Bahrain

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 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 2024.

Bahrain’s overall score is 67 out of 100. The overall score for Bahrain is greater than the regional average observed across Middle East and North Africa (64). Within the Middle East and North Africa region, the highest score is observed for Morocco (77).

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

More Info

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

No

0

§10 of Decree on Trade Unions, 2002; Circular No. 1 on the Right of Civil Service Workers, 2003; USDOS CRHRP 2022 (Bahrain); ITUC Global Rights Index 2024 (Bahrain Profile)

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

No

0

§2 of the Private Sector Labour Law 2012; USDOS CRHRP 2023 (Bahrain); ITUC Global Rights Index 2024 (Bahrain Profile)

Does the law provide for the right to strike?

No

0

§21 of the Decree on Trade Unions, 2002 ; USDOS CRHRP 2023 (Bahrain); ITUC Global Rights Index 2024 (Bahrain Profile)

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§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

D : USDOS

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

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/  

Freedom of Association Indicator
The Freedom of Association 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 2024 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

Information

Source: §10 of Decree on Trade Unions, 2002; Circular No. 1 on the Right of Civil Service Workers, 2003; USDOS CRHRP 2022 (Bahrain); ITUC Global Rights Index 2024 (Bahrain Profile)

A : National Law

National Labour Legislation

"(...) 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. "

C : ITUC

ITUC Global Rights Index (country legal profile)

"Workers covered by Civil Service Regulations may not establish trade unions. They can only join existing organizations which regroup workers having occupations or professions similar to theirs"

D : USDOS

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

"The law prohibited trade unions in the public sector. The law also prohibited members of the military from joining unions. Public sector workers could join private sector trade unions and professional associations, although these entities could not bargain on their behalf. There were two licensed, multisectoral trade union federations, the General Federation for Bahrain Trade Unions and the Bahrain Free Labor Unions Federations."

Information

Source: §2 of the Private Sector Labour Law 2012; USDOS CRHRP 2023 (Bahrain); ITUC Global Rights Index 2024 (Bahrain Profile)

A : National Law

National Labour Legislation

"Art 2: The provisions of this Law shall not be applicable to civil servants and public legal entities that are subject to the Civil or Military Service Regulations or to a special legal regulation governing the job relationship. "

C : ITUC

ITUC Global Rights Index (country legal profile)

"Civil servants do not enjoy the right to collective bargaining."

D : USDOS

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

"The constitution and labor code recognized the right to form and join independent trade unions, as well as the right to strike, but with significant restrictions. The law did not provide for the right to collective bargaining. The government did not effectively enforce all applicable laws, including prohibitions on antiunion discrimination. Penalties for violations of law protecting freedom of association and the right to strike were less than those under other laws involving denials of civil rights and were sometimes applied against violators."

Information

Source: §21 of the Decree on Trade Unions, 2002 ; USDOS CRHRP 2023 (Bahrain); ITUC Global Rights Index 2024 (Bahrain Profile)

A : National Law

National Labour Legislation

"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."

C : ITUC

ITUC Global Rights Index (country legal profile)

"Conciliation and arbitration in services considered "strategic" are mandatory after failure of resolving the issue between the workers and the employer"

D : USDOS

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

"The law prohibited strikes in 12 “vital” sectors, the scope of which exceeded International Labor Organization standards, including the oil, gas, education, telecommunications, transportation, and health sectors, as well as pharmacies and bakeries."

Information

Source: §104 of Law No. 36 of 2012