Salam.

Please pay attention to the fact that the legal department and the scope of our work as lawyers and legal advisors is to provide legal advice and respond to all legal issues.

You can submit your inquiry in detail, and we will respond to you as soon as possible, according to the facts presented to us.

Please kindly be informed that referring to the Bahrain Labor Law No. 36 of 2012, doing what the employer has done violates the law and the labor contract, which entails the obligation of the employer to pay compensation to the worker

Thus, you can go to the labor office’s body and send them complaints, detailing the facts of the termination of work that is not legally justified.

Here is the text of the law:

Article 99

a- Either party to the contract may terminate this contract following the notification of the

other party at least thirty days before the date of the termination. The labour contract

remains in force during the notice period and its parties shall execute all of the

obligations arising from it.

If the labour contract is terminated by the employer, an agreement may be made for

increasing the notice period to more than thirty days.

b- If the labour contract is terminated without abiding by the notice period, the party

terminating the contract shall give the other party compensation for this period equivalent

to the worker’s wage corresponding to all or part of said period as the case may be.

If the labour contract is terminated by the employer, the notice period or the remaining

part thereof shall be calculated as part of the worker’s service period. If the labour

contract is terminated by the worker the contract shall be deemed terminated as of the

date of abandonment of the work by the worker.

c- If the employer sends the notice

of termination of the contract, the worker may be absent from work for a whole working

day or for eight working hours per week to search for another job, provided the absence

is suitablewith the work circumstances. The worker shall receive his wage for the

working days or hours of absence.

d- The provisions of this article

shall not prejudice the right of any of the contracting parties to claim compensation for

the termination of the contract if said compensation is due.

Article 100

The notice specified in Article 99 of this Law shall be sent in writing and the party wishing to

terminate the labour contract shall send the notice to the other party or his representative and

obtain his signature as an acknowledgment of receipt or send this notice by virtue of registered

letter with acknowledgment of receipt to the last address provided by the other party.

In cased the party to whom the notice is sent refuses to receive said notice, the other party may

prove this through all means of proof.

The notice period starts as of the date of receipt or refusal of receipt of the notice as the case of

may be.

The notice of termination of the contract may not be subject to a suspensive or dissolving

condition.

Article 101

The worker shall be entitled to compensation for termination by the employer unless the

termination of the contract is for a legitimate reason.

The burden of proof of the legitimacy of termination of the contract shall be borne by the

employer.

Article 102

a- If the employer sends to the

worker a notice of termination of the labour contract during any of the latter’s leaves, the

notice period shall be only calculated as of the day following the end of the leave.

b- The employer may not terminate

the labour contract during any of the worker’s leaves.

Article 103

Any agreement exempting the employer, contrary to the provisions of this Law, from the notice

condition or reducing the period of said notice shall be deemed null and void.

If the worker terminates the contract the employer may exempt him from all or part of the notice

period obligation.

Article 104

a- The termination by the employer

of the labour contract shall be deemed and arbitrary dismissal if the termination is due to

any of the following causes:

1- The worker’s sex, color, religion,

ideology, marital status, family responsibilities,or the female worker’s pregnancy,

delivery of a child, or breastfeeding;

2- If the worker is affiliated to any

workers trade union or participates legitimately in any of its activities in accordance

with the laws and by-laws;

3- If the worker represents workers

in a trade union association, has already enjoyed said capacity or seeks to do so;

4- If the worker submits a

complaint or formal notice or instigates an action against the employer, unless the

complaint,formal notice or action are ofa vexatious nature;

5- If the worker exercises his right

to take a leave in accordance with the provisions of this Law;

6- The garnishment of the worker’s

entitlements with the employer.

b- The Court, based on the

dismissed worker’s request, shall order that the latter be brought back to work when it is

evidenced to it that his dismissal was due to one of the causes specified in item 2 and 3 of

the previous paragraph.

Article 105

The worker may terminate the labour contract without any notification in any of the two

following events:

1- If the employer or any of person

acting on his behalf assaults the worker, during or as a result of the work, whether

verbally or through an act sanctioned by virtue of the law.

2- If the employer or any of his

representatives commits an act prejudicing ethics against the worker or any of his family

members.

The termination of the labour contract in these two cases shall be deemed an arbitrary dismissal

by the employer.

Article 106

The worker may terminate the labour contract following the employer’s notification in any of the

two following events:

1- The violation by the employer of an essential obligation specified by virtue of the law,

the labour contract or the work regulations at the establishment;

2- If the employer or his representative deceives the worker as to the working conditions or

circumstances, when said deception is so serious to the extent that otherwise the labour

contract would not have been concluded.

The worker, before sending the notice of termination of the labour contract, must request the

employer in writing to remedy the violation or deception within a time-limit not exceeding thirty

days as of the date of submittal of the request. If said time-limit elapses without any response by

the employer to said request, the worker shall have after sending the abovementioned notice, the

right to terminate the labour contract. Such termination of the labour contract shall be deemed

lacking a legitimate reason by the employer if the worker’s allegations are evidenced.

Article 107

The employer may terminate the labour contract without notice or compensation in any of the

following events:

1- If the worker has assumed a false identity or submitted false certificates or

recommendations;

2- If the worker has committed any fault which caused serious material loss to the employer,

provided that such employer shall report the matter to the competent authorities within

two working days as of the date on which the occurrence of this serious material loss was

brought to his knowledge;

3- If the worker, despite a written warning, fails to comply with written instructions which

are required to the observed for the safety of workers and the establishment, provided that

such instructions are written and posted up in an apparent location at the workplace;

4- If the worker is absent without reasonable cause for more than twenty non-consecutive

days or for more than ten consecutive days in one year, provided that such termination

shall be preceded by a written warning by the employer to the worker after an absence of

ten days in the former instance and an absence of five days in the latter instance;

5- If the worker fails to perform his essential obligations by virtue of the labour contract;

6- If the worker discloses the secrets related to the work without a written authorization by

the employer;

7- If a final judgment was rendered against the workerfor an offense or a misdemeanor

prejudicing honor, trust or public ethics;

8- If the worker is found during the working hours to be under the apparent influence of

alcohol or drugs; or if he has committed an immoral act at the workplace;

9- If the worker assaults his employer or his responsible official or commits a serious assault

upon any of the workers or clients at the establishment during or as a result of the work;

10- If the worker fails to abide by the controls set by virtue of the law on the exercise of the

right to strike;

11- If the worker is incapable of performing the work subject of the labour contract for

reasons related to him such as the cancelation of his work permit or the loss of his

qualifications authorizing him to exercise the work agreed upon;