LABOUR RIGHTS INDEX 2022

Bahrain

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Bahrain’s overall score is 67 out of 100. The overall score for Bahrain is higher than the regional average observed across the Middle East and North Africa (61.26). Within the Middle East and North Africa region, the highest score is observed for Morocco (79.5).

Bahrain has not ratified either Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) or Convention No. 98 on the Right to Organise and Collective Bargaining (1949).

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

No

0

§27, Constitution 1973; §10, 2002 Decree on Trade Unions; Circular No. 1 of 10 Feb. 2003 on the right of civil service workers

A

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§2, 137-141, 143 & 158 of the Private Sector Labour Law 2012; Ministerial Order No. 19 of 2013

A

Does the law provide for the right to strike?

No

0

Private Sector Labour Law 2012; §21 of the 2002 Decree on Trade Unions ; ITUC Global Rights Index 2022, Bahrain Profile

Does the law prohibit employers from terminating employment contracts of striking workers?

Yes

1

Art. 104 of Law No. 36 of 2012

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

To find an ITUC affiliate in your country, please check the LINK:

Violations

National Labour Legislation
Circular No. 1 of 10 Feb. 2003 on the right of civil service workers

(…) based on the text of Article (10) of Decree-Law No. (33) of the year 2002 AD with the issuance of the Trade Unions Law. It is not legal for workers who are addressed by the civil service systems to establish trade unions within the ministries and government institutions to which they are affiliated, as this is considered in violation of the law. Or workers who are subject to the provisions of the Maritime Law.

Violations

National Labour Legislation
§2 of the Private Sector Labour Law 2012

The provisions of this Law shall not be applicable to civil servants and public legal entitiesthat are subject to the Civil or Military Service Regulations or to a special legal regulation governing the job relationship.

Violations

National Labour Legislation / ITUC Global Rights Index 2022
§21 of the 2002 Decree on Trade Unions

1) The right to strike is a legitimate means for workers to defend their rights and
interests and must be organized and announced only by the trade union
organizations.
2) To be considered legal, the strike is subject to the following restrictions:
a) The approval of the majority of the General Assembly of the Trade Union
in an exceptional meeting to commence the strike.
b) The employer shall be provided with a notice period of not less than 15
days before the commencement of the strike.
c) Strikes must not be conducted while issue is seen by the Committee of
Conciliation and Arbitration.
d) Strikes shall be prohibited in vital and important facilities that harm the
national security and the life of individuals.
The Prime Minister shall issue a decree specifying the vital and important
facilities where strikes are prohibited in.
3) In the case of collective arguments in the vital and important facilities, it is
mandatory to take the issue for conciliation and arbitration mentioned in the
previous article, following the failure of resolving the issue between the
workers and the employer.

ITUC Global Rights Index 2022, Bahrain Profile

Strikes are prohibited in vital and important facilities that may harm the national security and the life of individuals. Decision No. 62, still in force, establishes – among others – the following as essential services where strike action is prohibited: airports, ports, medical centres, all means of transport of persons or goods, bakeries, educational institutions, and oil and gas installations (Art.21, Act on Trade Unions (as amended by Act No. 49)).

Violations

No Violation