THE GENERAL ORGANISATION FOR THE SOCIAL INSURANCE - PDF document

1 THE GENERAL ORGANISATION FOR THE SOCIAL
THE GENERAL ORGANISATION FOR THE SOCIAL INSURANCE PART 1: THE CONSOLIDATED ACT ON SOCIAL INSURANCE The Decree-Law promulgating the Law on Social Insurance Having viewed Law No. 1/1975 on Limitation of the Financia

2 l Year and Regulations governing the pre
l Year and Regulations governing the preparation of the General Budget, Control of its Ex Minister for Labour and Social Affairs; Every provision which is not consistent with the provisions prescribed by this Law shall b

3 e repealed in so far as those subject to
e repealed in so far as those subject to such provisions are concerned. Article 3 The Minister of Labour and Social Affairs shall issue the nece AMIR OF THE STATE OF BAHRAIN ISA BIN SALMAN AL KHALIFA CH

4 APTER ONE: THE REGULATION OF SOCIAL INSU
APTER ONE: THE REGULATION OF SOCIAL INSURANCE, SCOPE OF APPLICATION AND DEFINITIONS Article 1 and shall include the following branches of Insurance :- Insurance against old age, disability and death; 2. Insurance ag

5 ainst employment injuries; Insurance a
ainst employment injuries; Insurance against temporary disability by reason of sickness or maternity; 4. Insurance against unemployment; Insurance for the self-employed and thos Insurance for employers; Family Al

6 lowances; Other branches of insurance
lowances; Other branches of insurance which fall Each of the first two branches shall be introduced in accordance with the following provisions and the protection introducing the other branches Article 2 The provi

7 sions of this Law shall be applied compu
sions 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 moreenterprise in the private,

8 co-operative, or para-statal sectororgan
co-operative, or para-statal sectororganizations 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

9 the amount or kind of wages paid or whet
the amount or kind of wages paid or whether the service is performed in accordance with the contract withincountry or whether the assignment to work abroad is for a limited or an unlimited period. Article 3 The follow

10 ing categories shall be excluded from th
ing categories shall be excluded from the application of the provisions of this Law: e Government, appointed to established posts in the general budget of the State or the budget of the Municipalities and all other loca

11 l authorities, which are subject to the
l authorities, which are subject to the Law of Pensions Members and officers of the Defense Force and Public Security; Those engaged in public institutions and ot Employees working in diplomatic missions of the same n

12 ationality; Employees working in inter
ationality; Employees working in international missions; 6. Officers, engineers and crews of sea-going vessels ad others engaged therein; 7. Domestic servants; but excluding chauffeurs, guards, liftmen, gardeners,

13 and similar occupations; Workers emplo
and similar occupations; Workers employed in agriculture other al establishments which process or market their products; workers permanently employed in operating or repairing mechanical equipment used in agriculture;

14 and workers in agricultural enterprises
and workers in agricultural enterprises performing manageri 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

15 than 18 years, unm work which by its nat
than 18 years, unm work which by its nature does not exceed three months duration and normally does not fall within Non-citizen worker delegated for training purposes for a period not exceeding 12 months by parent compa

16 nies working abroad or by any foreign br
nies working abroad or by any foreign branch thereof operating in Bahrain. By Order of the Minister of Labour and Board of Directors, any or all of the aforementioned categories may be subjecobtaining benefits from so

17 cial insurance and method of co Articl
cial insurance and method of co Article 4 In the application of the provisions of this Law, it shall be meant:- l Organization for Social Insurance; By the Board of Directors :- The Board of Directors of the General

18 Organization for Social Insurance; By
Organization for Social Insurance; By the Director General :- Director 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 a

19 n enterprise in th By the Insured :- the
n enterprise in th By the Insured :- the worker to whom the provisions of this Law shall be applied even if on probation, or an who join the service of an employer for the purpose of training, other By Wage :- is all t

20 hat is given in cash regularly or period
hat is given in cash regularly or periodically to the worker in consideration of his work whether , or hourly, or by piecework, or by the amount of production; By Employment Injury:- any occupatit those prescribed in S

21 chedule 3 hereto annexed or any injury t
chedule 3 hereto annexed or any injury to the workers as a resultperformance of his work or because thereof; and return therefrom or on his way from his place of have stopped or deviated from the customary route; and

22 any movements he employer or during trav
any movements he employer or during travel so authorized by him or his representative, shall be considered within this provision; By Non-Occupational Disability:- any disability which may occur to the insured (male) bef

23 ore attaining the age of 60 years or the
ore 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 deteri

24 orated physical or psychological is exp
orated physical or psychological is expected to last for a period of taken of the insured's capabilities, physical and mental aptitudes, vocational acquisition and age and this shall be Designated Medical Board specifie

25 d in this Law; ovisions of this Law in
d in this Law; ovisions of this Law in accordance with the conditions insured or the pensioner, and his male and female er of the deceased and the sons and daughters of his By Beneficiary :- the insured who is entitl

26 ed, in accordance with the provisions of
ed, in accordance with the provisions of this Law, to any of its r of the Minister for Health to determine the type and the degree of the disability; By the Appellate Medical Board :- the the Minister for Health to h

27 ear By Labour Law :- the Labour law in
ear 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

28 branches of social insurance against ol
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 r Labour and So

29 cial Affairs upon the recommendations of
cial Affairs upon the recommendations of the Board of Directors, the date of implementation of the first stage of soci subject to social insurance at the time of the implementation of the first Every establishment or

30 employer affected for the first time by
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 s

31 ubsequently any of the conditions of app
ubsequently any of the conditions of application lapse. Where an employer assigns all or part of of application, the Law shall apply to them even though the original employer or the sub-coimplementation of the provisi

32 ons of this Law whether or not ors carry
ons of this Law whether or not ors carry out the work for the original employer under his supervisiothe workers use machines, equipment or raw materials belonging to him. CHAPTER TWO: ESTABLISHMENT OF THE GENERAL OR

33 GANISATION FOR SOCIAL INSURANCE AND ITS
GANISATION FOR SOCIAL INSURANCE AND ITS ADMINISTRATION PART I: Establishment of the General Organization Article 7 The General Organization shall be established, which shall haOrganization for Social Insurance a

34 nd it shall possess an independent legal
nd it shall possess an independent legal entity anMinister for Labour and Social Affairs and its head offices shall be in the City of Manama. The organization shall have field offices in localities and areas to be deter

35 mined by Order ofSocial Affairs upon the
mined by Order ofSocial Affairs upon the recommendation of the Board of Directors. PART 2: Board of Directors Article 8 chaired by the Minister of Labour formed by an order of the Prime Mi a. Eight members rep

36 resenting the Government as follows:- T
resenting the Government as follows:- The Undersecretary of Ministry of Labour and Social Affairs. The Director General of Directorate of Legal Affairs. The Director General of the Genera o A representative from the

37 Prime Minister Court. A representativ
Prime Minister Court. A representative from the Bahrain Monetary Agency. A representative from the Ministry of Finance and National Economy. A representative from the Ministry of Oil and Industry. A representati

38 ve from the Ministry of Health. s who
ve from the Ministry of Health. s who are subject to this Law; c. three members from the insured workers who possess higher capabilities in their work; d. the Director General of the General Organization for Social I

39 nsurance. The nomination and removal of
nsurance. The nomination and removal of the representatives of th The term of Board membership shall be The Board shall hold at least one ordinary meeting each extra-ordinary meetings as deemed necessary by the Chairma

40 n or upon a request made by at least sev
n or upon a request made by at least seven majority vote in the presence of at least eight members of whom there The Board may, when required, call specialist experts to participate in its meetings who shall have no rig

41 ht to vote. The Board may form; from a
ht to vote. The Board may form; from amongst its members a committee or committees, for a special purpose or purposes determined by the decision for its formation and it may invite participation by specialist experts.

42 Remuneration of the Chairman of the Boa
Remuneration of the Chairman of the Board and its Order of the Council of Ministers on the recommendation of the Minister for Labour and Social Affairs. 7. The Director General shall nominate the Secretary of the Board

43 . Article 9 The Board of Directors s
. Article 9 The Board of Directors shall have the following duties:- supervising the implementation of the Law, regulations and Orders in force and taking all measures which it approving the administrative rules t

44 o be presented to the Minister for Labou
o be presented to the Minister for Labour and Social Affairs for ratification by determining the scope of the initial implementation of the Law and determining the implementation of ce with Article 6 thereof; ial, adm

45 inistrative and technical matters withou
inistrative and technical matters without being bound by government principles, regulations, and rules and without recourse to the Ministry of Finance and National Economy. 5. approving the accounting plan, the budget e

46 stimates, financial reports and the fina
stimates, financial reports and the final annual balance sheet of the General Organization; d approving the fields of investment; 7. studying legislation concerning Social Security; performing other functions entrust

47 ed to it by this Law, provisions thereof
ed to it by this Law, provisions thereof or with any other legislative text; perts to investigate and to prepare the financial situation of the General any other matters which may be referred to it by the Minister for