CHAPTER XIII PENALTIES

Article 148

An employer or his accredited representative who fails to comply with any of the provisions of this Law, or of any executive measures in force for its implementation or of Ministerial Orders issued in pursuance thereof shall be guilty of an offence punishable by a fine of BD. 100 to BD. 500; and if he has been convicted previously for a violation of this Law such fine shall be increased by up to a double such limits for a subsequent offence.

The fine shall be multiplied by the number of workers in respect of whom the employer commits one or more offences provided that the aggregate amount of the fines imposed shall not exceed two thousand dinars.

Where the offence continues to exist for a period exceeding thirty days with effect from the date of drawing up an official report of such offence, such fine may be increased provided that it shall not exceed an amount of five times thereof and the Court shall, in all cases, rule of its own that the offender shall pay to the General Organisation all amounts due to it.

Article 149

Without prejudice to a more severe penalty imposed by any other law, any person who by deliberate act furnishes incorrect particulars for the purpose of obtaining for himself or for another any compensation, pension or other benefits to which he is not entitled under the provisions of this Law shall, upon conviction, be liable to be sentenced to a period of imprisonment not exceeding one month and to be a fine not exceeding BD. 100 or to any one of these two penalties. Where the offender has been convicted previously for furnishing incorrect information for a similar purpose, the said penalties shall be doubled.

In addition to the fine referred to in the two preceding paragraphs, the offender shall be ordered to pay to the General Organisation as civil damages twice the amounts so paid to him and which are not due to him legally by the said Organisation on the basis of the relevant incorrect particulars.

Article 150

No stay of execution shall be granted in respect of the financial penalties. The minimum penalty prescribed by law shall not be diminished by reason of extenuating or discretional circumstances.

Article 151

All fines imposed by judicial process in compliance with the provisions of this Law shall accrue to the General Organisation which shall use the monies so received in the manner to be prescribed by an Order made by the Minister for Labour and Social Affairs, with the approval of the Board of Directors.