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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Nowadays we wanted to know how those who are paying the barber get three months salary.

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Bahrain Labor Law, this considered arbitrary dismissal as the below articles state:
Article (99):
(a) Either party to a contract of employment may terminate it upon giving the other party thirty days’ prior notice and such contract shall remain effective during the notice period and the parties thereto shall be bound by all the obligations arising therefrom. If the contract is terminated by the employer, agreement may be reached that the notice period shall be more than 30 days.
(b) If a contract of employment is terminated without complying with the notice period, the party that terminates the contract shall pay to the other party compensation for such notice period equivalent to the worker’s wage for the entire notice period or the remainder thereof, as the case may be. If the termination takes place by the employer, the notice period or the remainder thereof shall be reckoned as part of the worker’s service period. If termination takes place by the worker, the contract shall be terminated as from the date of leaving his job duties.
(c) If notice of termination of the contract is given by the employer, a worker shall be entitled to absent himself from work for a whole day in every week or for 8 hours during the week to look for another job, provided that absence shall take place at an appropriate time for the conditions of business and the worker shall be entitled to receive his wage for the days or hours of absence.
(d) The provisions of this article shall not prejudice the right of either party of the contract to claim compensation for termination of the contract, if such claim is justified
Article (100):
Notice provided for in Article (99) of this Law shall be in writing and the party that wishes to terminate the contract of employment shall deliver such notice to the other party or his/its representative against obtaining his signature confirming receipt or shall sent such notice by a registered letter with a note of delivery to the most recent address supplied by the other party.
If the party to whom such notice is served refuses to receive it, the other party may prove this event by all means of evidence.
The effectiveness of the notice period shall commence from the date of receiving such notice or refusal to receive it, as the case may. Notice to terminate the contract shall not be conditional upon a suspending or termination clause.
Article (101):
A worker shall be entitled to compensation for the employer’s termination of the contract of employment unless the contract’s termination is due to a legitimate cause.
The onus of proving the legitimacy of the contract’s termination shall rest with the employer.
Article (102):
(a) If an employer gives notice to the worker for termination of the contract of employment during any leave, the notice period shall only be reckoned from the day following the end of his leave.
(b) An employer shall not terminate the contract of employment during the worker’s leave.
Article (103):
Every agreement that exempts an employer contrary to the provisions of this Law from the service of notice or reduction of its period shall be null and void.
If termination of the contract takes place by the worker, an employer may exempt the worker from all or part of the notice period.
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.

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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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