Types of Labour Claims in Bahrain and How to File a Claim

Types of Labour Claims in Bahrain
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At a well-known contracting company in Bahrain, an Asian worker faced repeated delays in receiving his salary for several months. Although he tried more than once to resolve the issue amicably, his efforts did not lead to a solution. He eventually had to file a labour claim to recover his rights.

This situation represents one of several Types of Labour Claims in Bahrain governed by Bahrain Labour Law, which aims to protect workers’ rights and regulate the relationship between employees and employers.

Do you feel that your employer has unfairly withheld your financial entitlements, dismissed you unfairly, or involved you in a complex dispute over sick leave?

Hire a labour lawyer to recover your rights immediatelyContinue reading to learn about the available types of labour claims and the procedures involved.

Types of Labour Claims in Bahrain

A labour claim is any legal claim brought by an employee or employer before the competent judicial authorities or the Ministry of Labour in relation to rights or obligations arising from an employment relationship.

Under the Labour Law for the Private Sector issued by Law No. (36) of 2012, these claims cover several types of disputes that may require legal settlement through either the Ministry of Labour or the Labour Court.

Types of Labour Claims in Bahrain include:

Wage and Financial Entitlement Claims

    • These claims may involve:
    • Failure to pay the monthly salary.
    • Delayed salary payments.
    • Failure to pay end-of-service benefits.
    • Unlawful deductions.

Unfair Dismissal Claims

An employee may file a claim in the following situations:

Working Hours and Leave Claims

These claims may arise when:

    • The employer fails to comply with the prescribed working hours.
    • The employer refuses to grant annual leave, sick leave, or bereavement leave.
    • The employee is required to work during public holidays without compensation.

Work Injury Compensation Claims

These claims include:

    • Injuries sustained during work or because of work.
    • Claims for medical treatment costs and financial compensation.
    • The employer’s failure to provide a safe working environment.

If you have suffered an injury during work, seek the assistance of an experienced work injury lawyer from Abdulrahman Khalifa Law Firm as soon as possible.

Claims Related to Unlawful Employment Contracts

These claims may arise because of:

    • An employee signing a contract that does not comply with the requirements of the Ministry of Labour.
    • Employing a worker under an unauthenticated contract.
    • Failing to provide the employee with a copy of the employment contract.

Types of Labour Claims Bahrain

Procedures for Filing a Labour Claim

Before going to court, the dispute settlement procedures through the Ministry of Labour must first be followed.

Steps for filing a labour complaint:

  1. Contact the Labour Dispute Resolution Department at the Ministry of Labour.
  2. Submit the application electronically through the services portal: official service link.
  3. Attend the amicable settlement sessions.
  4. If settlement efforts fail, the case file is referred to the competent Labour Court.

Requirements for Filing a Labour Claim in Bahrain

For a labour claim to be accepted by the Ministry of Labour or the Labour Court in Bahrain, several basic legal requirements must be met.

A Genuine Employment Relationship Must Exist

A proven contractual relationship must exist between the employee and the employer. It may be established through a written employment contract or supporting evidence such as salary records, a work permit, or witness testimony.

The Claim Must Concern Rights Arising from Employment

The claim must relate to a right covered by Labour Law, such as wages, leave entitlements, compensation, or unfair dismissal.

Amicable Settlement Attempts Must Be Completed

Before going to court, the complaint must first be submitted to the Ministry of Labour and referred to the Labour Dispute Resolution Department. If the dispute is not resolved within the specified period, the matter is referred to the competent court.

The Legal Time Limit Must Be Observed

Article (136) of Bahrain Labour Law provides that labour claims lapse one year after the termination of the employment contract unless there is a legitimate excuse or legal impediment that justifies the delay.

The Claim Must Be Clearly Defined

The claimant should clearly state the type of claim, the amount or compensation sought, and the documents supporting the claim so that it can be accepted by the court.

Format of a Labour Claim Statement in Bahrain

When filing a labour claim before the competent court, or after amicable settlement efforts through the Ministry of Labour have failed, the claimant must prepare a labour claim statement containing specific elements that meet the required legal form and substance.

The statement must be prepared in Arabic and submitted in a formal format containing the following:

Essential Elements of a Labour Claim Statement

  1. Personal details of the parties:
    • The claimant’s full name, nationality, CPR number, and address.
    • The defendant’s name, whether the employer or company, address, and Commercial Registration number if available.
  2. Subject of the claim:
    Clearly state the type of claim, such as unpaid wages, compensation for unfair dismissal, leave pay, or end-of-service benefits.
  3. Statement of the facts:
    Provide a brief chronological account of the employment relationship, including when it began, the nature of the work, the agreed salary, and the date on which the employment relationship ended.
  4. Legal relief sought:
    State the requests clearly. For example: “I respectfully request the Court to order the defendant to pay the amount of (…) Bahraini dinars as compensation for…”.
  5. Supporting documents:
    Attach copies of the employment contract, if available, salary records, notices, certificates, or any other documents supporting the claim.
  6. The claimant’s signature and the date of filing.

Brief Example of the Opening of a Labour Claim Statement:

Dear President of the Labour Court,

I, the employee/[name], a Bahraini national/(or expatriate), holder of CPR/passport number (…), hereby submit this claim against the defendant/[company or employer name], seeking payment of my employment entitlements arising from an employment relationship that was unlawfully terminated on (…).

Contact a specialised labour lawyer from Abdulrahman Khalifa Law Firm by clicking the WhatsApp button at the bottom of the page.

Services Provided by Our Lawyer Specialising in Labour Claims

Our law firm in Bahrain provides specialised services covering all Types of Labour Claims in Bahrain, including:

  • Preparing and filing formal labour complaints.
  • Representing clients before the Ministry of Labour and the courts.
  • Drafting contracts in compliance with the law.
  • Negotiating fair settlements.
  • Providing legal advice to employees and employers.

Frequently Asked Questions

What happens if the employer fails to attend court hearings?

The court may rule in favor of the employee if the claim is proven and the other party fails to attend without a valid justification.

What are the procedures for filing a labour claim?

The steps for filing a labour complaint are:
1. Contact the Labour Dispute Settlement Department at the Ministry of Labour.
2. Submit the application electronically through the official services portal.
3. Attend the amicable settlement sessions.
4. If a settlement cannot be reached, the case is referred to the competent labour court.

What happens if the employer fails to attend court hearings?

If the employer fails to attend the court hearings, the court may rule in favor of the employee if the claim is proven and the employer is absent without a valid justification.

Labour claims in Bahrain provide an effective legal route for protecting workers’ rights and regulating the legal relationship between employees and employers. In this article, we explained the Types of Labour Claims in Bahrain, along with the requirements and procedures for filing them.

For a consultation with a leading lawyer in Bahrain, click the WhatsApp button at the bottom of the page to contact us directly.

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