A proposed change to the law that would have forced employers to release expatriate staff before Bahrainis in the event of financial difficulties or restructuring has been scrapped.

The Shura Council pulled the plug on the amendment to the Private Sector Labour Law yesterday (January 18), said a report in the Gulf Daily News (GDN), our sister publication.

It was originally proposed by MPs despite strong objections from the Labour Ministry, which warned that it breached International Labour Organisation (ILO)'s bylaws against discrimination.

“Parliament's amendments would not serve the purpose of allowing businesses or industries to function properly, as it would affect the owners' visionary and organisational authority to make arrangements in case of partial closure, downsizing or replacements to production lines,” said Shura Council services committee secretary Fatima Al Kooheji.

“Owners or deputised managers are the only ones with the right to take appropriate action for the continuation of work or the existence of the establishment.

“Employers have the right to distinguish the level of qualifications and experience that their employees possess and whether they need to continue or be made redundant.

“The establishment may require some of the least needed Bahrainis gone and this is all dependent on assessment and flexibility.”

Al Kooheji also said the amendment contradicted ILO bylaw 111 against discrimination in the workplace.

“Bahrain has signed that clause in 2000 and it disallows discrimination or favouritism whether on colour, ethnicity, sex, religion, political affiliation or national or social origin,” she said.

“Equal work opportunities means equal dismissal on the basis of input.

“Local law doesn't have criteria on who should be made redundant and it is left to employers to take decisions according to their perspective.” - TradeArabia News Service