Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 29) sur le travail forcé, 1930 - Bahreïn (Ratification: 1981)

The Committee notes the observations of the General Federation of Bahrain Trade Unions (GFBTU) received on 31 August 2021.

Articles 1(1), 2(1) and 25 of the Convention. Vulnerable situation of migrant workers to conditions of forced labour. 1. Migrant workers. In its previous comments, the Committee noted the observations made by the International Trade Union Confederation (ITUC) that the migrant workers’ right to change their employment continued to depend on the approval of the Labour Market Regulatory Authority (LMRA), and that pursuant to the Ministerial Order No. 79 of 16 April 2009 employers shall include in the employment contract a requirement limiting the approval of a transfer to another employer for a specified period. The Committee also noted the Government’s information regarding the introduction of the FLEXI working permit in 2017, which is a renewable two-year permit that allows migrant workers, with either a terminated or expired work permit and who possess a valid passport, to live and work in the country without an employer (sponsor) where he or she can work in any job with any number of employers on a full or part-time basis. It noted that, as a pilot scheme, the FLEXI working permit was a first step that could facilitate the transfer of migrant workers’ services to a new employer, thereby enabling them to freely terminate their employment. The Committee urged the Government to pursue its efforts to ensure that, in practice, migrant workers are not exposed to practices that might increase their vulnerability, in particular, in matters related to passport confiscation as well as to provide information on the application in practice of the FLEXI Working Permit.

The Committee notes the Government’s information in its report that since 2017, more than 27,000 migrant workers have benefitted from the FLEXI Work Permit System and are working in authorized occupations under fixed-term employment contracts. It also takes due note that a Wage Protection System to protect all workers in the private sector, including migrant workers, was introduced through Decree Law No. 59 of 2018 which obligates employers to transfer wages to authenticated bank accounts of the employees on the dates prescribed by law. This system allows the Government’s regulatory and supervisory bodies to monitor remittances via banks and financial establishments. The Government indicates that between 2018 and 2020, the Ministry of Labour and Social Development (MLSD) settled a number of cases and complaints concerning the non-payment of wages to employees. The cases of about 3,000 workers in a major construction company in the country were settled by overseeing the workers’ receipt of wages and dues; by facilitating the return of more than 2,400 workers to their countries; and by transferring the others to jobs in other enterprises. Furthermore, in the context of addressing the adverse effects of the spread of the COVID-19 pandemic of 2020, several significant decisions on the protection of migrant workers were issued, namely: (i) the suspension of monthly employment dues and fees for issuing and renewing work permits; (ii) the extension of the period for irregular migrant labour to regularize their status until the end of 2020; and (iii) the provision of health care services and vaccines free of cost to migrant workers. The Committee also notes that according to the data from the LMRA, around 551,000 work permits were issued for migrant workers between 2018 and 2020, while 407,000 work permits were cancelled as a result of expiration or cancellation by the employer, in addition to procedures for renewing more than one million work permits during the same period. Furthermore, the LMRA carried out more than 199,000 job transfers of migrant workers from one employer to another. Concerning the confiscation of passports by the employer, the Government states that the legislation regulating the employment relationship has no reference to this matter. However, the possession of a passport by any person other than its owner is prohibited under the Criminal Code. Any individual – be that a national or a migrant worker – whose passport is confiscated by any party for whatever reason, has the right to file a complaint at the police station and the courts. In this regard, the relevant courts receive about 150 complaints every year which are settled through enforcement orders requiring the person who has confiscated the passport to return it to its owner. Moreover, the Government indicates that it has made several arrangements with the embassies of labour-sending countries to remove any obstacles in issuing a new passport to the migrant worker and enabling them to benefit from the Flexi Work Permit system. While taking due note of this information, the Committee encourages the Government to continue its efforts to ensure that, in practice, migrant workers are not exposed to practices that might increase their vulnerability, in particular, in matters related to passport confiscation and the non-payment of wages. It further requests the Government to provide statistical information on the number of violations of the working conditions of migrant workers that have been detected and registered by the competent authority, and to indicate the penalties applied for such violations, including those applied for confiscation of passports. Lastly, the Committee requests the Government to continue to provide data on the number of employment transfers that have taken place within the framework of the FLEXI Work Permit System.

2. Migrant domestic workers. The Committee previously noted the statement by the ITUC that there were more than 105,200 domestic workers in Bahrain who were subjected to exclusion from the coverage of a number of labour law provisions, including from weekly rest days or from a limit on working hours. Many of them worked up to 19 hours per day with minimal breaks, and no days off with very little pay and food. Many had reported that they were prevented from leaving their employers’ homes and that the physical abuse and sexual assault of female domestic workers were significant problems in Bahrain. There was also an absence of labour inspection into the working conditions of domestic workers. According to the ITUC, domestic workers were also explicitly excluded from the FLEXI scheme. The Committee also noted an absence of information concerning the cases reported of forced labour of domestic workers.

The Committee notes the Government’s information that the provisions under the Labour Law for the Private Sector No. 36 of 2012, including those concerning the application of the principles of the labour contract, protection of wages, annual leave, working hours, rest periods, end-of-service indemnity and exemption from litigation fees for labour cases, apply to domestic workers. Likewise, Order No. 4 of 2014 on Regulating work permits for domestic workers, stipulates that prior to the granting of a work permit for employing a domestic worker, the employer has to prove that there has not been any record of mistreatment of a domestic worker or failure to fulfill the rights of a domestic worker; or that they have not been found guilty of committing any offence against a domestic worker. In addition, the LMRA has adopted the Tripartite Domestic Contract, a document regulating the relationship between the head of the household, the recruitment office and the domestic worker that stipulates the parties’obligations and the rights established for the domestic worker in the Labour Law for the Private Sector and which is also available in the languages spoken by the migrant domestic workers. Furthermore, according to the Law for Regulating the Labour Market No. 19 of 2006, the migrant worker shall not be charged with any fees by the LMRA or by the recruiting agencies for the issuance of a work permit. Such fees are levied on the employer. In this regard, the Government indicates that no complaints have been received by the LMRA concerning the exaction of recruitment fees from migrant domestic workers. The Committee, however, notes that the United Nations Human Rights Committee, in its concluding observations of November 2018, expressed concern about reports that migrant domestic workers are subjected to abuse and exploitation, including excessive working hours and delayed or non-payment of wages and about the lack of effective remedies for such abuses (CCPR/C/BHR/CO/1, paragraph 47). The Committee requests the Government to continue to take the necessary measures to ensure, in law and in practice, that migrant domestic workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour. In this regard, the Committee requests the Government to take measures to ensure the full and effective application of the Labour law for the Private Sector so that migrant domestic workers fully enjoy their labour rights. The Committee requests the Government to provide information on the number and nature of complaints filed by migrant domestic workers and the outcome of such complaints, including the penalties applied. The Committee also requests the Government to take the necessary measures to enable migrant domestic workers to approach the competent authorities and seek redress in the event of a violation of their rights, without fear of retaliation.

The Committee is raising other points in a request addressed directly to the Government.