Section III:
The right to work: domestic and foreign workers rights
1. T
he right to work is one of the most important human rights, which requires the basics that enable
individuals to exercise it, where the individual cannot enjoy an adequate standard of living without
the presence of the basics, most notably the right to work, which is truly required by human dignity
and public good in society according to economic principles and rules of social justice between the
work parties.
2. T
he Constitution of the Kingdom of Bahrain guaranteed the right to work in Article No. (13), which
stipulates that: “(a). Work shall be the duty of every citizen necessitated by personal dignity and
the public good. Every citizen shall have the right to work and to choose his type of work in
accordance with public order and moral standards. (b). The State shall ensure that work is made
available to the citizens and that its terms are equitable. (c). No forced labour shall be imposed
on anyone except in the circumstances specified by the law for national emergency and with just
remuneration, or as an implementation of a judicial decision. (d). Relations between employers
and employees shall be regulated by the law on an economic basis, due regard being given to the
principles of social justice.”
3. On the level of National Legislation, Law No. came (19) of 2006 regarding organizing the labor
market included regulating the work of foreign workers in order to work and earn a living. On
the other hand, the labor law in the civil sector No. (36) for the year 2012 regulates the relationship
between the worker and the employer, stating the rights and obligations for each towards the
other so as to guarantee that workers enjoy appropriate rights and privileges and legal measures.
A decision by the Ministry of Labour and Social Development No. (4) for the year 2006 clarifies
the obligations of employers in the private sector to transfer their workers’ salaries to the banks,
and Law No. (1) for the year 2008 on combating human trafficking, some of whose provisions
included the need to provide protection for foreign workers who have been exposed to the crime
of trafficking, through the provision of legal protection and the prevention of damage caused by
it. This is to be done through a committee called “Committee for assessing the status of foreign
victims of trafficking in persons.”
4. A
t the level of international instruments, the International Covenant on Economic, Social and Cultural
Rights dealt with the right to work, which the Government of the Kingdom of Bahrain joined under
Law No. (10) for the year 2007 in articles (6.7): The States Parties to the present Covenant recognize
the right to work, which includes the right of everyone to the opportunity to gain his living by
work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.
Also, the States Parties to the present Covenant recognize the right of everyone to the enjoyment of
just and favourable conditions of work which ensure, in particular: Remuneration which provides
all workers, as a minimum, with: (i) Fair wages and equal remuneration for work of equal value
without distinction of any kind, in particular women being guaranteed conditions of work not
inferior to those enjoyed by men, with equal pay for equal work; (ii) A decent living for themselves
and their families in accordance with the provisions of the present Covenant;(b) Safe and healthy
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