CHAPTER
I
THE REGULATION OF SOCIAL INSURANCE, SCOPE OF
APPLICATION AND DEFINITIONSArticle
1 This
Law shall be cited as "The Social Insurance Law" and shall
include the following branches of Insurance :- - Insurance against old age, disability and death;
- Insurance against employment injuries;
- Insurance against temporary disability by reason of sickness
or maternity;
- Insurance against unemployment;
- Insurance for the self-employed and those engaged in liberal
professions;
- Insurance for employers;
- Family Allowances;
- Other branches of insurance which fall within the scope of social
security.
Each
of the first two branches shall be introduced in accordance with
the following provisions and the protection guaranteed by this Law
shall be extended in future stages by introducing the other branches
of social insurance by Order of the Council of Ministers. Article
2 The
provisions of this Law shall be applied compulsorily to all workers
without discrimination as to sex, nationality, or age, who work
by virtue of an employment contract for the benefit of one or more
employers, or for the benefit of an enterprise in the private, co-operative,
or para-statal sectors and, unless otherwise provided for, those
engaged in public organisations or bodies, and also those employees
and workers in respect of whom Law No. 13 of 1975 does not apply,
and irrespective of the duration, nature or form of the contract,
or the amount or kind of wages paid or whether the service is performed
in accordance with the contract within the country or for the benefit
of the employer outside the country or whether the assignment to
work abroad is for a limited or an unlimited period.
Article
3 The
following categories shall be excluded from the application of the
provisions of this Law: - Bahraini employees and workers of the Government, appointed
to established posts in the general budget of the State or the
budget of the Municipalities and all other local authorities,
which are subject to the Law of Pensions and Retirements Benefits;
- Members and officers of the Defence Force and Public Security;
- Those engaged in public institutions and other bodies excluded
by legal provisions;
- Employees working in diplomatic missions of the same nationality;
- Employees working in international missions;
- Officers, engineers and crews of sea-going vessels ad others
engaged therein;
- Domestic servants; but excluding chauffeurs, guards, liftmen,
gardeners, and similar occupations;
- Workers employed in agriculture other than workers employed
in agricultural establishments which process or market their products;
workers permanently employed in operating or repairing mechanical
equipment used in agriculture; and workers in agricultural enterprises
performing managerial or guard duties;
- Members of the employer's family who work with him and whom
he supports in fact. Family members shall mean wife or wives,
sons and brothers whose ages are less than 18 years, unmarried
daughters and sisters, and parents;
- Workers engaged in casual temporary work which by its nature
does not exceed three months duration and normally does not fall
within the business of the employer;
- Non-citizen worker delegated for training purposes for a period
not exceeding 12 months by parent companies working abroad or
by any foreign branch thereof operating in Bahrain.
By
Order of the Minister of Labour and Social Affairs, after agreement
by the Board of Directors, any or all of the aforementioned categories
may be subjected to the Law, and such Order shall specify the conditions
and procedures for obtaining benefits from social insurance and
method of computation of wages, privileges, benefits, pensions and
compensation which they may enjoy. Article
4 In
the application of the provisions of this Law, it shall be meant
:- - By the General Organisation :- The General Organisation for
Social Insurance;
- By the Board of Directors :- The Board of Directors of the General
Organisation for Social Insurance;
- By the Director General :- Director of the General Organisation;
- By Employer :- anyone who employs one or more workers subject
to the provisions of this Law, whether he be a natural person
or a legal entity or an enterprise in the private sector, or the
co-operative sector, or the para-statal sector;
- By the Insured :- the worker to whom the provisions of this
Law shall be applied even if on probation, or an apprentice, or
under training; students who join the service of an employer for
the purpose of training, other than as apprentices, shall not
be considered as the insured;
- By Wage :- is all that is given in cash regularly or periodically
to the worker in consideration of his work whether payable monthly,
or weekly, or daily, or hourly, or by piecework, or by the amount
of production;
- By Employment Injury :- any occupational disease contracted
from amongst those prescribed in Schedule 3 hereto annexed or
any injury to the workers as a result of an accident arising out
during the course of the performance of his work or because thereof;
All accidents
sustained by the insured on his way to work and return therefrom
or on his way from his place of work to the place where he customarily
has his meals within his workplace, provided always that he shall
not have stopped or deviated from the customary route; and any
movements he makes on the instructions of the employer or during
travel so authorised by him or his representative, shall be considered
within this provision; - By Non-Occupational Disability :- any disability which may occur
to the insured (male) before attaining the age of 60 years or
the age of 55 years in the case of women, and who is unable by
reason of the amputation of one of his organs or by reason of
his affliction by an infirmity, or by reason of his deteriorated
physical or psychological state of health to earn a wage equal
to at least one third of his previous wage in his usual occupation
or in a similar occupation and which incapacity is expected to
last for a period of six months or more due account being taken
of the insured's capabilities, physical and mental aptitudes,
vocational acquisition and age and this shall be determined in
accordance with the assessment of the Designated Medical Board
specified in this Law;
- By Heirs :- the rightful claimants of benefits under the provisions
of this Law in accordance with the conditions laid down hereunder
:
Widow or widows
of the deceased insured or the pensioner, and his male and female
orphans, his brothers and sisters, the mother and father of the
deceased and the sons and daughters of his deceased son;
- By Beneficiary
:- the insured who is entitled, in accordance with the provisions
of this Law, to any of its privileges and benefits or pension
or compensation;
- By Designated
Medical Board :- the Medical Board established by the Order of
the Minister for Health to determine the type and the degree of
the disability;
- By the Appellate
Medical Board :- the Medical Board established by Order of the
Minister for Health to hear appeals from decisions of the Designated
Medical Board;
- By Labour
Law :- the Labour law in effect at the time of operation of this
Law.
Article
5 The
application of this Law to employers and workers shall be compulsory. Article
6 The
actual establishment of the two branches of social insurance against
old age, disability and death and social insurance against employment
injuries shall be introduced in stages in accordance with the conditions
and circumstances to be determined by Orders of the Minister for
Labour and Social Affairs upon the recommendations of the Board
of Directors, and such Orders shall specify :- a. the
date of implementation of the first stage of social insurance
and the date of any subsequent stage;
b. the categories of employers and workers subject to social
insurance at the time of the implementation
of the first stage and in each subsequent stage.
Every
establishment or employer affected for the first time by the implementation
of this Law in accordance with the provisions of the Ministerial
Order herein mentioned shall continue to discharge such obligation
for implementation even if subsequently any of the conditions of
application lapse. Where
an employer assigns all or part of his work to a contractor or sub-contractors
and jointly they meet the conditions of application, the Law shall
apply to them even though the original employer or the sub-contractors
individually do not meet the conditions, and the employer and the
contractor or sub-contractors shall be jointly responsible for the
implementation of the provisions of this Law whether or not the
workers of the sub-contractors carry out the work for the original
employer under his supervision or away from him and whether or not
the workers use machines, equipment or raw materials belonging to
him.
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