8.2.5 Does your university as a body have a policy on guaranteeing equivalent rights of workers if/when outsourcing activities to third parties?

 

Ahlia University Gender Equality Work Policy

Pdf attached in evidence file

 

Work with gender equality is a strategic matter for the Ahlia University, which has undertaken to ensure that gender equality permeates all its activities. This also applies to faculties, museums and centres. Gender equality is about democracy and fundamental human rights, but also about the quality of our activities at the Ahlia University and our legitimacy in society as the country’s foremost institution for research, education and dissemination.

 

 

Figure 1. Ahlia University Policy of Gender Equality Work, taken from [1]

’

 

For Ahlia University the Gender Equality Work is a process that involves:

 

Figure 2. AU Policy of Gender Equality Work - Objective, taken from [1]

 

Policy on guaranteeing equivalent rights of workers if/when outsourcing activities to third parties

Pdf attached in evidence file

 

One of Ahlia's criteria is to ensure that the outsourcing company is officially registered in Bahrain, well known and legal Ahlia University is committed to define and execute its policies, part of which is policies and regulations related to ’Secondment’.

 

Chapter 3 in AU’s HR Policies & Procedures document explains ’Staff Exchange’ policies ’(Candidate Sourcing.pdf)’[2].

 

Internal sources:

’○ When recruiting for a specific vacancy, internal sources shall be utilized. Vacancies shall be advertised internally using Ahlia official email.

The two ways a role can be filled internally include:

♦ Promotions: Giving the employee greater responsibilities that may be associated with pay increase, which represents an excellent way to encourage high performance and instil long term commitment from employees. This shall require approvals of the respective Dean/Director, HR Director and President. In case of a difference in opinion, the President/Chairman decision shall be final.

♦ Transfers: Re-allocating employees may take place from one function to another, based on mutual agreement between the Colleges/Directorates and their direct supervisors, with no impact on the individual’s salary, level or grade, if the nature of the jobs is similar. Employees above shall obtain approval of their immediate superior and Dean/Director

♦ All transfers and reallocations require an approval of the HR Director and President.

♦ An employee shall be considered eligible for internal transfer if the employee fulfils all of the following criteria:

’ Minimum service of one year in current position.

’ At least good rating in last performance evaluation exercise.

’ No disciplinary action within the past six (6) months.

’ Meet the requirements (qualification/experience/fitness level) of the position.

○ If a competent employee is available at Ahlia within a function, the designated Dean/Director shall notify HR Director with the recommendation for promotion/transfer.

○ The period during which a vacancy is sourced exclusively by internal means is to be limited to a tight timeframe of up to 2 weeks, i.e., 10 working days.

 

Figure 3. Candidate Sourcing, taken ’from’[2]

 

Section 3.2 clarifies the 2 types of ’Outsourcing or Secondment’ as well as the terms that guarantee equivalent rights for the secondee:

1.       Secondment

 

Policy

Secondment is used for different purposes such as staff development, carrying out certain projects or assignments, keeping abreast of academic, technological or professional advancement, and also to exchange experience with the University partners’[2]

 

Guidelines

There are two types of Secondment:

 

1. Secondment out of the University

’ An employee is placed with another organization for a specified period and will return to duty at the University at the end of that period.

’ The Secondment agreement will be signed by the secondee in which details of payment arrangement, terms and conditions, and duration of the Secondment will be identified. The agreement should specify arrangements for the secondee to return to his/her original position at the University at the end of the secondment period. The employee’s position, which becomes as a result of the secondment, will be filled by another staff member during the secondment period.

’ Secondee’s payment during the secondment period will be normally covered by the University which will continue to pay the staff member, and then invoice the host organization for reimbursement and other associated costs’[2].

2. Secondment into the University

’ A person may be seconded to the University for the same reasons as indicated above. Like our secondment, an agreement must be signed by the releasing organization specifying terms and conditions, secondment duration, and ways and means to be applied for paying the Secondee.

’ The agreement shall specify that the secondee will return to the releasing organization at the end of the secondment. Payment to the individual being seconded into the University is normally handled by the releasing organization continuing to pay the individual. The University will be invoiced for the same amount in addition to any other associated costs incurred.

’ The Human Resources Directorate should make sure that the agreement is signed by the employee being seconded, the host organization and the University’[2].

 

2.       In all cases, the secondment agreement should contain the following information:

 

’ Name, title, and address of the seconded person.

’ Name and address of the host organization.

’ Duration of the secondment.

’ Position description outlining the seconded person’s duties.

’ Arrangement of employee payment.

’ Terms and conditions of engagement (such as leave).

’ Details of termination of secondment.

’ Details on how unsatisfactory performance will be handled.

’’’’

’Employment contract’ includes all conditions practiced without any discrimination:

Part Three Individual Contract of Employment

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

Article (19):

A contract of employment shall be in writing, in Arabic, recorded in duplicate, one copy of which shall be retained by each of the parties thereto. If a contract is drawn up in a language other than Arabic, it shall be accompanied by an Arabic version thereof. If a contract refers to an internal regulation, it shall be attached to the contract of employment and shall be signed by both parties to the contract to be admitted in evidence. In the absence of a written contract, the worker alone may establish all his rights by all methods of evidence.

Article (20):

A contract of employment shall contain the material details of the parties to the contract especially the following particulars:

1. Employer’s name, the address of the business premises and commercial registration number.

2. Worker’s name, date of birth, qualifications, position or occupation, residential address, nationality and personal particulars of identification.

3. The nature, type of employment and term of the contract if it is for a definite term.

4. The wage agreed upon, method and time of payment, and all the cash and in kind benefits agreed upon.

5. Other particulars to be determined by a resolution of the Minister.

Article (21):

(a) A worker may be employed under a probationary period if expressly provided for in the contract of employment, provided that the probationary period shall not be more than 3 months. However, a probationary period may be increased up to a maximum of six months in respect of the occupations to be determined by a resolution of the Minister. The probationary period shall not be recognized unless expressly provided for in the contract of employment.

(b) Either party to a contract of employment may terminate it during the probationary period if it becomes evident that its continuance is not appropriate, provided that the party terminating the contract gives at least oneday notice to the other party.

(c) No worker shall be employed under probation more than once by the same employer.

Article (22):

No employer shall contravene the conditions laid down in the individual or collective contract of employment nor shall he require any worker to perform any work which has not been agreed upon or which is not in accordance with the terms of the contract unless necessitated by an urgent emergency for preventing an accident, repairing whatever may arise therefrom or in case of force majeure provided that such change shall be on a temporary basis. An employer may assign to a worker work other than that previously agreed upon, provided that it does not differ basically therefrom and is not intended to prejudice the worker’s rights. An employer may train and qualify the worker to perform different job duties from the work originally agreed upon to keep abreast of technological development in the establishment, provided that notice shall be given to the concerned Ministry and the relevant trade union.