- Law No. (33) of 2015.
- The powers of the High Council for Vocational Training as stated in Decree no (20) of 1975 has been transferred to the Labour Fund, in pursuant to Legislative Decree (33) of 2015.
LAW NO. (17) OF THE YEAR 2007
WITH RESPECT TO VOCATIONAL TRAINING
We, Hamad bin Isa Al Khalifa, King of the Kingdom of Bahrain,
- Having considered the Constitution,
- And the Labour Law for Private Sector promulgated by Legislative Decree No. (23) of 1976, as amended,
- And Legislative Decree No. (25) of 1998, with respect to private educational and training establishments,
- And Legislative Decree No. (20) of 1975, with respect to establishing the High Council for Vocational Training,
- The Shura Council and the Council of Representatives approved the following Law, which we ratified and enacted:
In the application of the provisions of this Law, the following words and expressions shall have the meanings assigned against each, unless the context otherwise requires:
Vocational Training: Theoretical and practical methods and programmes that contribute to the developing the workers’ and job-seekers’ knowledge and skills to raise the level of their production efficiency with the aim of qualifying them for a particular vocation or transferring them from one occupation to another and the above includes basic training, advance training (on-the-job training) continuous training and transfer training.
The Employer: Every natural or corporate person who employs a worker or more for a wage of any kind, whatsoever, and is subject to the Labour Law for the Private Sector.
The Ministry: Ministry of Labour
The Minister: The Minister of Labour
The Council: The High Council for Vocational Training
This Law shall be applicable to all organizations that provide vocational training especially the following:
- Private training institutions laid down in Legislative Decree No. (25) of 1998 with respect to Private Educational and Training Institutions.
- Vocational training centres and institutes set up by employers to train their workers.
- Vocational training centres and institutes set up by the Ministry.
Vocational training shall take place within the establishment owned by an employer or at training centres and institutes established for this purpose or in co-operation between them according to the professional fitness and international standards.
Training shall include on-the-job training at the workplace according to the terms and conditions set forth in the Law.
At the end of the training, the trainee shall undergo an examination according to the occupational levels to be mutually agreed upon with the Ministry. Vocational Training Providers shall award the trainee who successfully completes the training programme a certificate this effect showing the level attained and the skills acquired. The Minister shall issue an order specifying training standards, details to be recorded in such certificate and the conditions and procedures for its recognition.
Upon the Council’s approval, the Minister shall issue an order containing schedules of vocational classification and description to be prepared according to the vocational training programmes and employment of manpower. Employers shall comply with such schedules upon determination of the job titles and duties in establishments owned by them.
Upon the Council’s approval, the Minister shall issue an order determining the organizations concerned with measuring skill levels, vocations subject to such measuring process, method of conducting it, place in which it is conducted, its requirements, skill levels for each vocation, certificates awarded by such entities, details to be included in such certificates, fees for award of such certificates, and cases of exemption from such fees.
Subject to an order of the Minister to be issued upon an application an employer, a vocational training institute or centre may be set up to raise the level of his workers’ production efficiency and to provide an establishment owned by him with its requirements of trained technical personnel. An order of the Minister shall determine the manner of filing such application, its procedures and time limit for adopting a decision in respect thereof.
Upon the Council’s approval, employers may set up joint institutes or centres for training their workers.
Entities that undertake vocational training shall insure trainees against job injuries and occupational diseases that may be exposed to during training.
An instructor who proves vocational training shall have the appropriate qualifications and experience that are approved by the Ministry. An order of the Minister shall determine the qualifications and experience that must be fulfilled by instructors.
A trainee, who is not employed by an employer, shall be entitled to receive remuneration during the training period. The amount of remuneration and entitlement conditions shall be determined an order of the Minister.
Without prejudice to the provisions of this Law, vocational training institutes and centres set up by employers for training their workers shall comply with the following:
- Vocational training shall take place according to the occupational level with the numbers to be agreed upon with the ministry, provided that the number of Bahraini workers trained annually shall not be less than 10% of the total number of the establishment’s workers.
- Vocational training shall include a theoretical course or practical training, or both, according to the training programmes prepared by the employer or his representative in agreement with the Ministry.
- A separate place shall be allocated for training, which shall fulfill the safety and security requirements while explaining the potential training risks and procedures to the trainee including the use of the necessary tools, machinery and equipment in addition to training in workshops and at workplaces.
- Practical training shall be completed with on-the-job training, and such training shall be supervised by an official appointed by the employer.
- Training shall be provided in the Kingdom of Bahrain as far as possible.
An employer shall pay a worker his wages in full for his training period, whether inside or outside the establishment.
A worker who is trained by an Employer outside Bahrain at the employer’s expense shall be obliged to work for the employer for twice the period of training with a minimum of one year after the training. If training takes place inside Bahrain, the worker shall be obliged to work for a period that equals the training period.
If a worker violates the obligation set forth in the preceding paragraph, the employer shall be entitled to recover all costs incurred towards the worker’s training pro rata the period his employment obligation.
An employer shall maintain registers of his trainees; and an order of the Minister shall determine such registers and the particulars to be entered therein.
“ As Amended pursuant to Legislative Decree (33) of 2015”
Employers, who employ more than 200 workers, whether they work in one place or in separate places, shall employ a human resources specialist to supervise training in the establishment.
Employer shall train a number of job-seekers in specific occupations or professions, and an order of the Minister shall determine the number of trainees and training conditions.
Training of job-seekers shall take place pursuant to a training contract, and the terms and conditions of such contract shall be determined by an order of the Minister.
A trainee may terminate the training contract prior to the expiry of its term if the employer violates the contract conditions without the latter having the right to claim the costs incurred in training.
Further, an employer may, with the Ministry’s approval, terminate the training contract if the trainee violates the contract conditions.
An employer may give priority in filling vacancies therewith for trainee job-seekers who have successful completed the training course he has prepared.
A committee to be called the “National Committee for Vocational Counselling and Guidance” shall be formed with the mandate to draw up a national plan of vocational counseling guidance. The said plan shall be referred to the Council of Ministers for approval. The Committee’s formation, powers and deliberations, shall be determined by an order of the Minister.
Amounts due to a trainee or beneficiaries on his behalf arising from training shall have a lien over all the employer’s properties such as movables and real properties and shall be recovered in priority over any debt or funds including the debts and sums of money due to the Government.
Cases involving disputes arising from the enforcement of the law in all stages of litigation brought by the trainee or beneficiaries on his behalf shall be exempted from the judicial fee. Hearing of such cases shall be dealt with on an urgent basis.
The right to bring a legal action arising from disputes related to the provisions of this Law shall be forfeited upon the elapse of one year from the date of termination of the training for any reason whatsoever.
An employer or his representative who violates the provisions of this Law and orders issued for its implementation shall be liable to pay a fine of at least BD 100- and no more than BD 300. The number of fines shall be multiplied by the number of violations committed and the penalty shall be doubled in case of recurrence.
Fines awarded by judgement shall belong to the Ministry and proceeds thereof shall be used for spending upon vocational training activities.
The Minister shall issue the necessary orders for implementing this Law.
Chapter VI of the Labour Law for the private Sector promulgated by Legislative Decree No. (23) of 1976 shall be revoked and the Implementing Regulations issued in respect of such Chapter shall remain in effect to the extent that they do not conflict with this Law pending the issue of the Implementing Ministerial Orders of this Law.
The Ministers, each in his respective capacity, shall implement this Law, which shall come into effect from the day following the date of its publication in the Official Gazette.
Hamad bin Isa Al Khalifa
King of the Kingdom of Bahrain
Issued at Rifaa Palace
On 5th Ramadan 1428 H
Corresponding to 17th September 2007 G