8.2.2 Does your university as a body recognize unions & labour rights (freedom of association & collective bargaining) for all, including women & international staff?

Part Fourteen: Collective Labour Relations

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

 

Chapter One: Collective Bargaining

Article (137):

Collective bargaining is a dialogue and discussions that take place between one organisation or more of trade union organisations and between an employer or group of employers or one organisation or more of such organisations for the following purposes:

1. Improvement of the working terms and conditions and the employment provisions.

2. Seeking to achieve social and economic development for the establishment’s workers.

3. Settlement of collective labour disputes that arise between workers and employers.

4. Regulating the relationship between workers and their organisations and employers and their organisations.

Article (138):

Collective bargaining shall take place on the establishment’s level, on the business, industrial or professional level or on the national level.’

If bargaining takes place on the establishment’s level, bargaining shall be between the employer or his representative and the trade union organisation that represents the workers.

If bargaining takes place on the business, industrial or professional level, bargaining shall be between the concerned organisation that represents employers and the relevant organisation that represents the workers.

If bargaining takes place on the national level, it shall be between the Bahrain Chamber of Commerce and Industry (BCCI) and the General Federation of Bahrain Workers Trade Unions (GFBWTU).

Representatives of each side shall be deemed legally authorised to engage in bargaining and to conclude the agreement reached between them.

Article (139):

Each party to collective bargaining shall submit the details and information requested by the other party where such details and information are fundamental to the issues subject to negotiation.

Article (140):

In the course of collective bargaining, an employer shall not adopt any decisions or actions related to the topics subject to bargaining except in the case of exigency and urgency, provided that such measures or resolutions are of a temporary nature.

Article (141):

If collective bargaining succeeds, a collective contract of employment shall be concluded on the basis of the agreement reached according to the provisions of Chapter Two of this Part. However, if no agreement is reached, either party may request the Ministry to refer the matter to the Collective Disputes Settlement Board or the Arbitration Board, as the case may be, according to the provisions of Article (158) of this Law.

Professional Development

https://www.ahlia.edu.bh/professional-development/

 

Professional development at Ahlia University is recognized as an integral part of overall organizational development.
It is recognized as central to the enhancement of the quality, effectiveness and outcome of the university programs.  Ahlia University acknowledges that employees are the most valuable asset as such their continuous professional development is crucial to successful achievement of strategic goals.

Ahlia University is strongly committed to the professional development of the employees of various categories. The university is also committed to adhere to the standards set by the Higher Education Council (HEC) to spend a specific amount of its net revenue on professional development activities. This is manifested in its strategic plan as professional development is recognized as one of the important areas of consideration at strategic, operational, departmental and individual levels.

By training, developing, coaching and mentoring of various categories of employees, Ahlia University promotes excellence to ensure maximum impact on student learning.

Professional development also demonstrates a strong commitment of the University to develop and retain talented employees, encourages a culture of continuous learning and incremental performance improvements; and supports the employees to reach their full career potential.

Professional development in Ahlia University follows a systematic approach from the identification of professional development needs to the delivery of well-designed developmental activities that are aligned with those needs.  Annual Professional development plan preparation and implementation is coordinated by the HR Directorate.  All employees are encouraged to participate in the needs identification, suggestion of professional development activity, or participating in delivery of a professional development activity.

Professional development activities range from one hour symposium, interactive workshops, local or international conference, to educational opportunity toward a higher degree. Provision of professional development activities is done both internally through various colleges or centralized through HR directorate department and externally through collaboration with other institution or external provider. Request for professional development activity is to be done through Training Request Form (to be uploaded)

→ Annual professional development plan

Generally, contributes to the achievement of all university strategic goals and specifically to achievement of strategic goals 6 to ’Attract and retain a motivated, highly qualified and experienced faculty and administrative staff who are committed to achieving the mission of the university’ KPI 2.3, 2.4, 2.5.

Professional development plan include wide variety of activities usually identified based on the following:

1.      Training Need analysis

2.      Interviews/meeting with College deans and directors

3.      Consultation with staff at various level

4.      Faculty evaluation outcome

5.      Budgeting exercise

6.      Matters arising from various activities/exercises

 
Activities are categorized into groups as follows:

1.      Teaching Learning

2.      Teaching Aid and computer skills

3.      Research

4.      Administrative skills

5.      Others

On July 26, 2012, the King of the Kingdom of Bahrain issued a new labour law No. 36 of 2012 replacing the old labour law (No. 23 of 1976). The new law has been aligned with several Arab and international labour treaties and conventions to which Bahrain is a signatory and which have come into effect over the last 36 years.

The new law revitalises the private sector Labour Market by giving more rights to employees, such as improving the working conditions, creating a better investment, preventing human trafficking by introducing and imposing clear contractual terms for employing domestic staff, prohibiting discrimination practices such as discrimination in the payment of wages based on sex, ethnic origin, language, religion or beliefs’etc

The law also introduced enhancements in terms of annual leave, maternity leave, sick leave entitlement, labour disputes resolution and other topics [1].

This is a document that Ahlia University takes into account for its policies.

Figure 1. Taken from [1]

 

 

Ahlia University Policy of Human Resources

https://www.ahlia.edu.bh/human-resources-directorate/

 

To protect the human rights of staff, employees, the university has a human rights policy in which the purpose is to provide Ahlia University with a useful guide which is standardized and equitable for management of the personnel working for the Organization. Ahlia University’s goal is to define working conditions that are recognized as impartial and that encourage staff to demonstrate a sincere sense of interest and pride in the Organization and its work program, and to use their best skill sets to fulfil the role assigned to them.

 

This Policy aims to provide Ahlia University with a useful guide which is standardized and equitable for

management of the personnel working for the Organization. Ahlia University’s goal is to define working conditions that are recognized as impartial and that encourage staff to demonstrate a sincere sense of interest and pride in the Organization and its work program, and to use their best skill sets to fulfil the role assigned to them.

 

 

 

Through its ideals of social justice and respect of human rights, Ahlia University pursues the well-being of vulnerable populations who are living in conditions of poverty or have been affected by war, natural calamities and environmental disasters. This is achieved, also at an international level, by carrying out works of humanitarian aid, in the context of both emergency situations and in terms of development in supporting the weakest categories, in particular children, women, the elderly and marginalized people, supporting them in achieving their aims with the objective of promoting self-sufficiency and sustainability in the future. AU considers that as an institution it must comply with the rights of all its workers, as well as provide sufficient tools so that in case of problems each member of the staff can present their case to the highest authority of the university and be treated with the seriousness that the In this case, AU rejects discrimination of all kinds and is in favor of its workers having the best working conditions and in case of abuse or violence, the university will review the problem through the spokesperson that the employees.

 

 

4^th Equal Opportunities Conference

https://www.ahlia.edu.bh/4th-equal-opportunity-conference/

The emergence of Covid19 and the resultant public health crisis has brought societal inequalities into sharp relief. How different countries have chosen to respond is not only shaping the current moment but is also having a crucial impact on the shape of the future; on who has access to vital resources and who is denied. This year’s conference will focus on the way in which the global pandemic is shaping our collective futures in new and unexpected ways and what that means to the ongoing objective of equal opportunities. More specifically how has and how should activity in the fields of health, education, law and business respond to what might be considered a pivotal moment that will set the direction and economic & social impacts for the coming decades.

 

Bahrain labor Law

https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=91026

In the same way, The AU recognizes in line with the Bahrain Labor Law for the Private Sector - Law No. 36 of 2012 and HR P&P.

 

 

’’’’

Chapter 16: Conciliation and Arbitration in Collective Labour Disputes

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

 

Article 133

If any dispute arises between an employer and all his workers, or any category thereof, concerning employment or the conditions of employment and the parties thereto fail to settle such dispute, it shall be settled by conciliation and arbitration upon a written application lodged by any of the two parties with the Ministry of Labour and Social Affairs. Whenever such application is lodged by an employer it shall be signed by him personally or by his duly authorized representative. Alternatively, whenever such application is lodged by the workers, the application shall be lodged by the majority of them or by the majority of the workers of the section concerned with the dispute in the establishment. The Ministry of Labour and Social Affairs may, whenever it apprehends the existence of a labour dispute, endeavour to settle the matters in dispute by conciliation and arbitration without prior application being lodged by either of the parties thereto.

Article 134

A mediator appointed by the Minister for Labour and Social Affairs shall convene a meeting urgently of representatives of the two parties and endeavour to settle the dispute amicably in the light of the statements made by them. A mediator may institute any inquiries which he considers necessary to his efforts of conciliation and may seek the assistance of any person. He shall record in writing a proc’s-verbal of his proceedings and the result of his mediation.

Article 135

If the mediator succeeds in settling the dispute, in whole or in part, he shall record in writing three copies of a formal statement of such agreement reached which shall be signed by him and by the representatives of the two parties thereto. One copy thereof shall be handed to each of the two parties concerned and the third copy shall be retained by the Ministry of Labour and Social Affairs.

The said process-verbal formal statement shall acquire the executory force of final judgement upon an executory clause being endorsed therein by the Clerk's Section of the Senior Civil Court. In the event that the mediator fails to settle the dispute entirely within a period of fifteen days of receipt of the application for conciliation by the Ministry of Labour and Social Affairs, he shall record in writing a statement of the outcome of the conciliation proceedings and the reasons for the failure thereof. The Ministry of Labour and Social Affairs shall transmit all the documents relating to the dispute to the Ministry of Justice and Islamic Affairs for submission to an Arbitration Board.

Article 136

An Arbitration Board shall be appointed as follows:

1. three judges of the Senior Civil Court nominated by the Minister for Justice and Islamic Affairs at the commencement of each judicial year.

2. a representative of the Ministry of Labour and Social Affairs nominated by the Minister concerned from amongst senior officers of that Ministry.

3. a representative of the Ministry or Commerce and Agriculture nominated by the Minister concerned from amongst the senior officers of that Ministry.

4. a representative on behalf of the workers nominated by them from amongst workers who are not directly related to such dispute; if the workers concerned fail to nominate their representative within the time fixed by the chairman of the Arbitration Board, he shall himself nominate such representative on their behalf;

5. a representative on behalf of the employer concerned, nominated by him, from amongst employers who are not directly related to such dispute.

The most senior judge shall act as chairman of the Arbitration Board.

Members of the Arbitration Board, other than the judges, shall participate in its deliberations without being empowered to offer any opinion upon its decisions. The Arbitration Board shall convene its meetings in the Ministry of Justice and Islamic Affairs. The meetings of the Arbitration Board shall be valid notwithstanding the absence therefrom of both or either the representatives of the workers or of the employer concerned. The parties to the dispute shall bring their representatives on the day fixed for the examination of such dispute.

Article 137

The Chairman of an Arbitration Board shall convene a meeting to examine the dispute within a period of not more than fifteen days from the date of receipt of the documents relating thereto. The date of such meeting shall be communicated to the members thereof and to the two parties concerned at least three days prior to the date arranged for the meeting. A meeting of the Arbitration Board shall be attended in person by the two parties concerned or by lawyers duly authorized by them to act on their behalf before the Arbitration Board. An Arbitration Board shall deliver its award upon a dispute within a period not exceeding one month from the commencement of the hearing thereof. An Arbitration Board may decide to hear witnesses, delegate persons having expertise, inspect factories and work places, examine all documents and books of accounts relating to the dispute and take all measures to effect a settlement of the dispute. The said Arbitration Board may impose the penalties prescribed by the existing laws upon any person who fails to lodge the documents and notes required in support of his claim or upon any witness who fails or who refuses to attend before the Board without reasonable cause or who refuses to tender the oath or to answer questions provided that the provisions of the Code of Civil and Commercial Procedure shall be observed in respect of proof by submission of evidence.

Article 138

An Arbitration Board shall apply the statutory laws in force, and general and regulatory Orders, and may take due account of custom and the principles of equity to accord with the economic and social circumstances of the State. The award of an Arbitration Board shall be passed by a majority vote of the judges who are members of the Board and shall state the reasons for such award. Whenever an award is made differing from the opinion held by any of the other members of the Board, such dissenting opinion shall be recorded in the award together with the reasons for its exclusion therefrom.

An award shall be deemed to be a final judgement made by the Senior Civil Court upon an executory clause being endorsed therein by the Clerk's Section of such Court. Either of the two parties to the dispute shall be entitled to submit the dispute again to an Arbitration Board after the elapse of at least one year from the date of implementation of the award provided that substantial changes justifying such action have occurred in the terms and conditions of work. The Ministry of Justice and Islamic Affairs shall, within three days from the date of making an award, transmit a copy thereof to the two parties to the dispute. The said Ministry of Justice and Islamic Affairs shall transmit the file of the dispute concerned, after having notified the two parties thereto, to the Ministry of Labour and Social Affairs which shall record the award in a special register and maintain the file in its archives, and extracts thereof shall be made available to those persons concerned in accordance with the Orders regulating such matters made by the Minister for Labour and Social Affairs.

Article 139

The provision relating to the rectification or interpretation of court judgements prescribed in statutory laws shall be applicable to the awards made by an Arbitration Board. The provisions of statutory laws relating to the recusation of judges shall be applicable to members of the Arbitration Board other than the judges.

Article 140

When an application for conciliation is submitted, the workers concerned are prohibited from abstaining from work either totally or partially; similarly an employer is forbidden to stop the work either wholly or partially but subject to the following Article of this Law.

Article 141

The Minister for Labour and Social Affairs shall make an Order establishing a committee which shall consider applications submitted by establishments requesting permission to stop work either totally or partially. The said Order shall determine the functions of the committee, the procedures thereof and the Ministries to be represented therein.