Minister of Health Resolution No. (1) of 2008, on the Reformation of General Medical Committees and Defining Their Competencies.
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Minister of Health Resolution No. (6) of 2008, on Amending Some Provisions of Resolution No. (1) of 2008, Regarding the Reformation of General Medical Committees and Defining Their Competencies.
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Minister of Finance Resolution No. (19) of 2009, on Organizing the Inclusion of a Period of Service Prior to Social Insurance.
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Minister of Finance Resolution No. (1) of 2010, on the Rules and Procedures for the Payment of the Annual Increase of 3% on Pensions Due Under the Social Insurance Law.
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Minister of Finance Resolution No. (4) of 2010, on the Provision of a Cash Bonus for Pensioners and Their Beneficiaries.
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Minister of Finance Resolution No. (7) of 2010
The Minister for Health;
In pursuance of Law No. 13/1975 respecting the Regulation of Pensions and Retirement Indemnities for the Civil Service Employees and Workers; And of the Labour Law for the Private Sector No. 23/1976; And the Social Insurance Law promulgated by Decree Law No. 24/1976; ORDERS :
Article 1
A General Medical Commission shall be formed and shall comprise a chairman and three members from physicians of the Ministry of Health who shall be specialists in internal diseases, surgery and opthalmology. Decisions of the commission shall be valid only if adopted by at least three of its members among whom must be the Chairman and the opthalmologist.
In making its decisions, the commission may seek the advice of specialists other than its members if circumstances so require.
Article 2
The General Medical Commission shall be entrusted with the following functions:-
1-The General Medical Commission shall be entrusted with the following functions:-
-determining their physical fitness for appointment to their posts.
-determining their physical fitness for remaining in service.
-determining the nature of the disability and the degree thereof in the case where the termination of service is for physical unfitness
-ascertaining the medical reasons for the resignation of an employee or worker and establishing that such reasons would threaten his life if he remained in his post or occupation
-considering the determination of the extent of relation between an injury or disease and employment and establishing the disability and the degree thereof.
2-Medically examine such workers to grant them the sick leaves prescribed by laws and regulations in the manner specified by Orders and Regulations made by the Minister for Health in respect of granting sick leaves.
3-Assess ages in all cases where such assessment is required
4-Medically examine students on the occasion of joining schools and institutions or universities abroad.
5-Medically examine, at the request of the appropriate authority, members on educational leave or missions and personnel to be sent abroad
6-Approve and ratify medical reports and certificates brought by patients from abroad for use before official authorities
In general, the functions of the General Medical Commission shall include the consideration of any matter entrusted to it under any law, regulation or rule.
Article 3
Medical sub-commissions may be formed if necessary and shall be entrusted with functions to be specified in the Order for their formation.
Article 4
The Appellate Medical Commission provided for in paragraph 12 of Article 4 of the Social Insurance Law shall comprise a chairman and six members among whom shall be an opthalmologist, and its decisions shall be adopted by a majority vote of members.
The Appellate Medical Commission shall have exclusive authority to review any appeal from decisions of the General Medical Commissions or sub-commissions in the cases and in the manner prescribed by the Law and the regulations issued thereunder.
In making its decisions, the Appellate Medical commission may be guided by opinions of non-member specialists.
Article 5
The medical commissions provided for herein, may ask any physician in the Ministry of Health and hospitals, laboratories or institutions of the Ministry of Health, for technical report, x-rays, outcome of medical observations, or anything deemed by such commissions to be necessary for making their decisions. .
Article 6
The Minister for Health shall, by Order, appoint chairman and members of the commissions provided for herein and issue the internal rules concerning the regulation of the meetings and conduct of business of such commissions.
Article 7
This Order shall come into operation as from the date of its issue and shall be published in the Official Gazette.
Minister for Health Ali Muhammad Fakhro
Issued on 19th Sha'aban, 1396 15th August 1976
Decision No. (1) of 2012
Minister of Finance
Having reviewed the Law No. (13) of 1975 regarding the Regulating of Pensions and Retirement Benefits for Government Employees, as amended;
Law regarding the regulation of the Pensions and Retirement Benefits for officers and Personnel of the Bahrain Defence Force and Public Security, promulgated by Legislative Decree No. (11) of 1976, as amended;
Social Insurance Law promulgated by Legislative Decree No.(24) of 1976, as amended;
Legislative Decree No. (6) of 1991 establishing the Retirement Fund for personnel and officers of the Bahrain Defence Force, Public Security Force, Bahrainis and non-Bahrainis;
National Guard Law promulgated by Legislative Decree No.(20) of 2000, as amended by Legislative Decree No. (38) of 2002;
Legislative Decree No. (14) of 2002 establishing the National Security Agency, as amended,
Law No. (3) of 2008 regarding the Social Insurance Organization;
Legislative Decree No. (47) of 2010 regarding the Management and Powers of the Retirement Fund for Personnel and officers of the Bahrain Defence Force, Public Security Force, Bahrainis and non-Bahrainis, established by Legislative Decree No. (6) of 1991;
Law No. (26) of 2011 regarding Transferring the Reserves of the Government Employees, Officers and Personnel of the Bahrain Defence Force and Public Security, and Insured Persons for their Periods of Service or Participation in the Insurance between the Pension and Insurance Funds to which they are Subject;
And the Prime Minister’s Decision No. (5) of 1981 regarding the rules regulating the exchange of reserves between the various retirement funds,
Hereby Decides:
Article (1)
In applying the provisions of this Decision, the following words and expressions shall have the meanings assigned to them below, unless the context requires otherwise:
1) Beneficiary: Every employee, officer, individual or insured person subject to the provisions of Law No. (13) of 1975 regarding the Regulation of Pensions and Retirement Benefits for Government Employees or the law regulating pensions and retirement bonuses for officers and personnel of the Bahrain Defence Force and Public Security promulgated by Legislative Decree No. (11) of 1976 or the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976, and who submit a request to the current insurance entity to transfer his reserves for the period of his service or the period of his participation in the insurance with the previous insurance entity, and who was not entitled to a retirement pension and did not receive the bonus or one-time compensation.
2) Previous insurance entity: The entity under whose law the beneficiary was subject.
3) Current insurance entity: The entity under whose law the beneficiary has become subject.
Article (2)
Taking into account the provisions of Article One of Law No. (26) of 2011 regarding Transferring the Reserves of Government Employees, Officers and Personnel of the Bahrain Defence Force and Public Security, and Insured Persons for their Periods of Service or Participation in the Insurance between the Pension and Insurance Funds to which they are Subject, the beneficiary submits a request to transfer the reserves between the retirement and insurance funds On the form attached to this decision - complete with all the required data - to the current insurance entity, which undertakes to refer the application to the previous insurance entity as soon as it is received.
The beneficiary may submit the request through his employer.
Article (3)
The service period or the participation period which reserves are required to be transferred may not be divided.
It is also not permissible to request the transfer of reserves for a period of service or a period of participation previously benefited from by consolidation, and the dues for that period shall be settled in accordance with the provisions of the law to which the beneficiary was subject.
Article (4)
The previous insurance entity calculates the reserves for the entire period of service of the beneficiary or the period of his participation in the insurance based on the proceeds of his participations against old-age, disability and death insurance branch that were deducted from his salary or wages, the share of the government or the employer that was paid for his account, and the cost of the hypothetical periods purchased, added and consolidated to his service period or subscription period plus the investment returns achieved on the collected subscriptions or the sums collected during the period from the date of submission to the law to which he was subjected or from the date of consolidation, as the case may be, until the date of transfer of the proceeds to the fund to which he became affiliated.
The cost of the unfunded added periods is estimated on the basis of the contributions’ proceeds that were supposed to be paid for those periods at the time of acquiring the right to them, with the due returns being paid according to the foregoing.
Article (5)
The previous insurance entity shall transfer the aforementioned reserves to the current insurance entity within a period not exceeding ninety days from the date of referring the request to it.
The latter shall notify the beneficiary, by registered letter, of the completion of the transfer of his reserves and the period calculated for him within fifteen days from the date of completion of the transfer.
Article (6)
It is not permissible to abandon the request to transfer the reserves after the completion of their transfer.
The transfer of reserves shall not be prevented by the death of the beneficiary after the completion of the procedures for submitting a transfer request, and the previous insurance entity shall be obliged to transfer the reserves within the period referred to in the previous article of this decision.
In the latter case, the current insurance entity shall notify the beneficiary, by registered letter, of the completion of the transfer of the reserves and the period calculated therein within fifteen days from the date of completion of the transfer.
Article (7)
It is not permissible to complete the reserves transfer procedures in the event that there is a deduction from the salary or monthly instalments of the beneficiary in favour of the fund in the previous insurance entity, unless he settles those amounts, in accordance with the relevant laws and regulations.
Article (8)
This decision does not apply to cases of transfer, installation or re-installation stipulated in the Prime Minister Decision No. (5) of 1981 regarding the rules regulating the exchange of reserves between different retirement funds.
Article (9)
This Decision shall be published in the Official Gazette and shall come into force as of the date of its publication.
Minister of Finance.
Aḥmed bin Moḥammed Al Khalifa
Issued on: 21 Safaar 1433 A.H.
Corresponding to: 15 January 2012
Decision No. (9) of 2013 regarding the Amendment of the Funeral Expenses Grant
Minister of Finance
Having reviewed the Social Insurance Law issued by Legislative Decree No. (24) of 1976, as amended, and in particular Article (91) thereof;
Law No.(3) of 2008 regarding the Social Insurance Organization;
And the Decision of the Board of Directors of the Social Insurance Organization No. (6) in its meeting No. (1) of 2013 held on 21 April 2013 approving the amendment of the Value of the Funeral Expenses Grant in the Social Insurance Law;
And upon the submission of the President of the Board of Directors of the Social Insurance Organization,
Hereby Decides:
Article One
The funeral expenses grant shall be paid at the rate of three months’ salary if the insured person dies while in service. The mentioned grant shall be paid at the rate equivalent of three times of the assumed pension to be paid to the insured person if he dies within one year from the date of his insurance cessation. It shall also be paid at a rate of three months pension if the pensioner dies.
In all cases, the value of the funeral expenses grant shall not be less than 500 dinars (five hundred dinars) and shall be paid in accordance with Article (91) of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976.
Article Two
Any provision that contradicts the provisions of this Decision shall be repealed.
Article Three
This Decision shall take effect from the date of its publication in the Official Gazette.
Minister of Finance
Aḥmed bin Moḥammed Al Khalifa
Issued on: 5 Rajab 1434 A.H.
Corresponding to: 15 May 2013
Having reviewed the Social Insurance Law issued by Legislative Decree No. (24) of 1976, as amended, and in particular Article (91) thereof;
Law No.(3) of 2008 regarding the Social Insurance Organization;
And the Decision of the Board of Directors of the Social Insurance Organization No. (6) in its meeting No. (1) of 2013 held on 21 April 2013 approving the amendment of the Value of the Funeral Expenses Grant in the Social Insurance Law;
And upon the submission of the President of the Board of Directors of the Social Insurance Organization,
Hereby Decides:
Article One
The funeral expenses grant shall be paid at the rate of three months’ salary if the insured person dies while in service. The mentioned grant shall be paid at the rate equivalent of three times of the assumed pension to be paid to the insured person if he dies within one year from the date of his insurance cessation. It shall also be paid at a rate of three months pension if the pensioner dies.
In all cases, the value of the funeral expenses grant shall not be less than 500 dinars (five hundred dinars) and shall be paid in accordance with Article (91) of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976.
Article Two
Any provision that contradicts the provisions of this Decision shall be repealed.
Article Three
This Decision shall take effect from the date of its publication in the Official Gazette.
Minister of Finance
Aḥmed bin Moḥammed Al Khalifa
Issued on: 5 Rajab 1434 A.H.
Corresponding to: 15 May 2013
Decision of the Minister of Finance and National Economy No. (22) of 2020
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Minister of Labour and Social Affairs Decision No. (15) of 1976, Social Insurance, dated 14/10/1976, concerning the Formation of a Committee to Review the Establishment’s System Assets with Employers.
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Minister of Labour and Social Affairs Decision No. (19) of 1976, Insurance, dated 24/10/1976, Regarding the Authorization to Reduce the Contribution Rate for the Workmens Compensation Insurance Branch for Bahrain Oil Company, Ltd
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Minister of Labour and Social Affairs Decision No. (8) of 1977 concerning the Establishment of the Oversight Committee at the General Organization for Social Insurance
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Minister of Labour and Social Affairs Decision No. (25) of 1977 on the Formation of the Dispute Resolution Committee mentioned in Article 104 of the Social Insurance Law
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Minister of Labour and Social Affairs Decision No. (6) of 1984, Social Insurance, concerning the Assignment of Employees at the General Organization for Social Insurance to Inspect the Establishments of Employers Subject to the Social Insurance Law
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Minister of Labour and Social Affairs Decision No. (12) of 1985, Social Insurance, concerning the Assignment of Employees at the General Organization for Social Insurance to Inspect the Establishments of Employers Subject to the Social Insurance Law
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Minister of Labour and Social Affairs Decision No. (3) of 1986, Social Insurance, concerning the Assignment of Employees at the General Organization for Social Insurance to Inspect the Establishments of Employers Subject to the Social Insurance Law.
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Minister of Labour and Social Affairs Decision No. (6) of 1988, concerning the Assignment of Employees at the General Organization for Social Insurance to Inspect the Establishments of Employers Subject to the Social Insurance Law.
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Decision No. (5) of 1988 regarding the Implementation of Legislative Decree No. (15) of 1987 amending some provisions of the Social Insurance Law, promulgated by Legislative Decree No. (24) of 1976
Minister of Labour and Social Affairs
Having reviewed the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976, and the laws that amend it;
Legislative Decree No. (15) of 1987 Amending certain provisions of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976;
And upon the submission of the Director General of the Social Insurance Organization,
Hereby decides:
Article One
The old-age (retirement) pensions of those whose service has ended will be recalculated and calculated in accordance with the provisions of the Social Insurance Law up to the date of entry into force of the aforementioned Legislative Decree No. (15) of 1987, by adding a hypothetical contribution period of sixty months of insurance to the period for which they were entitled to the Organization pension. This hypothetical period shall be added without payment of any contributions for the period or periods eligible for the said pension, and the modified pensions shall be disbursed as from the pension due for the month of December 1987.
Further, pension accounts shall also be settled on the basis of the period or periods rendering a person eligible to receive old age (retirement) pensions, to which shall be added the hypothetical contribution period referred to in the preceding Paragraph. This shall be applicable to persons whose employment is terminated during the effective period of Legislative Decree No. (15) of 1987, that is the pensions due until 30 November 1992.
Article Two
If the wages on the basis of which insurance contributions are calculated vary, and if the insureds or their beneficiaries request the assessment of the pension on the basis of dividing the period of contributing to insurance into separate periods according to Article (43) of the Social Insurance Law, regard shall be given in settling and re-calculating the old age (retirement) pension to calculate the pension in proportion to the hypothetical period referred to in the preceding Article on the basis of the average wage while the provisions of Articles (39, 40, 41, and 43) of the Social Insurance Law shall be complied with.
Article Three
The following steps shall be complied with in making the settlement and calculation of pensions according to the conditions governing each, namely:
1- Addition of the hypothetical three years referred to in Article (41) of the Social Insurance Law in cases of disability and death for non-occupational reasons.
2- Addition of the purchased period or periods, if any.
3- Addition of the periods for which the insured receives daily allowances due to employment injuries.
4- In the calculation of insurance contribution periods, a fraction of a month shall be rounded up to a full month in each period, then a fraction of a year in the total of such periods shall be rounded up to a whole year if such course of action shall result in the insured's entitlement to a pension.
5- Addition of the hypothetical sixty insurance months referred to in the case of settlement of old age (retirement) pensions.
6- Ensuring the application of the prescribed increases for pensioners and their beneficiaries during the lifetime of a beneficiary or after his death.
7- Ensuring the consideration of the provisions of the minimum beneficiary pension and the minimum pension for each of the insured and the beneficiaries.
8- Ensuring the application of provisions governing the family grant scheme.
Article Four
If a pensioner who has retired due to old age or a natural disability is re-employed in a remunerative position, which is subject to the Social Insurance Law, he shall combine between the pension to which he is entitled as a beneficiary and the salary gained from such employment as an insured. If the total exceeds either the average wage or the wage on the basis of which the old-age (retirement) pension or the disability pension has been calculated, the excess shall be deducted from the pension throughout the period of obtaining in and the reduction of the pension shall continue to the extent of increments to his wage.
In case of termination of the new period or periods of the pensioner's service for which he is contributing to the social insurance scheme for old age, disability and death, the pension shall be settled for the two or more periods of contributing to the social insurance scheme as being a single unit, either on the basis of the average of the two averages of wages for each period or the average of wages for the entire new period, or on the basis of the average of wages for the last period thereof whichever is more favourable to him provided that the pension calculated accordingly shall not be less than that if calculated according to the preceding bases referred to with due regard to articles (39, 40, 41, 43) of the Social Insurance Law. If the added period is less than one year, a lump sum shall be paid in such case.
The hypothetical three-year period referred to in Article (41) of the aforesaid Law may not be calculated as part of the period(s) contributing to the insurance in the event of disability except once.
Article Five
If a pensioner who has retired due to old age is re-employed in a remunerative job which is subject to the Social Insurance Law, and should his employment be terminated due to an employment injury or by reason of complications of a previous employment injury, in such case, the settlement shall be made according to the provisions of the insurance branch against employment injuries set forth in the Social Insurance Law. In such case, a pensioner may combine between the old age pension and the pension due for disability or death because of an employment injury.
Article Six
If a pensioner who receives a pension by reason of an employment injury continues his employment or takes up another remunerative job, which is subject to the Social Insurance Law, he shall combine between the pension and the salary without any limits according to the aforesaid Law. Should his service be terminated due to a new employment injury or due to a completion of the previous employment injury or injuries affecting his continued employment or his joining the remunerative job, his new pension shall be assessed on the basis of the total resulting disability from all his injuries and the wage at the time of establishing the disability arising from the most recent injury, provided that his pension shall not be less than the pension of the earlier injury should it be more favourable.
In all cases, the Social Insurance Organization shall comply with the provisions of Articles (71, 72, 73, and 74) and Paragraph Two of Article (106) of the same Law.
However, if the insured was not a pensioner and was previously compensated for his previous injury or injuries by a lump sum compensation, and if his employment in his previous job or new job is terminated due to a new employment injury resulting in a permanent or partial disability representing a percentage of 30% or more of total disability, in such case, Social Insurance Organization shall pay thereto a pension from which shall be deducted the difference between the compensation that was previously paid thereto presuming he was entitled to a pension instead paid on a monthly basis to be calculated on the basis of the estimated degree of disability in each previous time(s), and the new pension. The deduction shall be to the extent of one quarter of the pension until the compensation paid thereto shall be fully recovered.
Article Seven
As of the first of December 1987 which is the effective date of Legislative Decree No. (15) of 1987 an insured, pensioner, beneficiaries shall combine between the pension accrued according to the branch of insurance against old age, natural disability, and death and the pension accrued to the branch of insurance against employment injuries, as the case may be.
Article Eight
If an insured is re-employed in a remunerative job, which is subject to the Social Insurance Law, and shall he be entitled to a pension for his earlier employment period(s) according to Law No. (13) of 1975 regarding the Regulation of Pensions and Retirement Gratuities for Government Employees, as amended, or Law No. (11) of 1976 Promulgating the Law Pensions and Retirement Gratuities for officers and Personnel of the Bahrain Defence Force, and Public Security, as amended, and should his service be terminated from the said job, his pension shall be settled according to the provisions of the preceding Articles of this Decision, provided that the period of contributing to the insurance for the remunerative job in which he was re-employed shall not be less than one year. The first pension shall be added thereto, and the pensioner shall receive a pension equalling the total of both, subject to the provisions of Prime Ministerial Decision No. (5) of 1981 regarding the Rules Governing the Exchange of Reserves between various Retirement Funds, otherwise Social Insurance Organization shall be bound to pay the pension accrued thereto according to the Law for the new period.
Article Nine
Without prejudice to Article 6 of this Decision, the total of the two pensions or more accrued according to the Social Insurance Law shall not exceed the maximum pension provided for therein. It shall not exceed the average wage or the wage according to which the pension was calculated, whichever is larger, even though the two pensions or more pensions have accrued for the first and second insurance branches.
There shall be expected from the above that in cases where the two pensions or several pensions have been equally apportioned among the beneficiaries and where the share of each is less than the legally prescribed minimum, including the share of the eligible pensioner during his lifetime or according to the prescribed rates after his death, the share of each shall be increased to the aforesaid minimum even though the total shares exceed the two or several pensions calculated for the eligible pensioner or if the total shares, including that of the eligible pensioner exceed the maximum pension provided for in the Law. The addition shall be deemed in all cases a family grant for the eligible pensioner and for his beneficiaries, and the payment thereof shall continue so long as the conditions thereof continue to be fulfilled during the lifetime of the eligible pensioner or after his death.
Article Ten
The Director General of the Social Insurance Organization shall implement this Decision, and shall be published in the Official Gazette.
Minister of Labour and Social Affairs
Khalifa bin Salman bin Mohammed Al Khalifa
Issued on 23 Shaaban 1408 A.H.
Corresponding to 9 April 1988
Decision No. (1) of 1989 regarding the Reduction in the Contribution Rate for work injuries Insurance at the American Mission Hospital
Minister of Labour and Social Affairs:
Having reviewed the Articles (47) and (48) of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976, as amended;
And upon the approval by the Board of Directors of the General Social Insurance Authority at its sixty-sixth meeting held on 28/11/1988 to reduce the subscription to the work injuries insurance branch;
And upon the submission of the Director General of the Social Insurance Organization,
Decides:
Article One
The reduction in the percentage of contributions to insurance against work injuries and occupational disease, as provided for in Clause (1) of Article (47) of the Social Insurance Law, for the American Mission Hospital is two-thirds for a period of one year from 1/1/1989. In exchange, the said hospital shall undertake to provide medical care to insured persons in the event of an accident, in accordance with Article (50) of the Social Insurance Law. The employer shall bear the cost of daily benefits in the event of an accident, as well as transport costs.
Article Two
The Administration of the American Mission Hospital shall undertake to display in a visible manner inside its premises free medical care for the insured among its workers and employees in the event of an occupational injury or disease, in accordance with this Decision as of 1/1/1989.
Article Three
The Director General of the Social Insurance General Authority shall implement this Decision, and it shall be published in the Official Gazette.
Minister of Labour and Social Affairs
Khalifa bin Salman bin Mohamed Al Khalifa
Issued on: 25 Jumada Al-Akhir 1409 A.H.
Corresponding to: 2 February 1989
Minister of Labor and Social Affairs Resolution No. 14 /
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Decision No. (8) of 1988 regarding Voluntary Insurance for the Insured
Minister of Labour and Social Affairs:
Having reviewed Article (44) of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976;
And the proposal of the Board of Directors of the Social Insurance Organization in its session No. (58), held on 29/01/1986;
And upon the submission of the Director General of the Organization,
Decides:
Article One
Every insured person who has compulsorily subscribed to old age, invalidity, and death insurance for a period of at least five years and who, for whatever reason, no longer meets the conditions for membership laid down in the aforementioned Social Insurance Law, has the right to continue such insurance voluntarily, provided that he applies to the Social Insurance General Organization in writing on the form prepared for this purpose, in order to continue to subscribe to the old age, disability, and death insurance branch within six months of not being subject to compulsory membership of this insurance. During which time he shall undertake to pay the full amount of the insurance contributions due by him and by the employer to the aforementioned Organization, in accordance with the conditions specified in this Decision and in accordance with the subscription provided for the category he chooses in the attached Table.
The value of the category chosen by the insured for the first time may not exceed 40% of the last salary on which the compulsory insurance contribution was paid, and he may choose a lower category.
Article Two
The monthly contributions are due at the value indicated in the attached table according to the category in which the insured chooses to pay the contribution for the first time and for the other categories he chooses thereafter. The contributions shall be paid to the Organization in accordance with the terms and conditions stipulated in this Decision and on the dates specified in the aforementioned Social Insurance Law and the ministerial decisions issued in implementation thereof.
Article Three
The insured shall continue to pay the contributions on the basis provided for in the second preceding Article for the duration of his subscription to the insurance, and he may request in writing to change the category under which the contributions are paid to the Organization into the category immediately higher than the category under which he is insured, provided that the duration of his subscription in the category from which he is transferred is not less than two years. If he has reached the age of fifty-five and is not over sixty, and for three years if he has reached the age of forty-five and is not over fifty-five, and for four years if he is under forty-five.
The category can be changed immediately to the lowest level, provided that half of the periods provided for in the previous paragraph have been completed.
The aforementioned request shall be submitted at least six months before the insured reaches the age specified in the preceding paragraph in each case.
The request for a change in category shall be submitted to the Social Insurance Organization on the form prepared for this purpose.
The change in category shall apply in all cases from the first of January following the date of submission of the request for change.
Article Four
An old-age pension shall be payable on the basis of the contribution periods provided for in Article (34) of the above-mentioned Social Insurance Law and in accordance with the conditions contained therein.
The pension shall be calculated on the basis provided for in this Law.
Article Five
The insured person or his beneficiaries shall be entitled to a lump-sum compensation in the cases provided for in Article (38) of the aforementioned Social Insurance Law.
The lump-sum compensation shall be calculated on the basis provided by the Law.
Article Six
The insured or his heirs are entitled to a pension in the event of the insured's permanent total disability or death if the disability or death occurs during the period in which he continued to subscribe voluntarily to the insurance or within one year of the date on which he stopped subscribing.
In this case, the pension shall be calculated according to the provisions of Articles (27 and 41) of the Social Insurance Law.
Article Seven
A payment on death equal to six times the last category in which the contribution was paid will be made to the insured person's widow, to the pensioner's widow, to the pensioner's eldest child, to his heirs on his death, or to six times the amount of the pension due if he is retired.
In the event of death, the funeral expenses determined in accordance with the provisions of the aforementioned Social Insurance Law are also paid to the insured person's widow. If they are not available, they are paid to the insured person's eldest child or to the person bearing the expenses of the funeral. If no one is available to attend the funeral, the Social Insurance Organization covers the costs.
Article Eight
The periods of subscription to compulsory insurance and the voluntary period(s) of subscription in accordance with this Decision are considered to be continuous for the calculation of the qualifying periods for the pension of the insured person or his beneficiaries.
The old-age pension (retirement) is calculated for all the periods referred to in the previous paragraph on the basis of the average of the last twenty-four months, whether it concerns the period of optional insurance or the period of both voluntary insurance and compulsory insurance if it is less than this limit.
The insured person and his beneficiaries may request treatment in accordance with the provisions of Article (42) of the Social Insurance Law, whether in respect of the period of voluntary insurance or in respect of the period of compulsory and voluntary insurance combined.
Article Nine
The Social Insurance Organization shall prepare the forms and files necessary for the implementation of this Decision, and a decision shall be issued by the Director General of the said Organization.
Article Ten
This Decision shall be published in the Official Gazette and shall come into force from the first day of the month following its publication.
Minister of Labour and Social Affairs
Chairman of the Board of Directors of the Social Insurance Organization
Khalifa bin Salman bin Mohammed Al Khalifa
Issued on 9 Safar 1409 A.H.
Minister of Labor and Social Affairs Resolution No. (1) of 1994, on Optional Insurance.
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Minister of Labour and Social Affairs Decision No. (21) of 1978 Defining the Cases in Which Pensions Are Paid by the Social Insurance Organization Abroad to Residents in the Kingdom of Bahrain
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Minister of Labor and Social Affairs Resolution No. 4 / of 1979, dated 20/1/1979, on the Organization of Requests for the Inclusion of Periods Prior to Enrollment in Social Insurance
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Decision No. (7) Insurances of 2001 regarding Procedures and Provisions to Be Taken in Case of Loss of the Insured or Pensione
Minister of Labour and Social Affairs
Having reviewed the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976, as amended, in particular Article (92) thereof;
Decision of the Minister of Labour and Social Affairs No. 14 Insurances dated 24/4/1978 regarding the Procedures, Dates and Method of Requesting the Payment of Allowances, Compensations, Pensions and Grants, the Parties from which They are Paid, the Payment Documents and the Dates of Their Submission;
And the proposal of the Board of Directors of the Social Insurance Organization in its session No. (4) held on 10/9/2000,
And upon the submission of the Director General of the Social Insurance Organization,
Hereby Decides:
Article One
In applying the provisions of this Decision, the case of loss of the insured or the pensioner shall be confirmed by the beneficiaries or their legal representatives, who inform the relevant police department, and a report of the loss case shall be issued in which the date and circumstances of the loss are recorded.
Article Two
The beneficiaries of the insured or the pensioner shall submit a written request to the Social Insurance Organization to obtain the monthly subsidy stipulated in Article (92) of the Social Insurance Law, accompanied by the following documents:
1.The documents required for the payment of the death pension stipulated in Ministerial Decision No. 14/Insurances promulgated on 24/4/1978, with the exception of the death certificate.
2.An official copy of the police report issued regarding the loss.
3.c. An administrative certificate approved by the relevant police department that the missing person has not been found within three months from the date of loss.
4.A certificate approved by the employer for whom the insured was working detailing the type of work he was performing, and the loss during it, if the loss occurred while performing the work.
Article Three
The payment of the subsidy to the beneficiaries of the insured or the pensioner shall be suspended - or the pension paid to them shall be cancelled according to the circumstances - if the insured or the pensioner is found alive, as of the beginning of the month following the date of finding him, according to the certificate issued in this regard by the relevant police department.
Article Four
The loss benefit paid to the beneficiaries of the missing insured if he is found alive shall be considered valid if it is proved from the investigation of the competent authorities that the loss was for a reason beyond his control, such as amnesia, insanity, captivity, or other cases in which the missing person cannot notify the employer or his family of his whereabouts, and in other such cases, the disbursement of the subsidy shall be considered a debt on the insured or his beneficiaries. The Social Insurance Organization shall require him or them in accordance with the procedures authorised by the law without prejudice to his or their criminal accountability if necessary.
It is also considered valid what was paid from the loss benefit to the beneficiaries of the pensioner if he is found alive, provided that he submits a declaration signed by him of the validity of the pensions paid to them; otherwise, these amounts are considered a debt owed to the pensioner, who has the right to require them without prejudice to their criminal accountability if necessary.
Article Five
A death grant shall be paid to the beneficiaries of the insured or pensioner, after the lapse of a period of four years from the date of his loss or after his death is proven in fact or judgement, in accordance with the provisions stipulated in Article (89) of the Social Insurance Law, provided that this grant is recovered from those to whom it was paid in all cases if the insured or pensioner is found alive.
Article Six
The Director General of the Social Insurance Organization shall implement this Decision, which shall come into force from the date of its publication in the Official Gazette.
Minister of Labour and Social Affairs
Abdulnabi Abdullah Al-Shoala
Issued on 15 Safar 1422 A.H.
Corresponding to 9 May 2001
Minister of Health Resolution No. (5) of 2001, on the Formation of General Medical Committees and Defining Their Competencies.
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Minister of Labor and Social Affairs Resolution No. (6) of 1980, on the Executive Procedures for the Decree-Law No. (8) of 1980, Concerning the Grant of an Increase for Pensioners and Beneficiaries.
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Decision No. (1) Insurance of 2002 regarding the Conditions, Situations, Cases of Replacement, and the Amounts to be Refunded in Return for Suspension of Replacement
Minister of Labour and Social Affairs
Having reviewed the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976, as amended, particularly Article 144, 145, 146, and 147 thereof;
Decision of the Minister of Health No. (16) of 1986 regarding the Examination of Pension Replacement Applicants;
And the proposal of the Board of Directors of the Social Insurance Organization in its session No. (6) held in 15/10/2001;
And upon the submission of the Director General of the General Organisation for Social Insurance;
Decides:
Article One
The General Organisation for Social Insurance shall have the right, at the request of the beneficiaries of the old-age pensioners, to replace part of his pension with a total amount determined as capital for the replaced value from the pension, in accordance with Table No. (6) attached to the Social Insurance Law, under the conditions, situations, and cases mentioned in this Decision.
Article Two
Taking into account the provisions of this Decision, the pension shall be replaced within the limit of 25% of its value before the addition of the grants stipulated in the Acting Prime Minister’s Decision No. (12) of 1979 on the Family Grants System. The pensioner shall only be entitled to replacement for a second time after the lapse of at least two years from the date of payment of the last instalment of the last replacement. The Dinar fraction shall also not be replaced.
Article Three
It shall not be permissible to replace the injury pension or the disability pension, and it shall not be permissible for the beneficiaries of the pensioner to replace their pensions.
Article Four
The replacement applicant shall issue the Form No. ( 1/ Replacement) attached to this Decision, and shall submit it to the General Organisation for Social Insurance. The aforementioned Organization shall record the replacement requests submitted to it in a dedicated register, which shall include the following data:
1- The receipt date of the request in order of precedence.
2- Registration number and date in The Commercial Register.
3- The name of the replacement applicant.
4- The fixed insurance number for the replacement applicant.
5- The personal number of the replacement applicant.
6- The pension linking number of the replacement applicant.
7- The value of the entitled pension.
8- The part of the pension requested to be replaced.
9- The payment duration of the replacement amount.
10- Number of previous replacements, if any.
11- The address of the replacement applicant.
Article Five
The General Organisation for Social Insurance shall refer the replacement applicant to the competent medical committee of the Ministry of Health, in accordance with Form No. ( 2/ Replacement) attached to this Decision, in order to conduct the medical examination on him and assess his health status, as stipulated in the Minister of Health’s Decision No. (16) of 1986 regarding the Examination of Pension Replacement Applicants. The aforementioned medical committee shall return the aforementioned Form to the aforementioned Organization, indicating the result of the medical examination. The replacement applicant shall bear the fees prescribed for the medical committee.
Article Six
The replacement procedures shall be carried out if it is proven from the medical examination that the health of the replacement applicant is in a good or average condition. In the latter case, the competent medical committee in the Ministry of Health shall add to the age of the replacement applicant a number of years according to his health condition. The age after this addition shall be considered the basis for determining the replaced pension capital, in accordance with table No. (6) referred to in Article one of this Decision as well as the principles contained therein.
The medical examination result shall remain valid for one Gregorian year from the date of issuance of the mentioned medical committee’s decision, for the purpose of completing the replacement procedures.
It is not permissible to complete the replacement procedures if it is proven from the medical examination that the health condition of the replacement applicant is unsatisfactory/non-medical, as it shall not be permissible to conduct the medical examination in this case on the replacement applicant until at least one year has passed from the date of conducting the first medical examination.
Article Seven
It is not permissible for the pensioner to replace part of his pension if it becomes clear to the General Organisation for Social Insurance that deductions are being made from his pension for its benefit or for the benefit of others equivalent to 25% of its value. If it is less than that, he shall be permitted to replace it with an amount equal to the difference between the mentioned percentage and the percentage of those deductions in relation to the pension.
Article Eight
In case the replacement request is rejected for any of the reasons mentioned in Articles six and seven of this Decision, the General Organisation for Social Insurance shall notify the applicant of this, indicating the reasons for the rejection, all on the Form No. (3/ Replacement) attached to this Decision.
Article Nine
The capital of the replaced pension shall be calculated in accordance with table No. (6) attached to the Social Insurance Law and in accordance with the age of the replacement applicant at the date of conducting the medical examination, taking into account the years added to this age as mentioned in the first paragraph of Article Six of this Decision.
Article Ten
The replacement applicant shall be notified, by a registered letter with an acknowledgement of receipt sent to the address he stated in the replacement request with the capital value to which he is entitled for the part of the pension he requested to replace, in order to express his acceptance in writing before the competent employee. This shall be recorded in the competent directorate of the Organization in accordance with Form No. (4/ Replacement) attached to this Decision. If he does not express his acceptance to the Organization in writing within two months from the date of him being notified of the value of the entitled capital, or refuses to sign it before the competent employee, he shall be deemed to have waived the replacement request, and all procedures for completing the replacement shall be suspended. However, the Director General of the Organization shall have the right to overstep the two-month period referred to if the replacement applicant provides justifiable reasons for this.
Article Eleven
The due replacement fee shall be paid by a cheque delivered to the replacement applicant with the necessary receipt, or shall be deposited in his account with the bank he specifies in writing.
Article Twelve
The General Organisation for Social Insurance shall deduct the monthly replacement instalment from the pension of the replacing party until the instalments are fully paid, starting from the pension of the month following the month in which the replacement amount was paid.
In case the aforementioned instalments cannot be deducted due to suspending the payment of the pension or part of it for any reason, the replacing party shall pay the remaining instalments on their due dates.
In case he fails to do so, the aforementioned Organization shall take the legal measures it deems necessary to fulfil its full dues.
Article Thirteen
The replacing party shall be permitted, at any time, to request the suspension of the replacement in accordance with Form No. (5/ Replacement) attached to this Decision, in return for paying the current value of the remaining instalments of the replaced amount in one single instalment, all in accordance with the table attached to this Decision, in which case the collection of the replacement instalments shall be suspended as of the date the full instalments referred to are paid.
Article Fourteen
Replacement instalments shall be forfeited upon the death of the replacing party, and the pension of his beneficiaries shall be settled on the assumption that he has not replaced anything of his pension.
Article Fifteen
The Director General of the General Organisation for Social Insurance shall implement the provisions of this Decision.
Article Sixteen
This Decision shall be published in the Official Gazette, and shall come into force as of the 1st of March 2002.
Minister of Labour and Social Affairs
Abdulnabi Abdullah AlShoala
Issued on 16 Dhul-Qa'dah 1422 A.H.
Corresponding to 30 January 2002
Decision No. (2) of 2002 amending Decision No. (1) of 1994 regarding the Optional Insurance
Minister of Labour and Social Affairs
Having reviewed the Social Insurance Law, promulgated by Legislative Decree No. (24) of 1976, as amended;
Decision of the Minister of Labour and Social Affairs No. (1) of 1994 regarding the Optional Insurance;
Upon the proposal of the Board of Directors of the Social Insurance Organization at its meeting No. 7/2002, held on 31/07/2002;
And upon the submission of the President of the Social Insurance Organization.
Hereby Decides:
Article One
The text of Article One of Decision No. (1) of 1994 of the Minister of Labour and Social Affairs regarding the Optional Insurance shall be replaced with the following text:
"Any worker who has been compulsorily insured for old age, disability, and death for a period of at least five years and who, for whatever reason, no longer fulfils the conditions for membership laid down in the Social Insurance Law shall have the right to continue to work voluntarily under this insurance, provided that he applies to the Organization on the form prepared for this purpose within the next six months as he is not compulsorily covered by this insurance".
Article Two
The President of the Social Insurance Organization shall implement this Decision, and it shall come into force from the date of its publication in the Official Gazette.
Minister of Labour and Social Affairs
Abdulnabi Abdullah Al-Shoala
Issued on 15 Shaaban 1423 A.H.
Corresponding to: 21 October 2002
Minister of Labor and Social Affairs Resolution No. (1) of 2003, on Amending the Maximum Monthly Income Category for the Insurance Branch of Self-Employed Workers, Freelancers, and the Insurance Branch for Employers.
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Decision No. (1) of 2004/ Insurances regarding the Actual Implementation of the Social Insurance Law in its Fifth and Sixth (final) Phases
Minister of Labour and Social Affairs
Having reviewed Articles (2, 3, 6, and 97) of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976, as amended;
And the Ministerial Decisions promulgated in implementation of the aforementioned Social Insurance Law;
And the approval of the Council of Ministers in its session No. (1764) dated 11/16/2003 to extend the social insurance umbrella;
Hereby Decides
Article One
The actual implementation takes place in the fifth and sixth (final) phases of the Social Insurance Law in its two branches - the first branch of insurance concerning old age, disability, and death due to non-occupational reasons; and the second branch of insurance concerning work injuries - in accordance with the date, rules, and provisions contained in this Decision.
Article Two
The implementation of the provisions of the first subsection regarding insurance of old age, disability, and death due to non-occupational causes of the aforementioned insurance for non-Bahraini workers shall be temporarily suspended until a decision is issued by the Council of Ministers to apply.
Article Three
Without prejudice to the provision contained in the previous article regarding non-Bahraini workers and the provisions contained in Ministerial Decision No. 3/Insurances issued on 8/25/1976, Ministerial Decision No. 7/Insurances issued on 2/28/1978, and Ministerial Decision No. 3/Insurances issued on 1/22/1981. The fifth and sixth (final) phases begin for the actual application of the two branches of insurance referred to in Article 1 as of the first of June 2004 for the fifth phase, and the first of June 2005 for the sixth (final) phase throughout the Kingdom.
The law applies in relation to the fifth phase with regard to the two branches of insurance referred to, on establishments and employers in the private, cooperative, and joint sectors, whenever the number of workers for each establishment or employer reached, on the date of publication of this Decision in the Official Gazette or in the period between this date and the first of June 2004 or after that, is (5) five workers or more and less than (10) ten workers, regardless of the nationality of the worker, and whatever reduction occurs in the number of workers after the date of publication of this Decision.
The law applies with regard to the sixth (final) phase with regard to the two branches of insurance referred to, on establishments and employers in the private, cooperative, and joint sectors, when the number of workers for each establishment or employer reached on the first of June 2004 or in the period between this date and the first of June 2005 or after that, is one or more workers and less than (5) five workers, regardless of the nationality of the worker, and whatever reduction occurs in the number of workers after the date of publication of this Decision.
The number of workers in the manner stipulated in the second and third paragraphs of this Article means the total number of workers at the establishment or the employer and their branches, if any, even if their locations are far apart; they are all treated as one establishment or one employer.
However, if the activities of the establishment or employer are diversified and each of them has an independent legal entity, then, they are all subject to insurance when the total number of employees with any of them or all of them reaches the number required to abide by the law, in accordance with what was mentioned in the two paragraphs referred to in the previous paragraph. Each activity is assigned its own registration number.
The number of workers signifies the total number of workers employed by the establishment, the original employer alone, the total workers of the establishment, the employer with all the workers of the owner of another establishment or another employer with all the workers of a contractor or subcontractors to which the original establishment or the original employer has assigned all or some of their business or his business to them, whether the work is carried out in a single establishment or in another establishment or establishments, in a branch or in multiple branches, even if their locations are far apart, their activities diversified or each of them has an independent legal entity, and whether the aforementioned number is completed on or after the date specified in the second and third paragraphs of this Article. Then, the law shall apply to them and all their workers as of the date on which that number is completed.
Article Four
Without prejudice to the provision contained in Article Two herein regarding non-Bahraini workers, the Social Insurance Law in its two branches mentioned in Article One thereof shall be applied to every establishment or employer who requests the application of the law to his establishment, regardless how less the number of workers for each of them is than the quorum indicated in this Decision, as of the first month following the date of submitting an application to be subject to the provisions of the aforementioned law, having completed all the insurance forms attached to this Decision.
When applying the aforementioned law to the establishments and employers referred to in the previous paragraph, what is stipulated in the last paragraph of Article (6) of this Law shall be taken into account.
Article Five
The establishment or establishments of employers in whose regard the Social Insurance Law is applied for the first time in accordance with the provisions of this Decision shall continue to comply with the application of its provisions even if they subsequently lose any of the application conditions stipulated in this Decision.
Article Six
The Public Authority for Social Insurance begins to list the establishments and employers in the private sector and the cooperative and joint sectors who are subject to the law in the fifth and sixth (final) phases, as well as in listing the workers employed by them, as of the date of publication of this Decision in the Official Gazette for the fifth phase and from the first of June 2004 for the sixth (final) phase.
In listing the establishments and employers and in listing their workers and the termination of service of any of them, the forms accompanying this Decision are used, as shown here:
A - Form No. 1/Insurances - Employer Registration Form at the Social Insurance Organization.
B - Form No. 2/Insurances - Card of signature forms and names of those authorized to sign on behalf of the employer in dealing with the Social Insurance Organization.
C - The Worker Registration Form, which includes Form No. (3) regarding a worker who has not previously been registered with the Organization, Form No. (3A) regarding the registration of a worker who was previously registered with the Organization, and Form No. (4) regarding the end of service of an insured worker.
D - Form No. 5/Insurances - the detailed statement of workers' wages and contributions, to be submitted when the law begins to apply to the establishment or the employer on the first of January of each year thereafter; the Authority may complete the data referred to in the form with the method it deems appropriate for that.
The Social Insurance Organization shall be notified of the forms referred to in the previous paragraph in accordance with the instructions and data contained therein, provided that a recent copy of the Commercial Register and the names of the partners, if any, and a copy of the passport and identity card or Central Population Registry (CPR) of each of them, shall be attached to the Employer Registration Form. A copy of the Worker Registration Form shall also be attached to the birth certificate, if any, passport, ID, or CPR.
Article Seven
Without contradicting the provisions of this Decision, the provisions of Ministerial Decision No. 3/Insurances issued on 8/25/1976 regarding the application of the aforementioned law in the first phase apply to establishments and employers who are subject to the provisions of the Social Insurance Law in the fifth and sixth phases referred to herein. The provisions of Articles 6, 7, 8, 9, 10, and 11 of the aforementioned decision shall also apply to their workers.
Article Eight
This Decision shall be presented to the Board of Directors of the Social Insurance Organization at its first meeting.
Article Nine
This Decision shall come into force from the date of its publication in the Official Gazette.
Minister of Labour and Social Affairs
Dr. Majeed bin Mohsen Al-Alawi
Issued on: 8 Safar 1425 A.H.
Corresponding: 29 March 2004
Minister of Labor Resolution No. (1) of 2005, on Amending Resolution No. (1) of 2002, Regarding the Conditions, Terms, and Cases of Replacement and the Amounts to be Repaid for Suspending the Replacement.
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Minister of Labor and Social Affairs Resolution No. (17) of 1977, dated 26/4/1977, on the Rules and Procedures to be Taken to Preserve the Rights of the General Authority for Social Insurance by Employers and to Collect Them from Them.
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Minister of Health Resolution No. (17) of 1986, on the Formation of a Special Medical Appeal Committee to Reconsider the Decisions of the Treatment Authority Regarding Work Injury Cases.
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Decision No. 2/ Insurance regarding the implementation of Legislative Decree No. (20) of 1986 amending the Social Insurance Law
Minister of Labour and Social Affairs
Having reviewed Legislative Decree No (20) of 1986 regarding the Reduction of Social Insurance Contributions in the Old Age, Invalidity and Death Insurance Sector, and following the approval of the Board of Directors of the Public Authority for the Social Insurance at its fifty-ninth session held on 27 August 1986;
And upon the submission of the Director General of the Social Insurance Organization،
Hereby Decides:
Article One
The reduction applies to the employer's and the assured's share of the insurance contributions in the old age, disability and natural death branch in accordance with the provisions of the aforementioned Legislative Decree No (20) of 1986, as from the first of September 1986, and this reduction shall apply to the contributions payable to the Public Authority for the Social Insurance for the month of September referred to above and thereafter, in addition to the payment of the insurance subscription to the Occupational Injuries Branch of the said Public Authority.
The reduction referred to in the previous paragraph does not apply to cases which occurred in breach of the provisions of the aforementioned Social Insurance Law before the first of September 1986, as well as to cases discovered after that date, for the period from the date of the breach until the date on which the reduction comes into force.
Article Two
The rights of insured persons and their beneficiaries as stipulated in the aforementioned Social Insurance Law remain as stipulated in the aforementioned Law, and any increases thereto remain without prejudice to them, whether in respect of what is due to them or what will be due to them in the future.
Article Three
The Director General of the Public Authority for the Social Insurance shall implement this Decision and shall be published in the Official Gazette.
Minister of Labour and Social Affairs
Khalifa bin Salman bin Mohamed Al Khalifa
Done in 27 Dhu Al-Hijjah 1406 A.H.
Corresponding to: 1 September 1986
Minister of Labor and Social Affairs Resolution No. 7 / Social Insurance, dated 28/2/1978, on the Practical Implementation of the Social Insurance Law in the Second Phase.
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Minister of Labor Resolution No. (2) of 2006, on the Rules for Determining the Elements of the Wage Subject to Social Insurance Contributions, the Payment of These Contributions, and the Forms Used.
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Minister of Labor and Social Affairs Resolution No. 3 / Social Insurance, dated 22/1/1981, on the Practical Implementation of the Social Insurance Law in its Third and Fourth Phases.
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Minister of Labor and Social Affairs Resolution No. (4) of 1976, dated 25/8/1976, on the Rules for Determining the Elements of the Wage Subject to Social Insurance Contributions, the Payment of These Contributions, and the Forms Used.
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MINISTERIAL ORDER NO. 3/INSURANCE DATED 25.8.1976 WITH RESPECT TO THE EFFECTIVE APPLICATION OF THE LAW ON SOCIAL INSURANCE IN ITS FIRST STAGE
The Minister for Labour and Social Affairs
After referring to Articles 2, 3, 6 and 97 of the Social Insurance Law issued by the Amiri Decree Law No. 24/1976, ORDERS :
Article 1
The effective application of the first stage of the Social Insurance Law with its two branches (the branch of Insurance against old age, disability and death for an unoccupational cause and the branch of Insurance against employment accidents) shall be operative in accordance with the date and rules hereunder mentioned.
Article 2
The application of the two branches mentioned in the foregoing Article of this Order in its first stage shall commence as from the 1st of October 1976 throughout the State of Bahrain to all employees and workers who are not subject to the provisions of Law No. 13/1975 with respect to the organisation of pensions and retirement gratuities for all employees of government and semi-government departments and to employees and workers of public organisations and institutions whom no special provisions have been provided for in the afore-mentioned law, as well as to those employed by private establishments, cooperatives and joint venture establishments with the proviso that the number of those employed in each shall attain normally one thousand (1000) workers or more at the above-mentioned date or thereafter.
The establishment is deemed to have satisfied the prescribed number of workers in order to be subject to the Law mentioned in Article 1 whenever the number of its workers has reached a thousand workers or more at any time during the period from the date of the issue of this Order until the 1st of October 1976 regardless of whatever reduction occurs in their number after the date of the issue of this Order or after the 1st of October 1976.
The number of workers provided for in the foregoing two paragraphs shall mean the total number of workers employed solely by the main employer or by the employer and the contractor or contractors to whom he entrusts all his works or a part thereof, even if the work is completed in one establishment or in several branches however distant their sites may be or different their activities or each of them had an independent legal entity.
Each employer shall also be subject to the foregoing provisions when he satisfies, after the first of October 1976, the required prescribed number of workers, including those of his contractor or sub-contractors, if any, in this instance, the Law shall apply to the contractor or sub-contractors attached to him as from the date of the attainment of the said number.
Article 3
The establishment or establishments of the employers and contractor or sub-contractors, if there are any, which shall be subject to the Law for the first time, in accordance with this Order, shall always be obliged to continue implementing its provisions, whatever reduction in the number of its workers may occur later.
Article 4
The Law with its two branches mentioned in Article 1 of this Order shall apply as from the date mentioned in Article 2 of the said Order to government agencies, public institutions and organisations in the State irrespective of the number of workers in each of them or if it is less than the number provided for in the said Article.
Article 5
An enumeration of the government agencies, public institutions and organisations, private sector establishments, co-operative sector and joint ventures which are subject to the Law, in its first stage, and also an enumeration of their workers shall commence as from the date of the issue of this Order.
Form No. 1/Insurance, attached to this Order, shall be used for the said enumeration with respect to such agencies, institutions, organisations and establishments indicated in the foregoing paragraph and Form No. 3/Insurance, attached to this Order, shall be used with respect to each of the workers subject to the Law. The employer shall sent to the General Organisation for Social Insurance Form No. 4/Insurance with respect to the each worker whose services have been terminated after the enumeration or after his registration in the General Organisation for Social Insurance.
The employers shall furnish the General Organisation for Social Insurance along with Form No. 1/Insurance, Form No. 2/Insurance showing specimens thereon of the signatures of the employer or of the person or persons representing him.
In the event of a worker, who has been registered in accordance with Form No. 3/Insurance, joining the service of another employer subject to the Social Insurance Scheme, Form No. 3A/Insurance shall be forwarded to the Organisation by the new employer.
Each of the Forms, Nos. 1, 3, 3A and 4/Insurance shall be filled in one original and two copies but Form No. 2 shall be filled in two originals. All the said Forms shall be filled in clear writing and shall be despatched to the General Organisation for Social Insurance, P.O. Box No. 5319, Manama, or be delivered by hand against receipt to the headquarter Diplomatic area. But in the case of despatch by post, it must be by registered mail.
Article 6
There shall be assigned to each employer an independent Insurance Number whereby he shall be registered at the General Organisation for Social Insurance. The numbers given to the employers shall be preceded by a distinguishing letter and each worker shall have an independent fixed Insurance Number which is unalterable whatever may be the change in the place of his employment. The numbers allotted to the insured workers shall also be preceded by a distinguished letter.
The Insurance Number assigned to each worker shall not be transferred to any other worker in any case and under any condition; even if the said number has been annulled due to the death of the insured worker.
The Insurance Numbers shall be in consecutive order with respect to the employers and the insured worker.
Article 7
Each employer, who fulfils the conditions required for the application of the provisions of the Law in accordance with the Ministerial Orders, shall submit an application to the General Organisation for Social Insurance requesting his entry in the records of the employers at the said Organisation within two weeks from the date on which the Law shall be applicable to him.
With regard to the employers who commence their activities for the first time after the operation of the provisions of the Law or those employers who satisfy the condition regarding the prescribed number of workers for the enforcement of the provisions of the Law, they shall have to submit an application for their registration within two weeks of the date of the commencement of the activities or of the date of the satisfaction of the condition regarding the prescribed number, whichever the case may be.
The remaining forms pertaining to the employer and his workers shall also be filled within two weeks of the date of coverage by the provisions of the Law of the date of occurrence of the event which requires the filling of the form.
Article 8
If an employer's branches are numerous and are engaged in one type of activity, the said branches should be treated as one employer.
If the activities of the employer are qualitatively different and if each such activity has a separate and independent financial existence, each activity shall be deemed one independent employer.
Article 9
The General Organisation for Social Insurance shall be required to print the forms indicated in Article 5 of this Order and shall furnish the employers with copies thereof against the payment of fees in accordance with the rates stated for each set of forms.
However, with the prior approval of the Minister for Labour and social Affairs and in each separate case, licence may be granted to the employer to print all the said forms or contain thereof, at his own expense according to the requirement of his own use. The employers or any others may not in any case, print such forms for purposes of trading or selling them to others.
The forms printed by the employer shall contain the same particulars found in the forms attached to this Order and shall meet the specification and colours thereof.
Article 10
Employers subject to the provisions of the law shall notify the General Organisation for Social Insurance with any change that occurs in the type of activities undertaken by the employer or its legal entity or any change in the places of work. The notification shall be served by registered mail within two weeks of the occurrence of such change.
Employers shall also notify the Organisation immediately of any change in the signatures of their authorised representatives or that of themselves or the loss of seals or replacement thereof; otherwise they shall be held liable for the consequences resulting from the failure to serve the said notification or the delay thereof. The notification shall be served by registered letter accompanies with form No. 2/Insurance in two original containing the new particulars.
Article 11
The General Organisation for Social Insurance shall issue a card stating the permanent insurance number for each insured worker on his registration for the first time in the records of the said Organisation containing the following particulars :-
The worker's full name (four names and that of which he is known, if any)
The worker's permanent insurance number
The worker's date of birth and the documentary source thereof
In the event of the loss of the insurance card, the worker shall immediately notify the General Organisation for Social Insurance, and he may request a new card in place of the lost one against the payment of a fee of BD. 0.500.
The worker shall always keep with him in good condition the card containing his permanent insurance number. He shall also submit it to each employer who employs him and then retain it with himself.
The worker or his heirs in the event of his death shall state the aforementioned number in all correspondence pertaining to any aspect related to the application of the provisions of the Law.
Article 12
The following forms, specimens of which are attached, shall be used for the objects stated therein : -
Form No. 1/Insurance - Application for Registration of an employer in the records of the General Organisation for Social Insurance.
Form No. 2/Insurance - Signature Card for the employer or his representative in his dealings with the General Organisation for Social Insurance.
Form No. 3/Insurance - Notice regarding the enrolment of a worker who has not yet been registered in the records of the General Organisation for Social Insurance.
Form No. 3A/Insurance - Notice regarding enrolment of a worker who has been previously registered in the records of the General Organisation for Social Insurance.
Form No. 4/Insurance - Notice regarding the termination of service of an insured worker
Form No. 5/Insurance - A detailed statement of the workers wages and contributions for the month of .................19 , to be submitted upon the commencement of the operation of the law in the employer's establishment and then at the beginning of January of every Year.
Article 13
This Order shall be submitted to the Management Board of the General Organisation for Social Insurance at its first meeting.
Article 14
This Order shall come into force with effect from the date of its publication in the Official Gazette.
Essa bin Mohamed bin Abdulla Al Khalifa Minister for Labour and Social Affairs
29 Sha'aban 1396 25 August 1976
Minister of Labor and Social Affairs Resolution No. 6 / Social Insurance, dated 4/4/1981, on the Increase of Both the Funeral Expenses Grant for the Insured in the Event of Their Death and the Interest Due on the Lump-Sum Compensation.
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Minister of Labor and Social Affairs Resolution No. (9) of 1976, dated 23/9/1976, on the Records and Files to be Maintained by Employers Subject to the Social Insurance Law.
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Minister of Labor and Social Affairs Resolution No. 10 / Social Insurance, dated 6/5/1981, on Raising the Percentage of the Grant Given to Foreigners Upon Their Final Departure from the Country.
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MINISTERIAL ORDER NO. 4/1976 RESPECTING THE FORMATION OF MEDICAL COMMISSIONS AND THE FUNCTIONS THEREOF
The Minister for Health;
In pursuance of Law No. 13/1975 respecting the Regulation of Pensions and Retirement Indemnities for the Civil Service Employees and Workers; And of the Labour Law for the Private Sector No. 23/1976; And the Social Insurance Law promulgated by Decree Law No. 24/1976; ORDERS :
Article 1
A General Medical Commission shall be formed and shall comprise a chairman and three members from physicians of the Ministry of Health who shall be specialists in internal diseases, surgery and opthalmology. Decisions of the commission shall be valid only if adopted by at least three of its members among whom must be the Chairman and the opthalmologist.
In making its decisions, the commission may seek the advice of specialists other than its members if circumstances so require.
Article 2
The General Medical Commission shall be entrusted with the following functions:-
1-The General Medical Commission shall be entrusted with the following functions:-
-determining their physical fitness for appointment to their posts.
-determining their physical fitness for remaining in service.
-determining the nature of the disability and the degree thereof in the case where the termination of service is for physical unfitness
-ascertaining the medical reasons for the resignation of an employee or worker and establishing that such reasons would threaten his life if he remained in his post or occupation
-considering the determination of the extent of relation between an injury or disease and employment and establishing the disability and the degree thereof.
2-Medically examine such workers to grant them the sick leaves prescribed by laws and regulations in the manner specified by Orders and Regulations made by the Minister for Health in respect of granting sick leaves.
3-Assess ages in all cases where such assessment is required
4-Medically examine students on the occasion of joining schools and institutions or universities abroad.
5-Medically examine, at the request of the appropriate authority, members on educational leave or missions and personnel to be sent abroad
6-Approve and ratify medical reports and certificates brought by patients from abroad for use before official authorities
In general, the functions of the General Medical Commission shall include the consideration of any matter entrusted to it under any law, regulation or rule.
Article 3
Medical sub-commissions may be formed if necessary and shall be entrusted with functions to be specified in the Order for their formation.
Article 4
The Appellate Medical Commission provided for in paragraph 12 of Article 4 of the Social Insurance Law shall comprise a chairman and six members among whom shall be an opthalmologist, and its decisions shall be adopted by a majority vote of members.
The Appellate Medical Commission shall have exclusive authority to review any appeal from decisions of the General Medical Commissions or sub-commissions in the cases and in the manner prescribed by the Law and the regulations issued thereunder.
In making its decisions, the Appellate Medical commission may be guided by opinions of non-member specialists.
Article 5
The medical commissions provided for herein, may ask any physician in the Ministry of Health and hospitals, laboratories or institutions of the Ministry of Health, for technical report, x-rays, outcome of medical observations, or anything deemed by such commissions to be necessary for making their decisions. .
Article 6
The Minister for Health shall, by Order, appoint chairman and members of the commissions provided for herein and issue the internal rules concerning the regulation of the meetings and conduct of business of such commissions.
Article 7
This Order shall come into operation as from the date of its issue and shall be published in the Official Gazette.
Minister for Health Ali Muhammad Fakhro
Issued on 19th Sha'aban, 1396 15th August 1976
Minister of Labor and Social Affairs Resolution No. (6) of 1976, dated 4/9/1976, on the Executive Procedures for the Work Injury Insurance Branch.
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Minister of Labor and Social Affairs Resolution No. (5) of 1982, on the Increase of the Funeral Expenses Grant.
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Minister of Labor and Social Affairs Resolution No. (10) of 1976, dated 23/9/1976, on the Funeral Expenses Grant.
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