On the Application of Article (4) (A) (2)Of Act No. (19) (2006) with regard to the Regulation of the Labour Market
Source: Legal Affairs
KINGDOM OF Bahrain
DIRECTORATE OF LEGAL AFFAIRS
Note
On the Application of Article (4) (A) (2)Of Act No. (19)
(2006) with regard to the Regulation of the Labour Market
On 2 August 2007, the A. Chief Executive Officer , of the Labour Market Regulatory Authority (LMRA), requested the Directorate Of Legal Affairs, to deliver a legal opinion on the application of Article (4) (A) (2) of Act No. (19) (2006) with regard to the Regulation of the Labour Market “Arabic letter No. (0247/o8/07) “.
The facts as demonstrated in the abovementioned letter can be summarized as follows:
LMRA is collecting and analyzing data, information and statistics about the labour market. LMRA is of the opinion that the gathering and publishing of such data to the public, falls within the ambit of its roles and jurisdiction in accordance with Article (4) (A) (2) referred to above. The publication is to be presented to the public by all media and means as decided by the Board of Directors of LMRA.
Further more LMRA considers that there is no need to take the permission for publication from any other agency including the Central Information Organization (CIO).
According to LMRA perspective, the situation is quite clear. Article (2) of the Bahraini Civil Code stated that: the subsequent legislation supersedes the preceding one. Act No. (19) (2006) is the subsequent legislation.
LMRA A. Chief Executive Officer, would like to be informed, to what extent LMRA application of the law is correct, and without any violation to its roles and jurisdiction.
We reply as follows:
- Whereas Article (4) (A) (2) of Act No. (19) (2006) with Regard to the Labour Market Regulation stated that:
“LMRA shall conduct the functions and jurisdiction necessary for the regulation of the labour market in the Kingdom………………. In accordance with this Act, and in particular the following:
(2) Collect and analyze data, information and statistics relating to the Kingdom economic situation, especially with regard to the labour market, in a manner that enables LMRA to be a main source to the accurate data, information and statistic, about the labour market in the Kingdom.
LMRA shall continuously and regularly update such data to reflect the Kingdom actual economic situation.
LMRA, shall prepare and publish periodical reports to the public through the media as the Board of Directors deems fit.”
- And whereas Article (43) (A) of the same Act stated that:
“It is mandatory for all private & public agencies in the Kingdom to provide LMR - upon request - with data, information and statistics, in matters relating to its activities, and within a reasonable time to be fixed by LMRA.”
- And whereas Article (1) of Decree No. (7) (1977) with Regard to Statistics& census stated that:
“ …… It is not permitted - except for ministries, organizations, corporations and companies to which the government partially contributed - to conduct any statistics, census or referendum, without the prior consent of the Statistics Directorate……..”
After reading carefully, the provisions of the law, as stated above, it is clear that the law granted LMRA the jurisdiction to collect and analyze data, information and statistics in all matters relating to the labour market in the Kingdom of Bahrain. The law considered LMRA as a main source to such data.
Not only this, but the legislator obliged all public &private sectors to provide LMRA with all data and information pertaining to its activities, within a reasonable time to be fixed by LMRA.
Consequently, LMRA can conduct its legal obligations without asking the permission of any other agency, including CIO.
Whereas the Revered Council of Ministers, had decided that, CIO is the authorized formal national source of indicators, statistics and data approved by the ministries and other governmental agencies,
And whereas the Councils of Ministers, had decided the unification of all Statistical work, under the umbrella of the CIO, by virtue of Resolutions (5&7) decided on sitting No. 1923, convened on 18-3-2007,
It is obligatory for LMRA to inform the CIO of all the collected data pertaining to the labour market. The latter is the formal authorized national agency for statistical work.
To sum up, the legal opinion of the Directorate of Legal Affairs is:
Firstly:
LMRA is authorized to collect and analyze the data and statistics pertaining to labour market. LMRA is a main source of data, information and statistics pertaining to the labour market without asking the consent of any other agency.
Secondly:
LMRA, before publishing any report, shall inform the CIO of all approved information and statistics, included in such reports. All statistical work is unified under the umbrella of the CIO.
DIRECTORATE OF LEGAL AFFAIRS
Last Update: Thursday 2 August 2007
