Tuesday, February 16, 2010

Is Bahrain's New Labor Law Actually a Step Backward?

As I delve deeper and deeper into my research here in Bahrain, I have to admit that i am amazed how every day I come across a new paradigm that uniquely influences promulgating labor legislation currently floating between parliament and the Shura Council (upper house).

Most recently, the Shura Council blocked another article of a proposed new labor law that would provide improved conditions for workers in Bahrain's private sector and increase leave earnings. However, the basis for this particular kick-back speaks to the larger issue of Bahrain's indiscriminate private sector and the fact that expatriate workers would be entitled to these new provisions along with national citizens. Most would champion this nuanced obstacle seen in most countries throughout the Gulf. However, it is becoming clear that non-discrimination is actually stalling necessary moves forward that could drastically improve the lives of Bahrainis in the workforce.

Originally, MP's in Parliament believed that this new law would also pave the way for the establishment of a national minimum wage for Bahrainis; a cause that was abandoned after realizing that this standard would also have to apply to expats. And earlier this year, the Shura Council rejected other articles to the labor law that would increase time off for working mothers, and require employers to pay their own fees if they were taken to court for malice.

So the question of whether this legal distinction absent with regard to Bahrain's private sector is an example of progress or indifference remains as parliament faces renewed deadlock. One could argue that more successful approaches to labor legislation would be to specifically treat Bahraini citizens and expatriate workers as separate groups under the law, raising the risk however that expatriates would remain vulnerable and be offered limited support and protection.

Bahrain is unique in a region where social welfare provides ample income to citizens of Gulf countries like Kuwait and Qatar and where labor law does not pertain equally to citizens and expatriates. Bahrainis maintain a strong presence in the private sector workforce and are no longer predisposed to different provisions under Bahrain's new labor law, which officially ended the sponsorship system in 2009.

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