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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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HiMy last working day in my company was on 31st...

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HiMy last working day in my company was on 31st August, I have been working for 18 years in the company and have not received my final settlement
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Bahrain
Lawyer's Assistant: Has anything been filed or reported?
I have reported to labour ministry
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Are you from Bahrain

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Please kindly note that according to the data received by us in your inquiry regarding the end of service gratuity according to the Bahraini Labor Law, here the worker has the right to obtain the end of service gratuity immediately upon the end of the work, and if the employer refuses to pay it to the worker, a complaint can be submitted to the workforce as it is the competent authority to end and handle the matter Forcing the employer to pay and if it is unable to do so, the matter is referred to the court to issue a judgment in favor of the worker that can be executed against the employer
***For the first three years, the compensation will be half the monthly salary for each year, and for the years after that, the compensation will be a full month’s salary for each year.
Please keep in mind that the amount is calculated based on the basic salary only.
We would like to inform you that according to what was mentioned in you inquiry and according to Bahraini Labor law which stipulates that in Article 116:
The worker not subject to the provisions of the Social Insurance Law shall be entitled upon the termination of his contract to a reward equivalent to the wage of half a month for each year of service for the first three years and the wage of one month for each subsequent year. The worker shall be entitled to a reward for the fraction of a year pro rata the period of service he spent with the employer.
Article 111:
a- If the employer terminates the indefinite labour contract within the first three month as of the start of work, the worker shall not be entitled to any compensation, unless the termination is an arbitrary dismissal in accordance with any of the provisions of Articles 104 and 105 of this Law and in this case the worker shall be entitled to a compensation equivalent to a one month wage.
b- If the employer terminates the indefinite labour contract for no reason or for an illegitimate reason following the expiry of three month as of the date of start of work, he shall undertake to compensate the worker with a compensation equivalent to the wage of two working days per each month of service, with a minimum of one month wage and a maximum of twelve months wage.
c- If the employer terminates the definite labour contract for no reason or for an illegitimate reason, he shall undertake to compensate the worker with a compensation equivalent to the wage of the remaining period of the labour contract, unless the parties agree on a lesser compensation provided the compensation agreed upon does not fall below the wage of three months or the wage for the remaining period whichever is lesser.
d- If the employer terminates the labour contract concluded for the performance of a specific work for no reason or for an illegitimate reason, he shall undertake to compensate the worker with a compensation equivalent to the wage of the remaining period of the labour contract necessary for the completion of the work agreed upon according to the nature of the work, unless the parties agree on a lesser compensation provided the compensation agreed upon does not fall below the wage of three months or the wage for the remaining period necessary for the completion of the work agreed upon whichever is lesser.
e- In the cases specified in paragraph (a) and (b) of this Article, if the termination is deemed an arbitrary dismissal in accordance with the provisions of Articles 104 and 105 of this Law, the worker shall be entitled to an additional compensation equivalent to half the compensation due in accordance with the provisions of this Article, unless the contract provides for a higher compensation.
f- For the purpose of this Article, a fraction of a month shall be deemed a whole month.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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