the worker to leave or to travel, the NIHR prefers to amend the texts of clause (d) of Article (12)
and Article (21) or merge them, and include the consent of the owner of the household or the office,
as the case may be, while keeping the worker’s right to appeal to the Workers Affairs Committee
stipulated in Article (15) of the draft law upon rejection, to ensure fairness. In addition, the above
Article, ignored to mention the commitment of the worker to perform the work entrusted to him/
her at the owner of the household only.
12. Accordingly, the NIHR would prefer to indicate the expenses, which the worker is obliged to refund
in accordance with clause (c) of the above article without generalization; and amend clause (d) of
the same article to comply with the provision of Article (21) of the draft law, as previously noted.
The NIHR emphasizes the importance of introducing a final clause in the article in question that
requires the worker to perform the work entrusted to him/her for the employer only.
13. Article (17) of the draft law stipulates that, “In the event of any complaint or information relating
to violation of the worker’s rights or the obligations of the owner of the household or the worker,
the Authority shall take the following measures: (a) Summon both, the owner of the household
and the worker to the Authority to resolve the complaint amicably. (b) If the complaint pertains
to the dwelling place of the worker, such place shall be inspected by two work inspectors (a male
and a female) to ensure that the provisions of this law are applied, after obtaining the approval of
the owner of the household. (c) If the owner of the household objects to the inspection referred
to in paragraph (b) of this article such act shall constitute a presumption against the owner of the
household on which the Authority shall base the reasoning of its decision in the complaint. (d)
If the inspection provided for in this article indicates the existence of any violations, the owner
of the household shall be warned to remove such within one week from the date of the warning.
Otherwise, an arrest report shall be issued against him/her and the necessary procedures
stipulated in the applicable Labor Law for the Private Sector shall be taken.”
14. The NIHR considers that the above article, although in essence, regulates the procedures to be
followed in the event of a complaint of violation of the worker’s rights. However, clause (b) has
went beyond the limits of regulating and violated the privacy guaranteed by the Constitution of
the Kingdom of Bahrain for dwellings in Article (25), which states that, “Dwellings are inviolable.
They cannot be entered or searched without the permission of their occupants; exception in cases
of maximum necessity as laid down and in the manner provided by law.”
15.
In addition, the text of Article (17) of the International Covenant on Civil and Political
Rights, to which the Kingdom of Bahrain has acceded under Law No. (56) of 2006, states that,
“ (a) No one shall be subjected to arbitrary or unlawful interference with his privacy, family,
home, or correspondence, nor to unlawful attacks on his honor and reputation. (b) Everyone has
the right to the protection of the law against such interference or attacks.”
16. On the other hand, conducting an inspection, even if an entity other than the judiciary issues it
and acquired an administrative character, yet, in its nature, it is considered an act of investigation,
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