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The Shura Council has approved to increase to four months from 30 days the notice period required to terminate employment contracts.
Twenty-four members voted in favour of the amendments to the 2012 Private Sector Employment Law, while eight rejected it.
Shura Council chairman Ali Saleh Al Saleh tried to postpone the issue for further review but a majority voted against the move.
The government will now have to draw it up into a proper law within a maximum of six months.
During the weekly session of the National Assembly’s upper chamber yesterday, Parliament and Shura Council Affairs Minister Ghanim Al Buainain said the move would unfairly rob people of better job opportunities.
“It should be easy for employees to take up a job with a better working environment and better pay; the current 30-day notice period ensures that.”
Five members, led by services committee vice-chairwoman Dr Ibtisam Al Dallal, had proposed the amendments to the law “to ensure work is not disrupted, especially in educational, medical and engineering fields”.
They had originally suggested six months but settled for four months following feedback from the committee.
The Labour and Social Development Ministry and the General Federation for Bahrain Trade Unions had rejected the move, while the Bahrain Chamber of Commerce and Industry (BCCI) and the Bahrain Free Labour Unions Federation (Al Hurr) had welcomed it.
BCCI officials said the amendment would ensure employees with particular qualifications are made to stay until suitable replacements are found.
According to Dr Al Dallal, services needed to continue uninterrupted in certain sectors, and 30 days was too short a time to find a replacement should a key employee’s contract be terminated.
“The job openings have to be announced, a right candidate found, interviews and tests conducted, as well as receive approval from all parties concerned,” she added.
“Potential replacement employees could be found within a day, but it will take time for them to settle down.
“In the education sector, students need a teacher or lecturer immediately, while in the medical sector, specialised doctors or nurses are needed to provide continuous treatment.”
Shura Council second vice-chairwoman Jameela Nusaif said some establishments could face problems if particular employees decide to leave at short notice.
“Imagine a classroom with no teacher or a hospital with no anaesthesiologist. How would students cope, or patients be treated on time?”
Labour and Social Development Ministry officials said the amendment was unjust.
“It is unfair because if an interested candidate is made to wait for four months he might lose out on better opportunities,” they said during committee meetings.
“Also, employers may want to terminate contracts in 30 days because they have found someone better but are forced to keep the employee for four months, which may hit the flow of work.
“Current employees are protected by certain contractual guarantees and applying the amendment to only newcomers will be discriminatory.”
Ministry officials have also pointed out that it was difficult to decide which jobs should come under the 30-day rule and which jobs should be put under the four-month rule.
Shura human rights committee chairman Ahmed Al Haddad said thousands of qualified young Bahrainis were waiting for an opportunity to enter the labour market.
“Every establishment should have plans for a replacement employee to step in fast should a post become vacant.
“We have thousands of qualified Bahrainis who can quickly get accustomed to any work environment.”
mohammed@gdn.com.bh
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