MLSD Minister: The flexible work permit does not entitle its holder to open a commercial registry or employ others

01-05-2020

Minister of Labour and Social Development and Chairman of the Board of Directors of the Labour Market Regulatory Authority, Mr. Jameel bin Mohammed Ali Humaidan, affirmed that the flexible work permit does not entitle its holder to issue a commercial registration, employ others, sponsor workers, or engage in any other practices that require a commercial registration. He emphasised that the flexible permit does not constitute actual competition for citizens' commercial or professional activities. Humaidan said there is renewed misunderstanding regarding flexible work permits (Flexi Permit) and whether they are regular employers operating their business normally, noting the importance of relying on correct understanding and legal text rather than relying on the apparent meaning of the term. He explained that Labour Market Regulatory Authority Law No. 19 of 2006 includes definitions for three categories, namely: Employer: Any natural or juristic person who employs one worker or more to perform a certain job in return of a wage of any kind, fixed or variable, in cash or in kind, which includes any government entity; establishment, public authority, corporation, office, institution or any other private business entities. Worker: Any natural person who works in return of a wage of any kind, fixed or variable, in cash or in kind who works for an employer and under his management or supervision. Foreign Employer: Any natural foreign person who does not fall within the definition of worker according to the provisions of this law and who carries out work in the Kingdom, whether in his own name and on his own account or in the name or on behalf of another. Humaidan said: The legal name for a flexible work permit is a foreign employer who owns a trade or profession and works for himself. It has been given the media name “flexible” to distinguish between the employer and the worker, due to the similarity that may arise between the two terms, and to facilitate its definition to foreigners and the general public. Humaidan emphasised that in official correspondence and communications with the legislative authority, we are obligated to use legal terminology because it is the basis. Experts and interested parties should base their opinions, positions, and visions on a correct understanding and avoid basing their views on superficial understandings. Humaidan reiterated that talk of flexible workers competing with Bahraini traders is unrealistic and has no real basis, and is legally invalid due to the inability of the worker to obtain a commercial registration or to recruit and sponsor workers. He continued: The Flexi Permit is also issued to those who practise non‑specialised professional activities that Bahrainis do not usually seek. Humaidan explained that there is an important point worth noting regarding the benefits of launching the flexible permit, as we can address a number of important points. He pointed out that from an economic perspective, this permit contributes to creating sufficient flexibility for the private sector to use temporary workers to perform some emergency work, which contributes to reducing the need to attract additional workers from abroad to perform exceptional work. There are also other important advantages, some of which can be addressed, including the state's enforcement of the law, the creation of a database, and communication with all workers in the Kingdom by collecting data on flexible and regular workers. Furthermore, it brings illegal workers, who meet the conditions for granting flexible work permits, out of the shadows and into the light. He stressed that issuing the Flexi Permit includes obligating the flexible worker to pay healthcare fees (health insurance), thus sparing society from any diseases that could result from irregular workers not receiving appropriate treatment.