The Shura Council starts discussion of the Labor Law in the Private Sector during its weekly session
The Shura Council Welcomes the Positive Results of the 30th Cycle of the GCC Supreme Council
Qudaybiah: Shura Council
In a statement issued at the beginning of its 11th session of the 4th legislative cycle held this Monday and chaired by His Excellency Mr. Ali bin Saleh Al-Saleh, Speaker of the Council, the Shura Council welcomed the positive results of the 30th cycle of the GCC Supreme Council, which was held in the Sisterly State of Kuwait and was attended by His Majesty King Hamad bin Isa Al-Khalifa, along with his brothers Their Majesties and Highnesses the Leaders of the GCC, may God preserve them. The session addressed a number of important issues and subjects on all fronts, economic, political, security, and other topics of interest to the GCC States and their people and which aims at fostering the solidarity and integration of the GCC people and consolidation of the fundamentals of security and stability in the region and the world at large.
Convention of this session came at a time when the regions is facing a number of challenges at the political, economic, social and security levels, while an important part of the common Gulf entity, represented by the sisterly Kingdom of Saudi Arabia was exposed to security breaches on its southern border. The wise leadership and the people of Bahrain reasserted their support of all steps taken by the Kingdom of Saudi Arabia to contain those incidents in protection of its security and maintenance of the unity of its soil. The common Gulf position came as an expression of the rejection of any aggression which affects the member states or their national soil and a confirmation of their solidarity and unity of the people of the regions in the face of all challenge.
The Council expressed appreciation of the positive results of the 30th session of the GCC Supreme Council, which confirmed the determination of the GCC Member States to forge ahead with the integration and cooperation in all fields, the last of which will not be the monetary union or electric linkage, but this cooperation and coordination will extend to cover all fields and areas. The Council lauded at the same time the achievements and benefits that the GCC leaders continue to realize in the interest of the people of all GCC states.
On this occasion, the Council expressed its highest expressions of thanks and appreciation to His Majesty the King and Their Majesties and Their Highnesses the leaders of the GCC States, may God preserve them, for their sustained efforts which seek the welfare, fortitude and glory of our people and countries.
Within the same contents, the Speaker and Members of the Shura Council congratulated His Majesty the King Hamad bin Isa Al-Khalifa, His Royal Highness Khalifa bin Salman Al Khalifa, the Prime Minister, His Royal Highness Salman bin Hamad Al Khalifa, the Crown Prince and Deputy Supreme Commander, the People of Bahrain and the Arab and Islamic worlds, on the occasion of the new Hijrah year 1431 and prayed to God to make it an year full of achievements and realization of all expectations of development and growth and that many happy returns of the day with more happiness and felicity.
The Council also congratulated the wise leadership, the people of Bahrain and all nations and people of the world on the approaching new Gregorian year of 2010, and prayed to God to make it a year full of welfare, security and peace all over the world. The Council extended its congratulations especially to the Christian brothers in the Kingdom of Bahrain and all over the world on the occasion of Holy Christmas and the birth of Christ and prayed for a year full of happiness, love, fraternity and felicity.
Then, the Speaker of the Council, His Excellency Mr. Ali bin Saleh Al-Saleh, Speaker of the Council, delivered speech in which he welcomed the visit by the Russian Senate delegation, headed by His Excellency Alias Omakhanov, the First Vice Chairman of the Committee on International Relations of the Senate in Federal Russia and his accompanying delegation, who attended part of the Council’s weekly session. His Excellency expressed the Kingdom’s pride of the existing bilateral cooperation relations between the two countries and his hopes for more progress and growth for these relations.
After endorsement of the agenda of the 10th session, the Council expressed approval of the draft law on ratification of the Basic Law of the Criminal Information Center for Narcotics Control in the GCC States, attached to Royal Decree No.62 for the year 2009. In its report, the Legislative and Legal Affairs Committee noted that the draft law aims at realization and coordination of the security cooperation between the GCC States in the area of control of narcotics, psychotropic drugs, chemical derivatives and related criminal activities. The Center’s objective is to promote the existing cooperation and coordination between the member states through coordination of the efforts of member states in this field, including gathering, storage, and analysis and regulating the exchange of related information, fostering cooperation between the competent authorities in the member states, facilitating the processes of joint investigations, and providing assistance in the area of implementation of narcotics control program between the authorities.
A final decision was taken approving the draft law during the same session in preparation for referral to the government for ratification by His Majesty the King.
Then, Their Excellencies the Members moved on to discuss the report of the Foreign Affairs, Defence and National Security Affairs Committee on a draft law for ratification of the United Nations Convention against Corruption, attached to Royal Decree No.64, for the year 20096.
The Council Members confirmed during the discussion of the draft law the importance of the convention and its role in promoting the wheel of development in the Kingdom whose foundations were established by His Majesty King Hamad bin Isa Al Khalifa, and which seeks to boost and foster the principles of transparency and rule of the law. The members confirmed their full commitment to endorse the convention which is conducive to boost the national laws for combating corruption and heightening cooperation between the states in this regard.
After deliberation of the draft law by the Council members and representatives of the competent government agencies during which several questions were raised in connection with the articles of the convention and mechanisms of implementation, the draft law was approved on a final basis during the session in preparation for referral to the government.
Within the same context, the Shura Council approved a draft law for ratification of an agreement for prevention of double taxation and prevention of tax evasion on income and capital tax between the Government of the Kingdom of Bahrain and the Government of the Duchesse of Luxembourg, attached to Royal Decree No.71, for the year 2009, based on the recommendation of the Foreign Affairs, Defence and National Security Affairs Committee, during which it re-stressed the special importance that the Government of the Kingdom of Bahrain, represented by the Ministry of Finance, attaches to bilateral agreements, based on its firm belief in the important roles that such agreements have in developing and promoting the international relations on secure and stable foundations on one hand, and promotion of Bahrain as a hub for attracting foreign investments on the other hand, by provision of a suitable economic environment, ease of administrative procedures and enactment of favorable legal legislations to realize the targeted developmental objectives, on the condition that the final opinion thereon be taken during the upcoming session of the Council.
Their Excellencies the Members of the Shura Council discussed in the same session a draft law for ratification of an agreement for prevention of double taxation and prevention of tax evasion on income and capital tax between the Government of the Kingdom of Bahrain and the Government of the Republic of Bulgaria, attached to Royal Decree No.74 for the year 2009.
The Committee Rapporteur, His Excellency Rashid Malallah Al-Sabt, stated that the objective of the draft law is in response to the desire of the Government of the Kingdom of Bahrain and the Government of the Republic of Bulgaria to create the proper conditions for a larger economic cooperation between them, especially in connection with the investments of any investor from one of the countries in the other country, their awareness that the exchanged and mutual encouragement and protection of the investments in accordance with an international agreement will likely serve as an incentive for stimulation of commercial exchange and increasing the economic growth rates in both countries. The draft law also targets prevention of double taxation and absence of discrimination in the treatment. Each country will work in accordance with the agreement to encourage the investors of the other country to invest in its region, coupled with provision of full protection and safety for these investments and extending to them fair and equitable treatment, not less than the care extended to the investments of its own investors or the investors of any third country.
Based on the above, the draft law was approved as a whole, subject to the condition that the final approval thereon be taken in the upcoming session of the Council.
Then, the Council moved on to discuss the report of the Services Committee regarding a draft law for issuance of the Labor Law in the Private Sector, attached to Royal Decree No.45 for the year 2006. Their Excellencies the Members listened to the opinion reached by the Committee on the draft law which was presented by the Committee Rapporteur, Her Excellency Sameera Ebrahim Rajab, Deputy Chairman of the Committee, who in turn explained the great efforts exerted by the Committee in the review of the draft law in 23 meetings the committee held and during which it listened to many views and opinions from the agencies concerned with the draft law and after which the committee sought to reconcile the rights and obligations of the parties to the work relations, represented by the workers on the one hand and the employers on the other hand. The Committee ended by a recommendation for approval of the draft law in principle owing to its great importance in the stability of the labor market.
It is the Committee’s opinion in its report that the draft law establishes an advanced framework which governs the relationship between the employers and the workers in the private sector, heeds the related applicable international agreements and conventions in a way that serves the joint interests of the employers and workers alike. The labor law is considered one of the social laws which regulate the society’s relations and affects the citizens. It has its own social and economic ramifications on their lives and for this reason, the Committee is in agreement with the government’s opinion on the need to reconsider the current labor law, promulgated by Legislative Decree No.23 for the year 1976 and its amendments because the law which was enacted over thirty years ago suffers from great deficiencies in the provisions which address the labor relationship and some of its parts are in conflict with the Kingdom’s obligations and commitments to the international agreements and conventions which require that the national legislations must not be at variance with the international and Arab labor standards and criteria.
On the other hand, the Committee highlighted the fact that some extremely important developments appeared in the labor market in the Kingdom of Bahrain that mandate the need for reform to serve the development of Bahrain economy, especially after the issuance of law No.19 for the year 2006, on the regulation of the labor market, in order to achieve consistency between the provisions of the labor law in the private sector and this law.
On their part, Their Excellencies the Members of the Council expressed their thanks and appreciation for the effort exerted by the Council’s Services Committee in the review of the draft law which is considered of a high degree of importance in the light of the fast paced changes and developments the world is experiencing on the economic and investment front within the framework of confirmation of the rights and obligations of the production parts, and especially the workers. The Speaker of the Council also expressed his appreciation and thanks to the Bahrain Labor Union and the Bahrain Chamber of Commerce and Industry for their cooperation with the Shura Council and the Services Committee. He highly appreciated the efforts of His Excellency Dr. Majeed bin Mohsin Al-Alawi, Minister of Labor, which had left their clear imprint in the promotion of the labor sector in the Kingdom. He highlighted the great achievements made by the Bahraini worker, in addition to the draft law under review which is considered an important link of this development.
On his part, His Excellency Majeed bin Mohsin Al-Alawi, Minister of Labor, thanked the Services Committee and the Shura Council for presenting the law for discussion and for the efforts exerted in the deliberations on the directives of His Excellency the Speaker of the Shura Council. He pointed out that several amendments were introduced in the current labor law in the private sector in order to keep pace with the development in the labor market and that the positive aspects of the draft law will have positive impacts on many sectors and the State’s social and economic plans.
He said “Many meetings were held in order to come up with a draft law which does not conflict with the international agreements and standards ratified by the Kingdom, a process which took seven years to complete so far”. He pointed out that “it is essential that the amendments made in the law be in substance in a way that would not postpone issuance of the law.”
Then, Their Excellencies the Members of the Shura Council proceeded with the discussion of the articles of the law and a number of the articles were approved and the Council decided to continue consideration of the remaining articles in its upcoming session.