4.7
Regarding the rights of expatriate workers9, the Labor Market Regulatory
Authority (LMRA) adopted the new and mandatory Tripartite Domestic
Contract, which regulates the relationship between the employer (household),
the owner of the employment office and the domestic worker, which was
based on the outputs of the workshop on employment offices, in which the
NIHR, employment offices, and a number of relevant civil society
organizations have participated. The tripartite domestic contract guarantees
the rights of all parties.
4.8
With regard to the rights of domestic workers,10 and since the provisions of
the Labor Law in the Private Sector are not applicable to domestic workers
and their likes, save for a number of articles that dealt with some rights, the
NIHR calls for, and emphasizes the need for, having a legislation that
regulates the affairs of domestic workers and employment offices as well as
their rights and obligations.
4.9
Recommendations:
a. Make the necessary amendments to the provisions of Law No. (36) of
2012 issuing the Labor Law in the Private Sector so as women working
in the private sector (private) are at a par with their counterparts
working in the civil service (public sector) with regard to granting them
child care leave to breastfeed their children.
b. Call for the prompt issuance of a draft law on domestic workers
(prepared in light of the proposed law submitted by the Council of
Representatives), to explicitly include the rights and obligations of the
relevant parties.
c. Accede to the International Labor Organization Convention No. (100) of
1951 regarding the equal remuneration for work of equal value
independent of whether it is performed by men or women.
d. Take legal measures against employers who are proven to make
arbitrary salary payments or defer the payment of wages for workers,
and take preventive administrative measures to prevent such cases,
including the mandatory transfer of wages into the workers' bank
accounts.
It is not permissible to combine the two scheduled rest hours with the other hours of care
mentioned in this by-law".
9
The Fifth Annual Report of the National Institution for Human Rights for the year 2017, and the
Sixth Annual Report of the National Institution for Human Rights for the year 2018, are published
on the NIHR’s website: Annual Reports Section: www.nihr.org.bh
10
The NIHR referred its advisory opinions to the Council of Representatives on the draft law
regarding domestic workers (prepared in light of the proposed law submitted by the Council of
Representatives), and these opinions were incorporated in the fourth and fifth annual reports of
the National Institution for Human Rights for the years 2016 and 2017, respectively, published
on the NIHR’s website: Annual Reports Section: www.nihr.org.bh
12