In the Kingdom of Bahrain, arbitrary dismissal under Bahraini Labour Law emerges as a fundamental issue that directly affects the stability of the employment relationship between employee and employer.
This type of dispute is not rare; rather, it represents a constant source of concern for workers — due to the sudden loss of employment — as well as for employers, who may face serious legal consequences if they fail to adhere to the regulatory framework.
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Legal Penalties and Consequences of Arbitrary Dismissal under Bahraini Labour Law
Unjustified dismissal is defined as the employer’s termination of an employment contract without a legitimate reason or lawful justification, resulting in harm to the worker.
The Bahraini Private Sector Labour Law, issued by Law No. (36) of 2012, explicitly defines the circumstances under which a dismissal is considered arbitrary.
The law stipulates that termination without a legitimate cause i.e. Unjustified dismissal grants the aggrieved worker the right to claim compensation. The amount of compensation varies depending on the type of contract (fixed-term or indefinite-term) and the duration of service.
For example:
- If the contract is indefinite-term and the employee is dismissed without justification after more than three months from the start of employment, the compensation is calculated on the basis of “two days for each month of service,” provided that it is not less than one month’s wage and does not exceed twelve months’ wage.
- If the dismissal is deemed an “Unjustified dismissal” under the law, an additional indemnity is added to the original compensation — i.e. half of the regular compensation entitlements.
Beyond financial compensation, the law entitles the worker upon request to a court order reinstating him to his job if the dismissal is proven arbitrary.
Moreover, the law ensures that end-of-service rights (such as end-of-service gratuity or accumulated leave entitlements) must be calculated based on the worker’s final wage, including any allowance or commission where applicable.
From the standpoint of dispute resolution procedures: if the employer refuses compensation or reinstatement, the worker may resort to the competent authorities — either by filing a complaint with the relevant labour dispute resolution body or by taking the matter to the labour courts.
When Is a Dismissal Considered Arbitrary
According to Article (104) of Bahraini Labour Law, employer‑initiated termination of employment is considered an Unjustified dismissal if done for any of the following reasons:
- Discrimination: Dismissal on the basis of gender, skin color, religion, creed, marital status, family responsibilities, or the pregnancy or breastfeeding status of a female employee.
- Union activity: Belonging to a labour union or lawful participation in its activities.
- Worker representation: Representing workers in union organization or attempting to do so.
- Filing complaints: Lodging a complaint or claim — or raising a lawsuit — against the employer, provided the complaint is not malicious.
- Exercising legal rights: Using legally granted rights, such as taking leave under the law.
- Seizing entitlements: Attaching or placing a lien on the worker’s dues held by the employer.
Recommended Steps if You Face Unjustified dismissal
If a worker faces Unjustified dismissal, it is advisable to follow these steps:
- Document the case: Keep all employment-related documents, including the employment contract, dismissal letters, and any relevant correspondence.
- File a complaint with the Ministry of Labour: Submit a formal complaint detailing the dismissal and the reasons believed to make it arbitrary.
- Resort to the labour courts: If the issue is not resolved via the Ministry, one may file a lawsuit at the labour court to claim due compensation.
- Consult a specialized lawyer: To ensure proper proceedings and to prepare a legally sound file supported by evidence.
Difference Between Legal Dismissal and Arbitrary Dismissal
| Category | Arbitrary Dismissal | Legal Dismissal |
| Legal Basis | No legitimate justification for dismissal | Dismissal based on a clear lawful reason |
| Procedures | Violates required notice or warning procedures | In compliance with legal and regulatory procedures |
| Employee Rights | Right to compensation and possible reinstatement | No compensation if dismissal is legally justified |
Role of Our Legal Office in Cases of Unjustified dismissal
At our legal office, with experienced lawyers in Bahrain, we handle Unjustified dismissal cases with full seriousness and professionalism. Our services include:
- Providing accurate legal consultation to employees or employers.
- Representing parties before the Ministry of Labour and courts.
- Preparing lawsuits and legal memoranda with high competence.
- Seeking fair compensation or reinstatement when possible.
For a personalized legal consultation, feel free to contact us directly via the WhatsApp button at the bottom of the page.
Frequently Asked Questions (FAQ)
arbitrary dismissal under Bahraini Labour Law poses one of the most significant challenges threatening job security for workers and exposes employers to legal liability if they fail to comply with the prescribed provisions.
Protecting your rights begins with precise knowledge of the law and ends with taking proper legal steps with the assistance of experienced professionals.
For a personalized legal consultation regarding cases of Unjustified dismissal in Bahrain, we invite you to contact our office via the WhatsApp button at the bottom of the screen.
For further reading, explore the following topics:
Bereavement Leave in Bahrain.
Business Law Lawyer in Bahrain.
Legal Services Bahrain.
