Social Insurance Law
PART 4: MINISTERIAL ORDERS
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 :
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This Order shall be submitted to the Management Board of the General Organisation for Social Insurance at its first meeting.
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