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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Hi
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Bahrain
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Not yet
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Is it legal to terminate staff due to covid 19?

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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 this is not permissible and is considered an arbitrary dismissal, as the provisions of the Labor Law stipulate the right of the worker to compensation for arbitrary dismissal as follows:
Article (104)
A) The termination by the employer of the employment contract shall be regarded as an arbitrary dismissal of the worker if the termination is due to any of the following:
(1) sex, color, religion, creed, social status or family responsibilities, pregnancy, birth or breastfeeding of a working woman;
2) The worker's affiliation to a trade union or his legitimate participation in any of its activities in accordance with the laws and regulations.
3) Representing the workers in a trade union organization or having previously exercised such status, or seeking to represent the workers.
4) to file a complaint, a communication or an action against the employer, unless the complaint, communication or suit is malicious.
5) The worker shall use the right to leave in accordance with the provisions of this law.
6) Signing of the employee's entitlements to the employer.
(B) The Court shall, at the request of the dismissed worker, return him to his work if it is established that his dismissal from work was for any of the reasons provided for in paragraphs (2) and (3) of the preceding paragraph
Article (105):
A worker may terminate the contract of employment without notice in any of the following events:
1. Assault by the employer or his representative against the worker, during or because of the work, by words or deeds that are punishable by law.
2. An act committed by the employer or his representative that is considered as immoral against the worker or a member of his family.
Article (106):
A worker may terminate the contract of employment upon giving notice to the employer in any of the following events:
1. Employer’s breach of any material obligation provided for by the law, contract of employment or regulations of work in the establishment.
2. Fraud by the employer or his representative towards the worker with respect to the employment terms and conditions where fraud is of such magnitude without which the contract would not have been concluded.
Article (111):
(a) If an employer terminates the contract of employment for indefinite duration within the first 3 months from the effective date thereof, the worker shall not be entitled to any compensation unless the termination is an unfair dismissal according to any of the provisions of Articles (104) and (105) of this Law. In this case, a worker shall be entitled to compensation equivalent to one month’s wages.
(b) If an employer terminates the contract of employment for an indefinite duration without cause or for an unlawful cause three months after the commencement of employment, he shall compensate the worker by the equivalent of two days’ wages for each month of service and at no less than one month’s wages up to a maximum of twelve months’ wages.
(c) If an employer terminates the contract of employment for a definite duration without cause or with an unlawful cause, he shall compensate the worker at the equivalent of the wages for the remaining period of the contract unless the parties mutually agree at a lesser compensation, provided that the agreed compensation shall not be less than three months’ wages or the remaining period of the contract, whichever is less.
(d) If an employer terminates the contract of employment entered into for performance of a specific work without cause, or with an unlawful cause, he shall compensate the worker by the equivalent of the wage for the remaining period required for completion of the agreed work according to the nature of such work unless the parties agree upon a lesser compensation, provided that the agreed compensation shall not be less than 3 months’ wages or the remaining period thereof required for performance of the work, whichever is less.
(e) In the cases provided for in Sub-paragraphs (a) and (b) of this Paragraph, if the contract termination is considered as unfair dismissal according to the provisions of either Articles (104) and (105) of this Law, the worker shall be entitled to an additional compensation equivalent to one half of the compensation due according to the provisions of this Article unless the contract provides for a higher compensation.
(f) For the purposes of this Article, fractions of a month shall be deemed as a complete month.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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