Disciplinary Regulations under Bahrain Labour Law

As part of regulating the workplace and protecting the rights of both employees and employers, Disciplinary Regulations under Bahrain Labour Law are one of the key tools used to manage the employment relationship.

These regulations aim to maintain a fair balance between rights and duties while ensuring that workplace rules and legal requirements are applied properly.

Have you been subjected to a disciplinary penalty at work, or do you need to adopt disciplinary regulations that comply with Bahrain Labour Law?

Speak to a Labour Lawyer NowIf you prefer to understand the rules first, continue reading below.

What Are Disciplinary Regulations under Bahrain Labour Law?

Disciplinary regulations are written workplace rules issued by an employer to define the disciplinary measures that may be taken against an employee who commits a workplace violation in Bahrain.

These regulations are governed by Bahrain’s Labour Law for the Private Sector, Law No. 36 of 2012, which establishes rules for dealing with workplace violations in a lawful and fair manner.

Under the current procedures and Bahrain’s move towards digital government services, the approval of certain workplace regulations and employment procedures may be handled electronically through the Ministry of Labour’s services.

Employers should also ensure that their current internal regulations remain consistent with applicable ministerial decisions, including rules relating to wage protection and occupational health and safety, to reduce the risk of compliance issues during inspections.

Main Objectives of Disciplinary Regulations

The rules are intended to regulate and control several matters, including:

1. Maintaining proper conduct within the workplace.
2. Ensuring compliance with laws and internal workplace policies.
3. Protecting employees from arbitrary or unfair disciplinary measures.

Legal Framework for Disciplinary Regulations

Under Bahrain Labour Law, disciplinary regulations form part of the employer’s internal workplace rules.

The law requires employers to establish clear disciplinary rules and procedures where legally required and to apply them in accordance with the Labour Law and the relevant implementing regulations.

The main requirements include the following:

Clear Violations and Penalties

Potential workplace violations should be described clearly, and any penalty imposed must be proportionate to the nature and seriousness of the violation.

Approval Procedures

Where approval by the competent authority is required, the regulations must be submitted through the prescribed process. Employees must also be informed of the applicable regulations once they become effective.

Non-Discrimination and Fair Treatment

Disciplinary rules must be applied fairly and without discrimination. Employees should also be given an opportunity to explain their position before a disciplinary penalty is imposed in cases where an investigation is required.

Common Workplace Violations and Disciplinary Measures

Violations under Disciplinary Regulations under Bahrain Labour Law may be classified according to their nature and seriousness.

The type of disciplinary action should reflect the seriousness of the employee’s conduct and should be applied in a way that promotes both fairness and workplace discipline.

Examples of Workplace Violations

1. Repeated lateness without a valid reason: Arriving late to work without justification is one of the most common workplace violations and may indicate repeated failure to comply with working hours.
2. Unjustified absence: This includes failing to attend work without informing the employer or providing an acceptable reason.
3. Failure to follow occupational health and safety instructions: Examples include refusing to wear required protective equipment or ignoring established safety procedures.
4. Damage to workplace property: This may include conduct that causes damage to tools, equipment, machinery, or other property belonging to the employer.
5. Misconduct: Examples may include using offensive language, threatening colleagues, or displaying aggressive behaviour in the workplace.

Types of Disciplinary Penalties

Depending on the nature of the violation and the legal requirements, disciplinary measures may include:

1. Warning: A warning is generally used for minor violations as an initial measure to alert the employee to the misconduct.
2. Deduction from wages: A wage deduction may be imposed in accordance with the limits permitted by law and the seriousness of the violation.
3. Suspension from work: Suspension may be used in circumstances permitted by law, including certain disciplinary or investigation-related situations.
4. Dismissal from employment: Termination may be considered in serious cases where the legal conditions for dismissal are met. Examples may include:
   • Theft.
   • Physical assault against another employee.
   • Unauthorised disclosure of confidential company information.

Rules for Applying Disciplinary Penalties

When imposing a disciplinary measure:

• The penalty should be proportionate to the violation.
• The employee should be given an opportunity to explain their position during the investigation where required.
• An employee should not be punished more than once for the same violation.
• Disciplinary decisions should be properly documented in the employee’s employment record.

When Can a Disciplinary Penalty Against an Employee Be Invalid?

The fact that an employee committed a workplace violation does not automatically make every disciplinary penalty lawful. The employer must follow the applicable legal and procedural requirements. Failure to do so may allow the employee to challenge the penalty.

Some of the most important situations that may affect the validity of a disciplinary decision include:

• Delay in taking disciplinary action: If the employer waits beyond the period permitted by law after becoming aware of the violation, the disciplinary measure may be open to challenge.
• Failure to conduct a required investigation: Certain penalties should not be imposed without giving the employee an opportunity to respond to the allegations and without properly documenting the investigation.
• Double punishment: An employee should not be punished twice for the same act. For example, an employer should not impose two separate disciplinary sanctions for the same violation where this is prohibited by law.
• Conduct outside the workplace: An employee generally should not be disciplined for purely private conduct outside work unless that conduct has a legally relevant connection with the employment relationship or directly affects the employer or workplace.

Steps for Conducting a Proper Workplace Investigation in Bahrain

To reduce the risk of a disciplinary decision being challenged, employers should follow an organised and documented process.

1. Notification: Inform the employee of the alleged violation and request their attendance for the investigation.
2. Investigation meeting: Record the employee’s statement and present the relevant evidence, documents, or witness statements where appropriate.
3. Employee’s response: Allow the employee to provide documents, explanations, or evidence supporting their position.
4. Decision: Issue a reasoned decision based on the facts established during the investigation and the approved disciplinary rules.
5. Grievance or objection: Where applicable, allow the employee to challenge or object to the disciplinary decision through the available internal or legal procedure.

The Role of a Lawyer and Why Legal Advice Matters

Because disciplinary procedures can involve detailed legal and procedural requirements, consulting a specialised lawyer in Bahrain can help protect your position, whether you are an employer or an employee.

A lawyer may assist with:

1. Drafting disciplinary regulations: A lawyer can help employers prepare internal disciplinary rules that comply with Bahrain Labour Law.
2. Protecting legal rights: A lawyer may represent an employee or employer in disputes arising from warnings, salary deductions, suspension, dismissal, or other disciplinary measures.
3. Providing ongoing legal advice: Legal guidance can help employers apply internal procedures correctly and reduce the risk of labour disputes.

Contact us through the WhatsApp button at the bottom of the screen if you need advice about disciplinary procedures, internal workplace regulations, or a disciplinary penalty.

FAQ About Disciplinary Regulations under Bahrain Labour Law

Disciplinary Regulations under Bahrain Labour Law provide an important framework for maintaining fairness and order in the workplace. Both employers and employees should understand how these regulations apply and ensure that disciplinary procedures comply with the law.

For specialised legal support, contact us through the WhatsApp button at the bottom of the screen.

For more information, you may also read:

Sick Leave in Bahrain.

Bahrain Labour Law: Employee Rights and Key Rules.

Lawyer Abdulrahman Khalifa

A Bahraini lawyer and the founder of a legal consultancy firm established in February 2019. He holds a Higher Degree in Sharia and Law from Al-Azhar University. He has extensive experience in court representation and providing legal advice in criminal, personal status, civil, and commercial matters. He is known for delivering clear, practical, and effective legal advice aimed at protecting his clients’ rights and interests, and has achieved tangible results in notable cases, including commercial litigation and inheritance matters