Goal 8 / 8.2 / 8.2.4

Does your university have a policy against forced labor, modern slavery, human trafficking, and child labor?

8.2.4 Does your university as a body have a policy commitment to no forced labour, no modern slavery and no human trafficking, and no child labour?

 

Part Four: Employment of Juveniles

https://www.lmra.gov.bh/en/page/show/199

Article (23):

For the application of the provisions of this Law, a juvenile means every person of fifteen years of age but not exceeding eighteen years of age.

Article (24):

It is prohibited to employ anyone who is less than fifteen years of age.

Article (25):

Juveniles shall not be employed effectively for a period exceeding six hours a day. They shall not be permitted to remain in the employment premises for more than seven consecutive hours. The hours of work shall be interrupted by one or more intervals for rest and having a meal, the total of which shall not be less than one hour. Such interval or intervals shall be so arranged that juveniles shall not work for more than four consecutive hours.

Article (26):

Juveniles shall not be employed during the night nor shall they be employed during the weekly days of rest or public holidays.

Article (27):

(a) Before the employment of a juvenile, an employer shall comply with the following:

1. He shall ascertain the parent’s or guardian’s approval of the juvenile’s employment.

2. A medical check up of the juvenile shall be conducted to confirm his medical fitness for work.

3. A juvenile shall not be employed to undertake hard or hazardous work that may be damaging to the juvenile’s health, his safety or moral conduct.

4. The Ministry shall be given notice concerning all the details related to the juvenile.

(b) After the employment of a juvenile, an employer shall comply with the following:

1. He shall display in a prominent place in the employment premises a copy containing the provisions related to the employment of juveniles provided for in this Part and a statement approved by the Ministry with respect to fixing the working hours, periods of rest and times of the weekly rest.

2. He shall draw up a list showing the names of juveniles employed thereby, their ages, job duties and dates of employment.

3. He shall conduct a regular medical check-up upon a juvenile to ensure the continuation of his medical fitness at the times to be fixed by a resolution of the Minister following consultation with representatives of employers and workers.

Article (28):

Subject to the provisions of this Part, the Minister shall issue a resolution determining any other terms, conditions or situations governing the employment of juveniles and determining the difficult and hazardous occupations, industries and jobs for which it is prohibited to employ juveniles to engage in or which are harmful to the juvenile’s health, safety or moral behavior according to the different age groups. Such occupations shall be reviewed periodically or whenever necessary.

Part Five Employment of Women

Article (29):

Subject to the provisions of this Part, working women shall be subject to all the provisions governing the employment of workers without discrimination between them where their employment conditions are similar.

Article (30):

The Minister shall issue a resolution determining the events, jobs and events where it is not permitted to employ women during the night.

Article (31):

The Minister shall, upon obtaining the opinion of the concerned authorities, issue a resolution determining the occupations for which the employment of women is prohibited.

Article (32):

(a) A female worker shall be entitled to maternity leave on full pay for sixty (60) days which shall include the period before and after her confinement provided she produces a medical certificate attested by a government health centre or one of the clinics approved by the employer stating the expected date of her confinement. A female worker may obtain an additional leave without pay because of her confinement for a period of fifteen (15) days in addition to the aforesaid leave period

(b) It shall be prohibited to employ a female worker during the forty (40) days following her confinement. An employment with another employer during the maternity leave shall be subject to the provisions of Article (62) of this Law.

Article (33):

It shall be prohibited for an employer to dismiss a female worker or to terminate her contract of employment because of marriage or during maternity leave.

Article (34):

A working woman shall be entitled to obtain leave without pay to provide care for her child who is not more than six years of age for a maximum of six (6) months in each case and for three times throughout the period of her service.

Article (35):

A female worker shall be entitled after her maternity leave and until her child is six (6) months of age to two periods to suckle her newly born child each of which shall not be less than one hour. She shall also be entitled to two periods of care for 30 minutes each until her 12 child completes one year of age. A female worker shall have the right to combine these two periods and such two additional periods shall be reckoned as part of the working hours without resulting in any reduction of the wage. An employer shall fix the time of the care period referred to in the preceding paragraph according to the female worker’s conditions and the interest of business.

Article (36):

In case of employment of women, an employer shall display in a prominent place of the business premises or at the workers’ assembly point a copy of the regulations for employment of women.

Bahrain Labour Law

https://www.gulftalent.com/repository/ext/Bahrain-Labour-Law.pdf

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Chapter 8: Employment of Juveniles (page 15)

Article 49

In accordance with the provisions of this Law a "juvenile" means every male or female person of fourteen years of age but not exceeding sixteen years of age.

Article 50

It is prohibited to employ a juvenile of either sex who is under the age of fourteen years.

Article 51

Juveniles between the ages of fourteen and sixteen years old may, having regard to the provisions of Article 42 of this Law, be employed in accordance with the undermentioned conditions:

1. having the permission of the Ministry of Labour and Social Affairs.

2. have undergone a medical examination before engagement and periodically thereafter to ensure a satisfactory standard of health; the result of such examination to be recorded in a certificate the particulars of which shall be prescribed by an Order to be made by the Minister for Health in agreement with the Minister for Labour and Social Affairs.

3. such employment of juveniles shall be in industries and occupations other than those deemed to be hazardous or unhealthy and enumerated by an Order made by the Minister for Health in agreement with the Minister for Labour and Social Affairs.

Article 52

Juveniles shall not be employed during the period of night, which is between sunset and sunrise, the duration of which shall be not less than eleven hours.

Article 53

Juveniles shall not be employed effectively for a period exceeding six hours a day. They shall not be permitted to remain in the employment premises for more than seven consecutive hours. The hours of work shall be interrupted by one or more intervals, the total of which shall be not less than one hour for rest and a meal. Such interval or intervals shall be so arranged that juveniles shall not work for more than four consecutive hours.

Article 54

Under no circumstances whatsoever shall juveniles be allowed to work overtime, to remain in the employment premises beyond the hours of work fixed for them or to be employed during the weekly days of rest. Generally, they are not subject to the exceptions prescribed concerning working hours and leave entitlements. In any event, the wages of juveniles shall not be fixed on the basis of piecework or productivity.

Article 55

The annual leave entitlement for juveniles shall be not less than one full month. A juvenile shall neither waive nor defer any of his leave entitlements.

Article 56

An establishment which employs one or more juveniles shall: 1. post up in a prominent place within the employment premises a copy of the provisions prescribing the employment of juveniles; 2. maintain a permanent register for juveniles recording their names, ages, the date of their engagement for employment and their jobs; 3. post up in a prominent place within the employment premises a list recording the hours of work and the intervals for rest; 4. notify in advance the Ministry of Labour and Social Affairs of the names of persons employed to supervise their work.

Article 57

The Minister for Labour and Social Affairs may make an Order regulating any other conditions of employment of juveniles and their conditions of work.

Article 58

Exempted from the application of the provisions of this Chapter are juveniles employed within the environment of the family where members of the same family only are working under the supervision of the father, mother, husband, brother, sister, uncle or grandfather.

Chapter 9: Employment of Women

 

Article 59

No female shall be employed between the hours of 8 p.m. and 7 a.m. except employment in infirmaries and other institutions for which the conditions of work therein shall be prescribed in an Order to be made by the Minister for Labour and Social Affairs.

Article 60

It is prohibited to employ any female in industries or occupations which are dangerous or unhealthy for her unborn child. Such industries and occupations shall be prescribed in an Order to be made by the Minister for Health in agreement with the Minister for Labour and Social Affairs.

Article 61

A female worker shall be entitled to maternity leave on full pay for forty-five days which shall not be deducted from her annual leave provided she produces a medical certificate attested by the Ministry of Health stating the expected date of her confinement. Such maternity leave shall include the period before and after confinement. Further, she may have an additional leave without pay for fifteen days.

Article 62

When a female worker returns to her employment after maternity leave she shall be entitled to a period or periods of rest in order to suckle her newly born child and the total of such periods shall not exceed one hour each day and shall be in addition to the normal intervals of rest granted to all the workers.

Article 63

No employer is permitted to terminate the service of a female worker on the grounds of her marriage or during her leave due to pregnancy and confinement. The Minister for Labour and Social Affairs shall make an Order prescribing the occupations and jobs in respect of which an employer may offer alternative employment to a female worker because of her marriage.

Article 64

A female worker shall forfeit her entitlements under the provisions of this Chapter if it is proved that she was found to have been employed by another employer during her approved leave of absence. The former employer may deprive her of her wages for the period of the leave or recover the amount already paid to her.

Article 65

The Minister for Labour and Social Affairs may make an Order for any other regulations in respect of the employment of females and their conditions of work.

 

Ahlia University welcomes The Human Rights Center at Bahrain, an organization in charge of the human rights legislation of both women and men, in this policy the abuse and violation of the human rights of each individual is rejected, the organization gives to all the institutions some guidelines and recommendations to prevent this type of situation. AU supports and promotes the recommendations ’and guidelines given by HR.

Figure 1. The Human Rights Center at Bahrain [1].

 

Since the King of Bahrain assumed the throne after his father, he issued most of the laws currently in use through royal decree, as well as issuing legal decrees to a lesser extent. Through such decrees it was agreed to participate in UN agreements related to women’s rights including the convention against torture and others such as cruel treatment, harsh or inhumane penalties and the international convention for the elimination of all types of sexual discrimination. Further it also included the UN convention for children’s rights and participation in the International Labor Organization’s 1999 convention eliminating the worst forms of child labor and the immediate action to abolish it as well as the convention to eliminate all types of discrimination against women. Similarly Bahrain participated in the Optional Protocol regarding involvement of children’ The Bahrain Center for Human Rights , Discrimination Against Women In Bahraini Society & Legislationin armed conflict and the sale of children, child prostitution and child pornography included under the UN convention for Child’s Rights. Ahlia University supports the decisions made by the kingdom of Bahrain and follows the same laws to achieve a life with well-being throughout the community, as well as the implementation of its own policies to generate an egalitarian society.

 

 

Figure 2 .Kingdom of Bahrain new laws, taken from [1]

 

 

 

 

This policy has been created in 2012 and is reviewed in 2017 (every 5 years).

 

Ahlia shall maintain official working hours, regulate and compensate employees for overtime work, observe official holidays, within the provisions of the Bahrain Labour Law and other applicable laws of the Kingdom of Bahrain + a core selection requirements is that the employee should be at least eighteen (18) years of age at the time of recruitment in line with Bahrain Labour Law for the Private Sector - Law No. 36 of 2012 and’ HR P&P’[2]’[3].

 

Last year's actions on this issue have not changed, because Alia University believes that issues such as slavery and trafficking of women must be taken seriously in order for society to be willing to help others rather than for profit.

 

Figure 3 .The Labour law Bahrain, taken from [2]

 

 

 

Policy commitment to no forced labor, no modern slavery and no human trafficking and no child labor

 

Ahlia University is committed to define and execute its policies that do not force labor, promote modern slavery, human trafficking or child labor. Ahlia shall maintain official working hours, regulate and compensate employees for overtime work, observe official holidays, within the provisions of the Bahrain Labor Law and other applicable laws of the Kingdom of Bahrain. Furthermore, a core selection requirements is that the employee should be at least eighteen (18) years of age at the time of recruitment in line with Bahrain Labor Law for the Private Sector’ Section 3 in AU’s HR Policies & Procedures document is dedicated to clarify the ’Candidates’ Selection and Interviewing Criteria’ (Candidates Selection and Interviewing Criteria.pdf) process in details [4].

 

Figure 4. Candidates’ Selection and Interviewing Criteria, taken from [4]

 

Sub-section 3.4.5 defines the following ’Candidates’ Selection Criteria’ [4]:

 

1.       No Child Labor: The candidate should be at least eighteen (18) years of age at the time of recruitment and shall not be more than sixty (60) years of age.

2.       Bahraini Nationals: A prospective Bahraini candidate must be in possession of the proper identification issued by the Kingdom of Bahrain to confirm their nationality before they are considered for employment.

3.       Expatriates: Prospective expatriate candidate must possess a valid passport, (passport shall preferably not have an expiry date within the next six months) or any other acceptable official document permitting international travel. In addition, expatriates’ candidates who are already in Bahrain are eligible for employment only upon obtaining the necessary permits/approvals from the authorities as specified in the labor law.

4.       Be of good conduct and not previously convicted of a crime involving a breach of trust or honor unless rehabilitated or be involved in an on-going legal dispute. Ahlia has the right to request for a Police Clearance Certificate from the selected candidate.

5.       Meet the requirements of the job description, roles, and responsibilities.

6.       Possess the requisite educational qualifications, job experience and personality for a particular job.

7.       Successfully pass the personality, culture fit or technical tests that Ahlia may deem the candidate shall take.

8.       Not have been dismissed from service by a disciplinary decision unless a period of four years has passed since the issue of such a decision.

9.       Be medically fit as certified by the medical authority.

10.   Meet the requirements of the job description, roles, and responsibilities.

11.   Meet guiding principles of Bahrain’s labor laws and regulations.

12.   Not be employed permanently, concurrently, with another employer from which he/she gets a monthly regular salary

 

Candidates not holding the minimum core requirements listed above shall not be short-listed for interview.

 

Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses. Significant human rights issues included: torture and cases of cruel, inhuman, or degrading treatment or punishment; harsh prison conditions, including lack of sufficient access to medical care in prisons; arbitrary detention; political prisoners; arbitrary or unlawful interference with privacy; restrictions on freedom of expression, the press, and the internet, including censorship, site blocking, criminal libel, and arrests stemming from social media activity; substantial interference with the rights of peaceful assembly and freedom of association; overly restrictive laws on independent nongovernmental organizations; restrictions on freedom of movement, including revocation of citizenship; restrictions on political participation; and significant restrictions on workers’ freedom of association.

The government prosecuted low-level security force members responsible for human rights violations, following investigations by government institutions [5]

Figure 5. Bahrain 2020 Human Rights, Taken from [5]

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