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Decision No. (76) (2008) with regard to regulations of work visas of foreign employees except the category of domestic servants

Source: Ministry of Labour

The Minister of Labour, Chairman of the Board of Directors of Labour Market Regulatory Authority,

After Perusal of the Labour Code for the Private Sector issued by virtue of Legislative Decree No (23) (1976) and amendments,
And Act No (19) (2006) With Regard to Regulations of Labour Market,
And Decree No (75) (2006) with Regard to the Formation of the Board of Directors of Labour Market Regulatory Authority,
And Decision No (71) (2007) with Regard to Work visas of Foreigners Employed by Governmental Agencies,
And after Consultation with the public and relevant agencies,
And after obtaining the consent of the Board of Directors of Labour Market Regulatory Authority,
And upon presentation of the Chief Executive Officer of Labour Market Regulatory Authority,

Decided as follows:

Article (1)

In the application of the provisions of this decision, unless the context otherwise requires, the following words and phrases, shall have the corresponding meanings:
The Kingdom: The Kingdom of Bahrain.
The Minister: The Minister in charge of labour in the private sector.
The Authority: Labour Market Regulatory Authority
The Chief Executive: The Chief Executive of the Authority.
The Employer: Any natural or legal person employing one or more employees except domestic servants and similar categories, in lieu of any remuneration, fixed or changing, in cash or in kind, including any governmental agency, organization, public corporation, company, office, establishment, or any entity of the private sector.
Work visa or visa: The visa issued by the Authority for an employer to employ a foreign worker in accordance with the provisions Labour Market Regulatory Act and the provisions of this decision.
Issuance of work visas management systems: Measures and procedures issued by a decision of the Board of Directors of the Authority with regard to the work permits issued for each employer.

Article (2)

The employer shall be granted a work visa to employ a foreign employee, as stipulated below:-

  1. The employer should be registered in the commercial register or equivalent and should have obtained a unit number from the Central Information Organization. 
  2. The employer should have settled all due fees in favour of the Authority with regard to work visas. 
  3. There should be an actual necessity to employ one or more foreign employees, taking into consideration, the size of the establishment, the nature of activity and the conditions of the conduct of business. 
  4. The employer should not have a proven record of violation of any of the substantial obligations imposed by the Labour Marker Regulation Act and the regulations, orders and decisions implementing thereof. 
  5. The employer should not have a proven record of cessation of conducting the licensed activity or had closed or changed the place of work in violation to laws and regulations in force. 
  6. The employer should have settled the fines issued by final decrees in accordance with provisions of Labour Market Regulatory Act. 
  7. The employer should have fulfilled his obligations of providing insurance for his employees with Social Insurance General Organization. 
  8. The employer should not have a proven record of failure to meet the obligations towards workers’ rights. 
  9. The worker should be medically fit and free from contagious diseases. 
  10. The profession of the foreign worker should not be one of the professions reserved exclusively for national employees in accordance with decisions of relevant authorities. 
  11. The foreign employee should have obtained the license necessary for the practice of certain professions in accordance with decisions of relevant authorities. 
  12. The foreign employee should not have been repatriated or deported out of the Kingdom on criminal grounds or due to his violation of the Labour Regulatory Act and decisions implementing thereof.

Article (3)

(A)- The application for the issuance of the work visa shall be presented to the Authority
On the prescribed form or electronically.

(B)- The application shall include all data and information stated in the prescribed form together with the required documents.

Article (4)

(A) The Authority shall verify the application to obtain the work visa to ascertain the fulfillment of data, information and documents stated in the prescribed form plus the satisfaction of all the conditions stated in Article (2) of this decision.

(B) The Authority shall issue the approval to grant the work visa within three days as from the fulfillment of all requirements: data, information, documents, conditions and the consent of relevant governmental agencies for the entrance of the foreign worker to the Kingdom.

The consent shall be null and void, if the employer did not settle the required fees within thirty days as from the date of the consent.

If the application of the visa was rejected, the reasons for rejection should be stated.
Under all circumstances, the employer or his representative should be notified of the decision with regard to the work visa within three working days as from the date of the issuance of the decision. Such notification may be sent electronically.

Article (5)

In the issuance or renewal of work visas, the Authority shall abide by the issuance of the work visa management systems.

Article (6)

(A) The work visa shall be null and void in situations where the foreign worker is abroad and the employer failed to bring him to the Kingdom within six months as from the date of the issuance of the work visa.

(B) Without prejudice to the provisions of Articles (2) and (3) of this decision, the employer shall have the right to request the Authority to substitute the worker by another worker -for two times only- within the period referred to in the previous article.

Article (7)

The employer who is licensed to employ a foreign employee shall fulfill the following requirements:

  1. To employ the foreign employee in the same work stated in the work visa.
  2. To ascertain that the worker had captured the finger prints together with his photo and signature and have provide the Authority with same within the specified period.
  3. To employ the foreign employee in the location indicated in the work visa or in the employer’s branch conducting the same activity.
  4. To settle the work permit prescribed fees
  5. To immediately notify the Authority, in case the worker abandoned work in violation of the work visa.
  6. To immediately notify the Authority, in case the worker ceased to have one or more of the conditions for the grant of the work permit as stated in Article (2) of this decision.
  7. To immediately notify the Authority in case the worker caught one of the contagious diseases that require transport to the location specified by the Minister of Health.
  8. To immediately notify the Authority in case of the employer’s liquidation of activities, declared bankrupt, cancellation of the commercial register, or cancellation of the license to conduct activities.

Article (8)

The foreign employee for whom a work visa was issued shall fulfill the following requirements:

  1. Shall not conduct any work not stated in the work visa.
  2. Provide the Authority with finger prints, photo and signature upon arrival to the Kingdom for the first time within a period not exceeding one month.
  3. Shall not abandon work except as provided by law or without the permission or consent of the employer for a period exceeding fifteen consecutive days.
  4. Shall not work with an unauthorized employer.
  5. Shall conduct work in the location indicated in the work visa or in the employer’s branch conducting the same activity.
  6. Shall notify the Authority and the employer of his intention to transfer to another employer within the period specified in the decision with regard to the mobility of a foreign employee to anther employer.

Article (9)

A- The employer shall not change the profession of the foreign employee save in accordance with the Authority written consent.

B- The consent for the change of the profession of the foreign employee shall be granted upon the satisfaction of the following conditions:

  1. There should be an actual necessity for the change of the profession of the foreign employee.
  2. The new profession should not be among the professions reserved exclusively for national employees in accordance with the decision of relevant authorities.
  3. The foreign employee should be medically fit to practice the new profession.
  4. To obtain the license required for the practice of the profession in the Kingdom if that is required by law.
  5. The change of profession should not be contradictory to the Issuance of the work visas management systems.

Article (10)

Without prejudice to the provisions of Article (15) of this decision, the work visa shall be valid for two years as from the date of the arrival of the foreign employee to the Kingdom and shall be renewed for similar period/periods upon the request of the employer in the prescribed form or electronically within a period not exceeding ninety days as from the work visa expiry date.

The renewal application shall include all the data and information together with the documents specified in the prescribed form and shall satisfy all the requirements in accordance with Article (2) of this decision.

Article (11)

The work visa shall expire at the end of the original or the renewal period as the case may be.

Article (12)

Without prejudice to Article (25) of the Labour Market Regulatory Act, the foreign employee shall leave the Kingdom upon the expiry date of the work visa unless the employer applied for the renewal of the work visa for the same employee within a period not exceeding thirty days from the expiry date.

Article (13)

(A) The work visa shall be cancelled before expiry date in accordance with the provisions of Article (26) (B) of the Labour Market Regulation Act.

(B) Except in situations where the work visa is cancelled upon the request of the employer or where the foreign employee abandons work in violation to the conditions of the work visa, the Authority - before issuance of the decision to cancel such visa - shall notify the employer or his representative with its intention to cancel the work visa and the reasons thereof and shall grant a period for reply not less than ten days as from the date of arrival of the notification to the employer or his representative. The Authority shall examine the application and shall issue the decision to cancel the work visa upon satisfactory reasons and the Authority shall immediately notify the employer or his representative of its decision.

The concerned parties shall appeal such decision to the Chief Executive in accordance with Article (33) of the Labour Market Regulation Act.

All the notifications and replies mentioned in the previous clause may be sent by post or electronically.

Article (14)

The employer shall regularly register and update the data of his establishment in the Authority Data Base in accordance with current regulations.

Article (15)

The Authority shall grant temporary work visas for six months as from the date foreign employee to the Kingdom and shall be renewed for one time only upon the application of the employer in the prescribed form or electronically in a duration of not less than ninety days before the expiry date.

Article (16)

The temporary work visa shall be granted upon the basis of the employer’s actual temporary necessity to employ foreign labour in addition to the fulfillment of the rest of conditions stated in Article (2) of this decision.
Before granting the temporary work visa, the Authority shall ascertain the existence of an actual necessity to employ foreign labour, taking in consideration the profession required compared to the nature and size of the establishment and the conditions of work.

Article (17)

The temporary work visas are subject to the provisions of Article (3) (4) (6) (7) (8) (12) (13) (14) of this decision.

Article (18)

The temporary work visas are not subject to the issuance of the work visas management systems with regard to Bahranization targets.

Article (19)

The employer is not allowed to change the profession of the foreign employee for whom a temporary work visa was issued.

Article (20)

Decision No (71) with Regard to Work visas of foreigners employed by governmental agencies is hereby repealed.

Article (21)

The Chief Executive shall implement this decision which shall be published in the gazette and shall come in force on First July 2008.

Dr. Majeed Bin Muhsin Al Alawi
Minister of Labour
Chairman of the Board of Directors of
Labour Market Regulatory Authority

Issued on: 13 Jumada Alawal 1429 hijri
18 May 2008

Last Update: Sunday 18 May 2008