Social Insurance Law
PART 4: MINISTERIAL ORDERS
ORDER NO. 7/insurance dated 28.2.1978
The Minister for Labour and Social Affairs,
After referring to Articles 2, 3, 6 and 97 of the Law on Social Insurance issued by Decree Law No. 24/1976 and amended by the two Decree Laws 27/1976 and 12/1977;
And after referring to Ministerial Orders issued with respect to implementation of the aforementioned Social Insurance Law;
And in accordance with the recommendation of the Board of Directors of the General Organisation for Social Insurance at its meeting No. 13 held on 28.12.1987;
Hereby orders :
The application of the second phase of the Law on Social Insurance with respect to its two branches viz. against old age, disability and death caused by non-occupational cause and against employment accidents shall start at the date and under the rules and regulations mentioned in this Order, with due regard to the provisional suspension of the implementation of the aforementioned first branch with respect to non-Bahraini workers until the issue of a cabinet directive for the purpose of making them amendable to it.
Notwithstanding the provisions in the foregoing Article with respect to non-Bahraini workers and the provisions of the Ministerial Order No. 3/Insurance issued on 25.8.1976, the second phase of the enforcement of the two branches of the aforementioned Insurance Law mentioned in the said Article, commences as from the 1st of July 1978 in the entire State with respect to establishments of the private sector and the co-operatives and joint sectors provided that the number of workers at each establishment or with one employer at the date of issue of such Order in the Official Gazette or at the period from that date to 1st July 1978 or thereafter, should be between one hundred workers and nine hundred and ninety nine workers, irrespective of the nationality of the worker or whatever changes may occur in the number of workers after the publication of this Order.
The number of workers referred to in the foregoing paragraph means the total number of workers employed by the establishment or by the original employer alone or the total number of workers at the establishment or with the employer together with the total number of workers employed by another establishment or employer or together with the total number of workers employed by a contractor or sub-contractors when the original establishment or employer has entrusted all or some of its or his work to them, whether the work is done in one establishment or in other establishments or in one branch or several branches regardless of other establishment(s) or in one branch or several branches regardless of their proximity or otherwise or the diversification of their activities or whether each has his own independent legal entity or whether the aforementioned number has been completed at the date of the issue of this Order or thereafter. Hence the Law shall be enforced with respect to them and with respect to all their workers from the date of the completion of this number.
Notwithstanding the aforementioned provisions in Article one of this Order with respect to non-Bahraini workers, the Social Insurance Law with its aforementioned two branches in Article one, shall be applied to each establishment or employer who is subject to this Law whether the number of workers in the establishment or in the service of the employer is less than the number mentioned in this Order as from the beginning of the following month of the submission of the application in confirmity with the provisions of the aforementioned Order. A Ministerial Order shall be issued with respect to each case or a group of similar cases in that connection.
The application of the aforementioned Order with respect to establishments or employers referred to in the foregoing paragraph shall be in accordance with the last paragraph of Article 6 of this Law.
Establishment or establishments of employers or contractors or sub-contractors if any, subject to Social Insurance Law for the first time under the provisions of this Order, should comply with its provisions even if they did not fulfil in the future any of the conditions of application.
There should, at the outset, be an enumeration of the establishments, employers, contractors and sub-contractors in the private sector and co-operatives and joint sectors in conformity with the Law in the second phase and also an enumeration of workers employed by them, commencing with the date of the publication of this Order in the Official Gazette.
Forms 1, 2, 3, 3A and 5 (Insurance) mentioned in Articles 5 and 12 of Ministerial Order No. 3/Insurance issued on 25.8.1976 with respect to application of the Social Insurance Law in its first phase should be used with regard to enumeration of establishments, employers, contractors and sub-contractors.
Form No. 4/Insurance mentioned in Articles 5 and 12 of the afore-mentioned Ministerial Order No. 3 should be used for any worker whose service is terminated after the completion of the enumeration process.
The aforementioned forms, referred to in the previous two paragraphs should in accordance with the instructions mentioned therein, be submitted together with a copy of birth certificate or passport or identity card enclosed to form No. 3/Insurance regarding the registration of the worker at the General Organisation for Social Insurance.
Establishments, employers, contractors and sub-contractors who are governed by the provisions of the aforementioned second phase of social Insurance Law should comply with it and their workers should be governed by the provisions of Articles 6, 7, 8, 9, 10 and 12 of Ministerial Order No. 3/Insurance issued on 25.8.1976.
Those establishments, employers, contractors and sub-contractors who are subject to the aforementioned Social Insurance Law should comply with the provisions of Ministerial Orders with respect to the application of the aforementioned Law in its first phase.
This Order shall come into effect from the date of its publication in the Official Gazette.
bin Mohamed bin Abdulla Al Khalifa
Dated : 28 February 1978