Social Insurance Law
PART 4: MINISTERIAL ORDERS
|PART 4: MINISTERIAL ORDERS|
ORDER NO.3/INSURANCE DATED 22.1.1981
The Minister for Labour and Social Affairs,
Having referred to Articles 2, 3, 6 and 97 of the Social Insurance Law promulgated as per Amiri Decree No. 24/1976 and amended as per Amiri Decree No. 27/1976 and Amiri Decree No. 12/1977;
And the Ministerial Orders issued for implementing the aforesaid Social Insurance Law;
And upon the recommendation of the Board of Directors of the General Organisation for Social Insurance at its sitting held on 12.11.1980;
Hereby orders :
The effective application of the Social Insurance Law with its two branches - the First being insurance against old age, disability and death for non-occupational causes and the Second being insurance against employment injuries - shall be according to the date, the terms and conditions herein mentioned, subject to the temporary suspension of the provisions of the First branch of the aforesaid insurance in respect of non-Bahraini workers until such time when an order is issued by the Council of Ministers for the application thereof to the said workers.
Without prejudice to the provisions of the foregoing Article with the respect to non-Bahraini workers and the provisions of the Ministerial Order No. 3/Insurance dated 25.8.1976 and the Ministerial Order No. 7/Insurance dated 28.2.1978, the effective application of the Third and Fourth stages of the two insurance branches mentioned in the said Article shall commence as from 1st July 1981 in respect of the Third stage and as from 1st January 1982 in respect of the Fourth stage throughout the State of Bahrain.
As regards the Third stage relating to the aforesaid insurance branches, the Law shall be applied to the establishments and employers in the private and co-operative sectors and in joint ventures where the number of each establishment or employer's workers on the date of publishing this Order in the Official Gazette, or during the period between this date and 1st July 1981 or thereafter falls between 50 (fifty) and 99 (ninety nine) workers regardless of the workers' nationality and no matter what reduction may occur in the number of workers thereafter.
As for the Fourth stage relating to the aforesaid insurance branches, the Law shall be applied to every establishment or employer having a number of workers on 1st July 1981 or during the period between this date and 1st January 1982 or thereafter falling between 10 (ten) and 49 (forty nine) workers regardless of the workers' nationality and no matter what reduction may occur in the number of workers after 1st July 1981.
The number of workers in the context of the preceding paragraph means the total number of workers employed solely by the establishment or the original employer or the total number of establishment's or employer's workers in addition to all the workers employed by another establishment or by another employer together with all the workers employed by any sub-contractor(s) to whom the original establishment or original employer may have assigned all or some of its/his activities, whether performed in one establishment or in other establishments, or in another branch or several branches even if they are separately located and their activities vary and each of them is an independent legal entity. In his event, the Law shall be applicable to them and to all their workers as from the date of reaching the aforesaid number.
Without prejudice to the provisions of Article 1 of this Order in respect of non-Bahraini workers, the Social Insurance Law with its two branches mentioned in Article 1 shall be applicable to every establishment or employer who asks for the application of the Law to his establishment where the number of workers is less than the minimum prescribed in this Order with effect from the beginning of the month following the date of applying for becoming subject to the provisions of the aforesaid Law. In this context, an order shall be issued by the Minister for Labour and Social Affairs concerning each individual case or in respect of a number of similar cases.
The application of the aforementioned Law to the establishments and employers mentioned in the foregoing paragraph shall be subject to the provisions of the last paragraph of Article 6 of the said Law.
The establishment(s) or employer(s), contractor(s) or sub-contractor(s) to whom the Social Insurance Law is applied for the first time in accordance with the provisions of this Order shall continue to be bound by the application of its provisions even though they may forfeit any of the terms and conditions of the application as contained in this Order.
The establishments, employers, contractors in the private co-operative sectors and joint ventures becoming subject to the Law in its Third and Fourth stages shall be determined; likewise, there shall be determined the number of workers they employ on the date of publishing this Order in the Official Gazette in respect of the Third stage and on 1st July 1981 in respect of the Fourth stage.
In determining the establishments, employers, contractors and sub-contractors and in determining the workers they employ there shall be used the Forms Nos. 1, 2, 3, 3A and 5/Insurance provided for in Article 5 and 12 of Ministerial Order No. 3/Insurance dated 25.8.1976 with respect to the effective application of the Social Insurance Law in its First stage.
There shall be used for each worker whose service is terminated upon final determination of the workers, who are subject to the Law, Form No. 4/Insurance indicated in Articles 5 and 12 of the aforesaid Ministerial Order No. 3/1976.
The General Organisation for Social Insurance shall be furnished with the forms indicated in the preceding two paragraphs in conformity with the directions and details laid down therein. It is also stipulated that a copy of the birth certificate, passport or identity card shall be attached to Form No. 3/Insurance with respect to registering the worker with the General Organisation for Social Insurance.
The provisions of Articles 6, 7, 8, 9, 10, 11 and 12 of Ministerial Order No. 3/Insurance dated 25.8.1976 shall be applicable to establishments, employers, contractors and sub-contractors who are subject to the provisions of the above-mentioned Social Insurance Law in its Third and Fourth stages and the said provisions shall be enforced in respect of their workers.
The provisions of the Ministerial Orders pertaining to the application of the aforesaid Law in the First stage shall be applicable to the establishments, employers, contractors and sub-contractors satisfying the conditions of becoming subject to the said Social Insurance Law.
This Order shall come into force with effect from the date of its publication in the Official Gazette.
: Khalifa bin Salman bin Mohamed Al Khalifa