

Official Journal Issue No. 2099 (16 February 1994), p. 26, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 26 June 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RHEL0294.pdf

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Foreign Labour

The decision mandates the formation of a medical committee comprised of doctors employed by the Ministry of Health (Art. 1).

The Committee shall be responsible for verifying the physical fitness of foreign workers and the absence of any infectious diseases in accordance with the procedures outlined in Decision No. 11 of 1976 (Art. 2).

 

Bahrain: Decision No. 9 of 1977 Amending Some Provisions of Decision No. 17 of 1976 Regarding the Terms and Conditions for Contracting with Foreign Labour Recruitment Agencies

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 9 of 1977 Amending Some Provisions of Decision No. 17 of 1976 Regarding the Terms and Conditions for Contracting with Foreign Labour Recruitment Agencies

 

 

Date of adoption

 

9 May 1977
 

Entry into force

 

12 May 1977
 

Text versions

Arabic

Source:

–  Official Journal Issue No. 1227 (12 May 1977), pp. 12 -13, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 4 August 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLSA0977.pdf

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Foreign Labour, Recruitment

Article 1 of the original decision, which lists the terms and conditions for contracting with foreign labour recruitment agencies, is replaced by Art. 1 of this decision. The new text also includes a provision (no. 4) requiring the employer to conclude a written contract with the recruitment agency, indicating the type of work to be undertaken by the foreign labourers and their wages and obligating the employer to abide by them. The contract must also include an indication of the length of time the services of the foreign labourers would be required and their countries of origin. The sixth condition forbids both the employer and recruiter from receiving any fee from a foreign worker in exchange for offering him employment.

 

Bahrain: Decision No. 9 of 2007 Regarding Proving the Physical Fitness of Foreign Workers

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 9 of 2007 Regarding Proving the Physical Fitness of Foreign Workers

 

 

Date of adoption

 

2 September 2007
 

Entry into force

 

14 September 2007
 

Text versions

Arabic

Source:

Official Journal Issue No. 2808 (13 September 2007), pp. 14 – 15, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 4 August 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RHEL0907.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Foreign Labour

Employers licensed to hire foreign workers must ensure that they are seen by the Medical Committee within thirty days of arriving in the Kingdom (Art. 2).

The Medical Committee is responsible for signing the foreign worker’s medical report in order to verify his physical fitness, issuing a certificate in this regard and notifying the Regulatory Labour Market Authority of the result (Art. 3).

The Medical Committee shall notify the Authority within 24 hours of signing the medical report of a foreign worker, if he is found to be unfit for work or has an infectious disease (Art. 4).

 

Bahrain: Decision No. 8 of 1977 Regarding the Implementation of Social Allowance to Locally Contracted Foreigners

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 8 of 1977 Regarding the Implementation of Social Allowance to Locally Contracted Foreigners

 

 

Date of adoption

 

20 July 1977
 

Entry into force

 

1 July 1977
 

Text versions

Arabic

Source:

Official Journal Issue No. 1239 (4 August 1977), p. 3, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 3 August 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RCAF0877.pdf

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Foreign Labour

In accordance with Art. 1 of this decision, locally contracted foreign employees shall be granted the same social allowance as Bahraini employees.

The social allowance shall be determined in accordance with the table annexed to the announcement made on 14 March 1976 (No. 656/76).

 

Bahrain: Decision No. 25 of 1976 Regarding Compensation for Work Injuries

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 25 of 1976 Regarding Compensation for Work Injuries

 

 

Date of adoption

 

12 August 1976
 

Entry into force

 

15 August 1976
 

Text versions

Arabic

Source:

Official Journal Issue No. 1188 (12 August 1976), pp. 35 – 39), Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 3 August 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLSA2576.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Employment, Labour Rights, Work Conditions

The basis for this decision is article 128 of the Labour Law for the Private Sector issued by Law No. 23 of 1976, which was repealed by the new Labour Law No. 36 of 2012.

In accordance with this decision, a worker or his relatives (in the case of death) are entitled to compensation for any work-related injury that leads to death or permanent partial or total disability. The amount of compensation is detailed in the annexed table (Art. 1).

The compensation for death or permanent total disability shall amount to 75% of the worker’s wages for four years. The compensation for permanent partial disability shall be determined on the basis of the percentage of disability multiplied by the amount calculated for permanent total disability as stipulated in the previous paragraph (Art. 2).

 

Bahrain: Decision No. 24 of 1976 Regarding the Use of Penalty Money Collected from Workers

image_pdfimage_print
 

Title

 

 

Bahrain: Decision No. 24 of 1976 Regarding the Use of Penalty Money Collected from Workers

 

 

Date of adoption

 

12 August 1976
 

Entry into force

 

15 August 1976
 

Text versions

Arabic

Source:

–  Official Journal Issue No. 1188 (12 August 1976), pp. 33 – 34), Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 3 August 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLSA2476.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Employment, Labour Rights, Work Conditions

The Ministry of Labour & Social Affairs has issued the following decision to regulate the use of penalty fees collected by employers from workers. The decision requires every establishment employing ten or more workers to set up a committee comprised of a representative of the employer (as Head of the Committee) and representatives of the employees (as Members of the Committee). In addition a representative of the Ministry of Labour and Social Affairs may be invited to preside over the Committee (Art. 1).

The Committee must convene at least once every year to determine how penalty money collected from employees shall be used. The Committee may decide to hold onto the money for the following year if the amount is insufficient to be used in any useful manner (Art. 4).

If the establishment is liquidated, the money shall be equally distributed to current employees (Art. 6).

 

Bahrain: Ministerial Decision No. 80 of 1989 Setting the Fees of Services Offered by the General Administration of Immigration and Passports

image_pdfimage_print
 

Title

 

 

Bahrain: Ministerial Decision No. 80 of 1989 Setting the Fees of Services Offered by the General Administration of Immigration and Passports

 

 

Date of adoption

 

20 December 1989
 

Entry into force

 

1 January 1990
 

Text versions

Arabic

Source:

Official Journal Issue No. 1882 (21 December 1989), pp. 18 – 19, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 30 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RINT8089.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Legal Document, National Population, Foreign Population

The table attached to this decision which lists the fees of services offered by the General Administration of Immigration and Passports replaces the table attached to Ministerial Decisions No. 14 of 1986 and No. 40 of 1986 (Art. 1).

These include the fees for issuing new passports, renewal of passports, identification certificates, exit papers, birth certificates and more.

 

Bahrain: Decision No. 2 of 1970

image_pdfimage_print
 

Title

 

Bahrain: Decision No. 2 of 1970
 

Date of adoption

 

5 March 1970
 

Entry into force

 

5 August 1970
Text versions Arabic

Source:

Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 3 August 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLSA0270.pdf

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Foreign Labour, Sponsorship

Every foreigner working or intending to work in Bahrain must obtain a work permit, either personally or through the establishment or company he plans on working for, from the Ministry of Labour and Social Affairs. He must also have a residence permit (Art. 1).

A foreigner with a work permit must also obtain a labour card from the Ministry of Labour and Social Affairs and must apply for renewal at least one month prior to its expiry (Art. 2).

The Ministry of Labour and Social Affairs is responsible for authorizing a foreigner’s change of profession (Art. 3).

Establishments and companies shall not hire a foreigner without obtaining a permit from the Ministry of Labour and Social Affairs (Art. 4). They are also required to inform the Ministry of the expiry of a worker’s contract or his resignation for any reason (Art. 7).

 

Bahrain: Law No. 9 of 2000 Amending Certain Provisions of Law No. 11 of 1975 Regarding Passports

image_pdfimage_print
 

Title

 

 

Bahrain: Law No. 9 of 2000 Amending Certain Provisions of Law No. 11 of 1975 Regarding Passports

 

 

Date of adoption

 

28 May 2000
 

Entry into force

 

31 May 2000
 

Text versions

Arabic

Source:

Official Journal Issue No. 2427 ( 31 May 2000), pp. 4 – 5, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 30 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/L0900.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Legal Document, National Population

The text of article 1 of the original law is replaced with the following: Bahraini citizens may not leave or return to the country unless they carry their passports, in accordance with this law. However, Bahrainis may leave the country and return to it using their personal identification cards if their destination is one of the Gulf Cooperation Council (GCC) countries (Art. 1).

In accordance with Art. 2, the following paragraph is added to article 5 of the law: An exception to paragraph one of this article, Bahrainis may leave and return to Bahrain if their destination is one of the GCC countries using their personal identification cards or their passports without a visa.

 

Bahrain: Law No. 11 of 1975 Regarding Passports

image_pdfimage_print
 

Title

 

Bahrain: Law No. 11 of 1975 Regarding Passports
 

Date of adoption

 

 

5 June 1975

(last amended: 20 September 2011)

 

 

Entry into force

 

5 June 1975
 

Text versions

Arabic

Source:

Official Journal Issue No. 1126 (5 June 1975), pp. 3 – 6, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 30 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/K1175.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Legal Document, Foreign Population, National Population

Bahraini citizens shall not leave or return to the country unless they carry a passport in accordance with the provisions of this law (Art. 1)

The Minister of Interior may issue a travel document or a transit ticket for the following categories of non-Bahrainis residing in the country (Art. 3):

  1. Stateless persons or persons with no permanent nationality.
  2. Persons with permanent nationality but who cannot obtain a travel document from their country of origin; or who are present in Bahrain because they have lost their passports or their passports have expired and whose country of origin has no representative office in Bahrain; or for any other reasons as determined by the Ministry of Interior.

The travel document or transit ticket referred to in the previous article do not authorize their holder to enter or transit through Bahrain without acquiring an entry, transit or return visa. They are also only valid for two years from the date of issue and are not renewable (Art. 4).

In accordance with Art. 5, leaving or returning to Bahrain may only take place in designated areas and with the permission of the responsible passports official in the form of a visa stamped on the passport or travel document.

Under Art. 13, a wife may not be issued an independent passport without her husband’s permission.

Without prejudice to any harsher penalties stipulated by another law, a penalty of imprisonment for one to four months and/ or 50 to 400 dinars shall be imposed on (Art. 18):

  1. Those who violate article 5 of this law
  2. Those who submit false data or claims in order to obtain a Bahraini passport either for himself or another person
  3. Those who sign a false statement for the applicant of a passport or travel document.

 

Bahrain: Law No. 12 of 1989 Amending the Citizenship Act of 1963

image_pdfimage_print
 

Title

 

 

Bahrain: Law No. 12 of 1989 Amending the Citizenship Act of 1963

 

 

Date of adoption

 

8 July 1989
 

Entry into force

 

13 July 1989
 

Text versions

Arabic

English

Source:

Official Journal Issue No. 1859 (13 July 1989), pp. 3-4, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 30 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/L1289.pdf

Bahraini Citizenship Act (last amended 1981) [Bahrain],  16 September 1963, accessed 30 July 2014, available at: http://www.refworld.org/docid/3fb9f34f4.html

Abstract

Keywords: Bahrain, Laws & Regulations, Citizenship, Foreign Population

The texts of articles 4, 5, and 6(4) are all replaced.

In accordance with the new text of Art. 4, a person shall be deemed a Bahraini national in the following cases:

  1. If he is born in Bahrain or abroad and his father, at the time of birth, was a Bahraini national.
  2. If he is born in Bahrain or abroad and his mother, at the time of birth, was a Bahraini national, provided that his father was either unknown or he is not legally linked to his father.

A person shall be considered a Bahraini national if is born to unknown parents. An illegal child shall be considered as born in Bahrain, unless proven otherwise (Art. 5).

If a man is granted Bahraini citizenship in accordance with this article, his minor children shall become Bahrainis by naturalization and they shall have the right to choose their original nationality within one year of reaching maturity. Any children born to the man after naturalization shall be considered as Bahraini nationals.

The wife of a naturalized foreigner may also obtain citizenship if she declares her intention to do so to the Minister of Interior and she resides in Bahrain with her husband for five years thereafter. The Minister may waive this period or deny the woman citizenship during that time (Art. 6(4)).

 

Bahrain: Law No. 10 of 1981 Amending the Citizenship Act of 1963

image_pdfimage_print
 

Title

 

 

Bahrain: Law No. 10 of 1981 Amending the Citizenship Act of 1963

 

 

Date of adoption

 

18 May 1981
 

Entry into force

 

21 May 1981
 

Text versions

Arabic

English

Source:

Official Journal Issue No. 1436 (21 May 1981), pp. 3-4, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 30 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/L1081.pdf

–          Bahraini Citizenship Act (last amended 1981) [Bahrain],  16 September 1963, accessed 30 July 2014, available at: http://www.refworld.org/docid/3fb9f34f4.html

 

Abstract

Keywords: Bahrain, Laws & Regulations, Citizenship

Art. 7(1) of the original law is amended so that a foreign woman who marries a Bahraini national shall not become a Bahraini national unless she declares to the Ministry of Interior her desire to acquire that nationality and she is still married five years after she makes the declaration. The waiting period may be waived by the Minister of Interior who may also during the same period of time deny her request to acquire Bahraini nationality for reasons of national security and public order

Similarly, a Bahraini woman who marries a foreign national shall not lose her nationality unless she acquires that of her husband’s and even then she may reclaim her Bahraini nationality upon the dissolution of her marriage if she declares her wish to do so to the Minister of Interior and establishes regular residence in Bahrain.

Art. 8(2) is amended so that the period of time is extended to 10 years.

 

Bahrain: Bahraini Citizenship Act – 1963

image_pdfimage_print
 

Title

 

Bahrain: Bahraini Citizenship Act – 1963
 

Date of adoption

 

 

16 September 1963

(Last amended: 13 July 1989)

 

 

Entry into force

 

In effect
 

Text versions

Arabic

English

Source:

 

Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 30 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/K0863.pdf

Bahraini Citizenship Act,  16 September 1963, accessed 30 July 2014, available at: http://www.refworld.org/docid/3fb9f34f4.html

 

Abstract

Keywords: Bahrain, Laws & Regulations, Citizenship

 

Art. 3 (Amended) considers anyone who has acquired the citizenship of Bahrain by virtue of Notice No. 20/1356 dated May 8th 1937 to be a Bahraini if he has obtained a valid or renewed passport of Bahrain since 1959, or a Bahraini nationality or a final judicial decision.

Articles 4, 5 and 6 list the conditions for being considered a Bahraini by descent, birth and naturalization respectively.

Bahraini citizenship may be granted upon request to a foreigner who meets the following requirements: legally residing in Bahrain for at least 25 consecutive years (15 for Arab nationals) from the date of this law; good conduct; fluency in Arabic; having a registered real estate in Bahrain. However, a foreigner granted citizenship under this article shall not be entitled to voting rights, representation, nomination or appointment in local councils for 10 years. His wife and children shall be regarded as Bahraini by naturalization (Art. 6).

In accordance with Art. 7, a foreign woman marrying a Bahraini shall acquire Bahraini citizenship and may not lose it upon the dissolution of marriage unless she reclaims her original nationality or acquires a new one. A Bahraini woman marrying a foreign national shall not lose her Bahraini nationality unless she acquires the nationality of her husband. She may reclaim her Bahraini nationality upon the dissolution of marriage if she establishes residence in Bahrain.

Cases that lead to withdrawal of Bahraini nationality from persons who acquired it through naturalization include the acquisition of citizenship through deception, false statements or hiding of information and being found guilty in a case connected with honor and honesty within five years of acquiring citizenship (Art. 8).

A Bahraini citizen may lose his nationality if he voluntarily acquires another nationality or renounces his Bahraini nationality and His Majesty issues an order to withdraw his nationality. The loss of nationality would also apply to under-aged children (Art. 9).

A Bahraini citizen may be denaturalized by an order of His Majesty if he enters the military service of a foreign country, is ordered to leave it and does not comply; if he helps or joins the service of an enemy country and if he causes harm to the security of the State (Art. 10)

 

Bahrain: Law No. 11 of 1971 Regarding the Inheritance and Settlement of Estates of of Non-Muslim Aliens

image_pdfimage_print
 

Title

 

 

Bahrain: Law No. 11 of 1971 Regarding the Inheritance and Settlement of Estates of of Non-Muslim Aliens

 

 

Date of adoption

 

25 May 1971
 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

–  Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 21 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/L1171.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Foreign Nationals

The laws of the deceased foreigner’s country shall apply for the purpose of identifying the heirs, determining their shares of the inheritance and transferring the money from the estate to them (Art. 1).

Without prejudice to any other law, the police department shall be notified of the death of the foreigner by the relatives residing with him or by his adult heirs or by the officials who established the death within 24 hours. The police department must then report the death to the district attorney (Art. 2).

Art. 3 sets the penalties for not informing the police in accordance with the previous article.

Article 4 through 16 set out the procedures that must be followed to settle the estate, pay debts and transfer the money to the heirs.

In accordance with Art. 17, if no present or known heirs exist, the money from the estate shall, after receiving approval from the court, be transferred to the Financial and National Economy Administration. The Administration shall then request the Consul of the deceased’s country to conduct investigations into whether or not s/he has heirs. If no heirs are found within a year, the money shall be transferred to the Bahraini Treasury.

 

Bahrain: Bahraini Citizenship Act – 1963

image_pdfimage_print
 

Title

 

Bahrain: Bahraini Citizenship Act – 1963
 

Date of adoption

 

 

16 September 1963

(last amended: 13 July 1989)

 

 

Entry into force

 

In effect
 

Text versions

Arabic

English

 

Source:

Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 30 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/K0863.pdf

Bahraini Citizenship Act (last amended 1981) [Bahrain],  16 September 1963, accessed 30 July 2014, available at: http://www.refworld.org/docid/3fb9f34f4.html

 

Abstract

Keywords: Bahrain, Laws & Regulations, Citizenship

Cases that lead to withdrawal of Bahraini nationality from persons who acquired it through naturalization include the acquisition of citizenship through deception, false statements or hiding of information and being found guilty in a case connected with honor and honesty within five years of acquiring citizenship (Art. 8).

A Bahraini citizen may lose his nationality if he voluntarily acquires another nationality or renounces his Bahraini nationality and His Majesty issues an order to withdraw his nationality. The loss of nationality would also apply to under-aged children (Art. 9).

A Bahraini citizen may be denaturalized by an order of His Majesty if he enters the military service of a foreign country, is ordered to leave it and does not comply; if he helps or joins the service of an enemy country and if he causes harm to the security of the State (Art. 10).

 

Bahrain: Decision of the Minister of Labour and Social Affairs No. 10 of 1981 Regarding Raising the Percentage of the Grant Given to Foreigners Permanently Leaving the Country

image_pdfimage_print
 

Title

 

 

Bahrain: Decision of the Minister of Labour and Social Affairs No. 10 of 1981 Regarding Raising the Percentage of the Grant Given to Foreigners Permanently Leaving the Country

 

 

Date of adoption

 

6 May 1981
 

Entry into force

 

14 May 1981
 

Text versions

Arabic

Source:

Official Journal Issue No. 1435 (14 May 1981), p. 4, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 21 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLSA1081.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations,

The grant to which ensured foreigners are entitled upon leaving the country permanently, as stipulated in articles 138 and 139 of the Social Security Law, shall be raised by 5% (Art. 1).

 

Bahrain: Decree No. 24 of 1976 Issuing the Social Insurance Law

image_pdfimage_print
 

Title

 

 

Bahrain: Decree No. 24 of 1976 Issuing the Social Insurance Law

 

 

Date of adoption

 

29 June 1976
 

Entry into force

 

01 August 1976
 

Text versions

Arabic

Source:

 

 

 

Abstract

Art. 2 stipulates the application of this law to all employees without discrimination based on gender, nationality or age.

Art. 3 lists the categories of employees not covered by this law which include domestic workers.

If the insured employee’s service ends and s/he has not met the conditions for receiving a salary, a one-time compensation shall be due to him. This applies to a number of categories of people including foreigners permanently leaving the country (Art. 38 (5)).

Employers are required per Art. 65 of this law, to display in a prominent location at the workplace, in both English and Arabic, an announcement about the entity responsible for treating his workers and the procedures that must be followed by the latter in cases of injury at work or outside it.

In accordance with Art. 138, a foreigner leaving the country permanently who has subscribed to the social insurance for more than three years shall be paid his dues that were paid to the General Authority to participate in the Social Insurance, his indemnity, as well as an interest rate of 5% per year (138 a). In addition, he shall be paid the sum of the total amounts paid for old age or death insurance which were paid on his behalf by the employer, the amounts deducted from his salary as well as an additional 3% of that amount (138 b).

If the foreigner has participated in the insurance scheme for three years or less at the time of his departure and is not entitled to a pension from the General Authority then he shall be paid his dues as stipulated in part (a) of the previous article (Art. 139 (a)).

In addition, he shall be paid the total amounts for subscriptions paid for old age, disability and death insurance, which were deducted from his salary as well as an additional 3% of that amount. The additional 3% are only paid if he has participated in the insurance scheme for a total of at least 12 months whether continuously or intermittently.

If the insured is entitled to a pension or a disability or death salary in accordance with articles 34, 37, 41, 42, 56, 57, 58,59, 60, 61, 62, then his dues shall all be paid in the form of a one-time payment in accordance with table No. 6 annexed to this law (Art. 139(b)).

Art. 140 regulates situations which involve the death of the insured foreigner. In this case, the dues referred to in the first clause of articles 138 and 139 shall be paid to the persons specified by him in writing prior to his death or in accordance with the inheritance system of his country of origin. As for the amounts stipulated in clause b of articles 138 and 139 – which are further elaborated in article 38 of this law, those shall be paid after deducting the pension that has been already paid to the deceased or his heirs.

Articles 144, 145, and 146 shall not apply to foreigners or their beneficiaries who receive a pension in accordance with the provisions of this law (Art. 147).

Bahrain: Law No. 21 of 1980 Amending Article 29 of the Aliens (Residence & Immigration) Act of 1965

image_pdfimage_print
 Title

 

Bahrain: Law No. 21 of 1980 Amending Article 29 of the Aliens (Residence & Immigration) Act of 1965

 

 Date of adoption

 

15 September 1980
 Entry into force

 

18 September 1980
 Text versions ArabicSource:

Offical Journal Issue No. 1401 (18 September 1980), p. 4, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 21 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/L2180.pdf

 

Abstract

Keywords: Bahrain, Laws & Regulations, Irregular MigrationArt. 29 of the Aliens Act of 1965 is replaced with the following text:

Any person who enters Bahrain illegally shall be imprisoned for no less than six months and so shall anyone who has aided him or encouraged him to commit this crime. The vehicle used to commit this crime shall be confiscated as well. The judge may not order the suspension of the sentence (Art. 29 (1)).

Any person who is convicted of another crime in violation of this law shall be sentenced to up to six months of imprisonment and a penalty of no more than 500 BHD or to either of these two (Art. 29 (2)).

 

Bahrain: Law No. 24 of 1986 Amending the Provisions of the Aliens (Residence & Immigration) Act of 1965

image_pdfimage_print
 

Title

 

 

Bahrain: Law No. 24 of 1986 Amending the Provisions of the Aliens (Residence & Immigration) Act of 1965

 

 

Date of adoption

 

24 November 1986
 

Entry into force

 

26 November 1986
 

Text versions

Arabic

Source:

Official Journal Issue No. 1722 (27 November 1986), p. 3, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 21 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/L2486.

 

 

Abstract

Keywords: Bahrain, Laws & Regulations, Entry & Exit Conditions

The purpose of this law is to extend the application of provisions of the original law. Art. 1 extends the application of all provisions applying to ships and planes to vehicles; those applying to captains of ships and planes to drivers of vehicles; those applying to owners of ships and planes and their agents to owners of vehicles and their agents; and those applying to passengers of planes and ships to passengers of vehicles. All of this is applicable at the point where a vehicle crosses the Bahrain – Saudi Arabia bridge.

 

Bahrain: Ministerial Decision No. 25 of 1976 as Amended by Ministerial Decision No. 39 of 1986 Regarding Entry Visa to Bahrain

image_pdfimage_print
 

Title

 

 

Bahrain: Ministerial Decision No. 25 of 1976 as Amended by Ministerial Decision No. 39 of 1986 Regarding Entry Visa to Bahrain

 

 

Date of adoption

 

 

3 August 1976

(Last amended: 16 September 1986)

 

 

Entry into force

 

In effect
 

Text versions

Arabic

Source:

Official Journal Issue No. 1187 (5 August 1976), pp. 5-6, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 15 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RINT2576.pdf

–  Official Journal Issue No. 1712 (18 September 1986), pp. 4-5, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 15 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RINT3986.pdf

Abstract

Keywords: Bahrain, Laws & Regulations, Visas & Fees

A non-Bahraini may not enter the Kingdom of Bahrain unless s/he holds a valid passport and a visa issued by one of the country’s embassies abroad (Art. 1).

An entry visa shall not be issued to a non-Bahraini entering the country for the purpose of work until a non-objection certificate is issued by the Immigration and Passports Administration. The certificate may only be issued after obtaining a work permit from the Ministry of Labour and Social Affairs or through the sponsorship of the contracting governmental body. A visit entry visa shall not be issued to a non-Bahraini if it is suspected that s/he intends to work in Bahrain (Art. 2).

Art. 3 (amended) lists the cases that may be exempted from the conditions set out in aricle 1 of this decision. Passport Control employees at Bahrain International Airport may issue entry visas valid for 72 hours or 7 days to non-Bahrainis who do not hold an entry visa. The conditions for obtaining these visas are:

  1. Having a valid passport and a return ticket
  2. The visitor is not banned from entering the country
  3. The purpose of entry is not work.

The 72-hour visa may be granted to the following categories:

  1. Tourists
  2. Business Owners
  3. Merchants
  4. Transit Passengers
  5. The Wife and Children of those employed in Bahrain
  6. Individual Cases as determined by the Immigration and Passports Administration.

The 7 days visa may be granted to those requesting it from the following categories:

  1. Business Owners
  2. Merchants
  3. Businessmen holding meetings, conferences and exihibtions.
  4. Tourist groups based on prior arrangements with tourism agencies or the Tourism Administration.
  5. Service employees accompanying GCC families and residing in one of the GCC countries.

Passport Control employees at the Bahrain International Airport may request the signature of a Bahraini sponsor if necessary (Art. 4).

Art. 5 allows for the extension of the 72 hours/ 7 days visas on a case by case basis.

 

Bahrain: Ministerial Decision No. 80 of 1989 Setting the Fees of Services Offered by the General Administration of Immigration and Passports

image_pdfimage_print
Title

 

 

Bahrain: Ministerial Decision No. 80 of 1989 Setting the Fees of Services Offered by the General Administration of Immigration and Passports

 

 

Date of adoption

 

20 December 1989
 

Entry into force

 

1 January 1990
 Text versions Arabic

Source:

Official Journal Issue No. 1882 (21 December 1989), pp. 18 – 19, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 17 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RINT8089.pdf

 

 

Abstract

 

Keywords: Bahrain, Laws & Regulations, Visas & Fees

The table attached to this decision which lists the fees of services offered by the General Administration of Immigration and Passports replaces the table attached to Ministerial Decisions No. 14 of 1986 and No. 40 of 1986 (Art. 1).

Items 16 through 36 are applicable to foreigners in Bahrain as they list the fees for various services including return visa (20 BHD), exit permit (5 BHD), non-objection certificates for work or visit (10 BHD) and many more.

 

Bahrain: Ministerial Decision No. 47 of 1986 Implementing the Provisions of Decision No. 25 of 1976 Regarding the Entry Visa to Bahrain as Amended by Decision No. 39 of 1986 for Foreigners Arriving Through the Saudi Arabia – Bahrain Bridge

image_pdfimage_print
 Title

 

Bahrain: Ministerial Decision No. 47 of 1986 Implementing the Provisions of Decision No. 25 of 1976 Regarding the Entry Visa to Bahrain as Amended by Decision No. 39 of 1986 for Foreigners Arriving Through the Saudi Arabia – Bahrain Bridge
 Date of adoption

 

25 November 1986
 Entry into force

 

27 November 1986
 Text versions Arabic

Source:

Official Journal Issue No. 1722 (27 November 1986), p. 6, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 26 June 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/RINT4786.pdf

Abstract

Keywords: Bahrain, Laws & Regulations, Entry & Exit ConditionsThe provisions of Decision No. 25 of 1976 regarding the entry visa to Bahrain as amended by decision No. 38 of 1986 shall be applicable to foreigners arriving in the country through the Saudi Arabia – Bahrain bridge (Art. 1).

 

Bahrain: Aliens Immigration and Residence Act of 1965

image_pdfimage_print
 

Title

 

Bahrain: Aliens Immigration and Residence Act of 1965
 

Date of adoption

 

1 July 1965
 

Entry into force

 

1 July 1965
 

Text versions

Arabic

English

Source:

Official Journal Issue No. 3, July 1965, pp. 12- 20, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 7 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/K0365.pdf

Bahrain: Aliens (Immigration and Residence) Act of 1965 [Bahrain],  11 July 1965, accessed 7 July 2014, http://www.refworld.org/docid/3fb9f4bd4.html

 

Abstract

Keywords: Bahrain, Laws & Regulations, Residence Conditions,

The requirements for entering Bahrain for foreigners include holding a valid passport or travel document and a valid entry visa (Art. 5(1)).

A foreigner may not stay in Bahrain after the expiry of the validity date of his visa (Art. 7(5)).

Foreigners entering the country for any reason may be required to pay a deposit of no more than one thousand Rubies that may be used for their deportation. For those entering Bahrain for employment purposes, the employer may be required to pay the deposit or submit an undertaking to the Director of Immigration to bear all deportation costs (Art. 8(1((B)).

Pursuant to Art. 15 of this law, foreigners aged sixteen and above may not reside in Bahrain unless they hold a residence permit issued by the immigration director.

Foreigners wishing to remain in the country must renew residence permits. An application must be submitted to the Immigration of Department (Art. 17).

Foreigners may not be granted a residence permit or permitted to renew it, unless the permission of the Governor is granted, except for the following cases (Art. 18(1)):

  1. If the foreigner is able to support himself and his dependents (if present in Bahrain)
  2. If the foreigner intends to work or to continue on work in Bahrain, he shall present, while submitting his application for a residence permit (or renewal), a written permission to work in Bahrain that is issued for him or his employer from the Labour Department.

The requirement to apply for a residence permit in accordance with article 15 does not apply to foreigners staying in the country for four weeks or less for each visit (Art. 21).

In accordance with Art. 21(1), a foreigner who is legally residing in Bahrain at the time of his application for a residence permit or its renewal or at the time of his appeal of the decision in accordance with article 24, may remain in Bahrain without a valid residence permit until he receives a response to his application or appeal.

Art. 23 deals with cancellation of residence permits. A foreigner whose residence permit has been cancelled in accordance with the provisions of this article, may continue residing in Bahrain without having a residence permit for fourteen days immediately after being informed of the cancellation in order to settle his affairs and leave Bahrain.

In accordance with Art. 23(4), a foreigner whose residence permit has been cancelled may not apply for another one for a period of 52 weeks from the date he received notice of its cancellation.

Articles 28 and 29 cover penalties under this law.

 

 

Bahrain: Aliens Immigration and Residence Act of 1965

image_pdfimage_print
 

Title

 

 Bahrain: Aliens Immigration and Residence Act of 1965
 

Date of adoption

 

 1 July 1965
 

Entry into force

 

 1 July 1965
 

Text versions

Arabic

English

Source:

Official Journal Issue No. 3, July 1965, pp. 12- 20, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 7 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/K0365.pdf

Bahrain: Aliens (Immigration and Residence) Act of 1965 [Bahrain],  11 July 1965, accessed 7 July 2014, http://www.refworld.org/docid/3fb9f4bd4.html

 

Abstract

 

Keywords: Bahrain, Laws & Regulations, Entry & Exit Conditions

Foreigners entering the country for any reason may be required to pay a deposit of no more than one thousand Rubies that may be used for their deportation. For those entering Bahrain for employment purposes, the employer may be required to pay the deposit or submit an undertaking to the Director of Immigration to bear all deportation costs (Art. 8(1((B)).

 

Bahrain: Aliens Immigration and Residence Act of 1965

image_pdfimage_print
 

Title

 

 Bahrain: Aliens Immigration and Residence Act of 1965
 

Date of adoption

 

 1 July 1965
 

Entry into force

 

 1 July 1965
 

Text versions

Arabic

English

 

Source:

Official Journal Issue No. 3, July 1965, pp. 12- 20, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 7 July 2014, http://www.legalaffairs.gov.bh/Media/LegalPDF/K0365.pdf

Bahrain: Aliens (Immigration and Residence) Act of 1965 [Bahrain],  11 July 1965, accessed 7 July 2014, http://www.refworld.org/docid/3fb9f4bd4.html 

Abstract

Keywords: Bahrain, Laws & Regulations, Visas and Fees

The requirements for entering Bahrain for foreigners include holding a valid passport or travel document and a valid entry visa (Art. 5(1)).

A foreigner may not stay in Bahrain after the expiry of the validity date of his visa (Art. 7(5)).

Foreigners entering the country for any reason may be required to pay a deposit of no more than one thousand Rubies that may be used for their deportation. For those entering Bahrain for employment purposes, the employer may be required to pay the deposit or submit an undertaking to the Director of Immigration to bear all deportation costs (Art. 8(1((B)).