SOCIAL SECURITY (GENERAL STANDARDS)

Transcription

1 BAHRAIN Please find below the list of the social security legislation of your country available in NATLEX, the ILO database of national labour, social security and related human rights legislation maintained by the International Labour Standards Department. This legislation will be referred to by the Committee of Experts on the Application of Conventions and Recommendations (CEACR) for the purpose of preparing the General Survey on social security instruments. In order to provide the CEACR with the most up-to-date legislation, please complete this list with new or amended legislation and signal any other corrections to be made.

2 SOCIAL SECURITY (GENERAL STANDARDS) B H R L Decree law No. 1 of 1985 amending the law on social insurance promulgated by decree law No. 24 of Bahrain: Offial Gazette, , No (DOC.NORMES ; SECSOC ; INFORM) Consolidated Act on Social Insurance, 1995, General Organization for Social Insurance, Manama, Bahrain, p. 8-9 (DOC.NORMES ; SECSOC ; INFORM) Replaces the provisions of paragraph 2, article 16, article 53 and paragraph 3 of article 135 of the Law on social insurance. Date of entry into force: Amending text(s): (BHR-1985-L-46743) Decree-law No. 12/ 1985 amending Article 2 of Decree-law No. 1/1985 amending the Law on social insurance promulgated by decree-law No. 24 of Amending text(s): (BHR-2000-L-67074) Decree-Law No. 14/ 2000 with respect to amending some of the social insurance law provisions enacted by Decree-Law No. 24 of Amending text(s): (BHR-1987-L-7236) Legislative Decree No. 15 of 1987 to amend certain provisions of the Social Insurance Law enacted by Legislative Decree No. 24 of Amending text(s): (BHR-1986-L-46744) Decree-law No. 20 of 1986 with respect to amending the Law on Social Insurance promulgated by decree-law No. 24 of Amending text(s): (BHR-1985-L-46742) Decree law No. 1 of 1985 amending the law on social insurance promulgated by decree law No. 24 of Amending text(s): (BHR-1976-L-7192). Amiri Decree-Law No. 27 of 1976 to amend sections 38 and 139 of the Social Insurance Law. Related text(s): (BHR-2006-R-77980) Legislative Decree No. 78 of 2006 with respect to Insurance Against Unemployment. Related text(s): (BHR-1977-L-7193) Amiri Decree-Law No. 12 of 1977 respecting the suspension of the application of certain provisions of the Law on Social Insurance to non-bahrainis BHR-1977-R Ministerial Order No. 1 of 1977 (Insurance) permitting Aluminium Bahrain Company a reduction to 1:3 being the rate of contribution to insurance branch against employment accidents. 1989, pp ( BHR-1981-R Ministerial Order No. 6 of 1981 (Insurance), respecting the increase of funeral expenses grant to the insured in the event of his death and the interest accruing on the lump sum compensation. Al-Jarida Al-Rasmiya, 1 p. ( BHR-1976-R Ministerial Order No. 19 of 1976 (Insurance) with respect to permitting a reduction in the rate of contribution to insurance branch against employment accidents for Bahrain Petroleum Company Limited. 1989, pp ( BHR-1986-R Order No. 17 of 1986 respecting the formation of an appelate medical commission for employment injuries. 1989, pp (DOC.NORMES ; BHR-1988-R Ministerial Order No. 8 of 1988 respecting voluntary insurance for the insured. Al-Jarida Al-Rasmiya, , No. 1819, 4 p. Date of entry into force: BHR-1987-L Legislative Decree No. 15 of 1987 to amend certain provisions of the Social Insurance Law enacted by Legislative Decree No. 24 of Al-Jarida Al-Rasmiya, , 3 p. (DOC.NORMES ; SECSOC ; INFORM) Date of entry into force: BHR-1976-R-7249 Ministerial Order No. 3 of 1976 (Insurance) respecting the effective application of the Law on Social Insurance in its first stage. Amiri Decree Law, Prime Ministerial Edicts Law, , pp (DOC.NORMES ; BHR-1976-L Amiri Decree Law to promulgate Law No. 24 of 1976 on Social Insurance. Al-Jarida Al-Rasmiya, , No. 1184, 88 p. (DOC.NORMES ; SECSOC ; INFORM) English translation, Ministry of Labour, Bahrain Consolidated English Text, General Organisation for Social Insurance (GOSI), Bahrain Date of entry into force: Amending text(s): (BHR-2005-R-73010) Prime Ministerial Edict No. 26 of 2005 with respect to amending Schedule No. 3 attached to the the Social Insurance Law enacted by Decree-Law No. 24 of BHR-1980-R Ministerial Order No. 6 of 1980 respecting procedures for implementing Amiri Decree-Law No. 8 respecting award of increments to pensioners and beneficiaries Al-Jarida Al-Rasmiya, , No Basic text(s): (BHR-1980-L-7233) Amiri Decree-Law No. 8 of 1980 respecting award of increments to pensioners and beneficiaries BHR-1981-R Ministerial Order No. 3 of 1981 (Insurance), respecting the effective application of the Law on Social Insurance in its third and fourth stages. Al-Jarida Al-Rasmiya, 4 p. ( 2

3 B H R L Amiri Decree-Law No. 8 of 1980 respecting award of increments to pensioners and beneficiaries Al-Jarida Al-Rasmiya, , No BHR-1978-R Ministerial Order No. 7 of 1978 (Insurance) respecting application of the Law on Social Insurance in the second phase. Law, , pp ( BHR-1976-R Ministerial Order No. 15 of 1976 to establish a committee to audit the accounts of private provident schemes established by employers. Law, , pp (DOC.NORMES ; BHR-1976-R Ministerial Order No. 10 of 1976 (Insurance) respecting funeral expenses grant. Law, , p. 83 ( Date of entry into force: B H R R Ministerial Order No. 4 of 1976 respecting the establishment of medical commissions and the functions Law, , pp (DOC.NORMES ; Date of entry into force: Old-age, invalidity and survivors benefit BHR-2001-M Prime Ministerial Edict No. 11/2001 with respect to increasing the minimum pensions payable under the Social Insurance Law enacted by Decree-Law No. 24/1976. Consolidated Act on Social Insurance, 2001, State of Bahrain, Bahrain, pp (Part three) (DOC.NORMES) Date of entry into force: BHR-2002-R Prime Ministerial Edict with respect to raising prescribed pension contribution of officers and servicemen of Bahrain Defence Force and Public Security (No. 49 of 2002). Official Gazette [English version], , No. 2563, p. 6 (INFORM P60033) EstablishesthatcontributionpercentageforoficersandservicementhataresubjectotheLawofOrganisingtheRetirementPensionsandBenefitsfortheOficersandServicemenofBahrainDefenceForceandPublicSecuritypromulgatedbyLegislativeDecreNo.1of1976shalberaisedto6ofbasicsalary. Date of entry into force: BHR-1977-L Amiri Decree-Law No. 12 of 1977 respecting the suspension of the application of certain provisions of the Law on Social Insurance to non-bahrainis Law, , p. 9 (DOC.NORMES ; Date of entry into force: Related text(s): (BHR-1976-L-7240) Amiri Decree Law to BHR-1976-L-7192 Amiri Decree-Law No. 27 of 1976 to amend sections 38 and 139 of the Social Insurance Law. Law, (DOC.NORMES ; SECSOC ; INFORM) Medical care and sickness benefit BHR-2004-R Ministerial Order No. 1 of 2004 concerning the Establishment of a Non-Bahrainis Health Insurance Scheme Steering Committee. Official Gazette (English Translation), , Issue No. 2662, pp (INFORM) ProvidesforthestablishmentoftheNon-BahrainisHealthInsuranceSchemeSteeringCommitteewhichistobentrustedwithanumberoftasksincludingthedrawingupofaplantoimplementhescheme,preparedraftlegislationandconsultwiththerelevantauthorities. BHR-2002-R Prime Ministerial Edict with respect to adding social allowances to retirement pension (No. 47 of 2002). Official Gazette [English version], , No. 2563, pp. 2-3 (INFORM P60033) Makes provision for adding of social allowances to retirement pension.is not applicable to disability pension which does not lead to termination of service. Date of entry into force: BHR-1986-L Decree-law No. 20 of 1986 with respect to amending the Law on Social Insurance promulgated by decree-law No. 24 of Consolidated Act on Social Insurance, 1999, Manama, Bahrain, p (DOC.NORMES ; Modifies provisions of clauses 2 and 3 of Article 34 of the Social Insurance Law. Date of entry into force: BHR-1985-L Decree-law No. 12/1985 amending Article 2 of Decree-law No. 1/1985 amending the Law on social insurance promulgated by decree-law No. 24 of Consolidated Act on Social Insurance, 1995, General Organization for Social Insurance, Manama, Bahrain, p. 10 (DOC.NORMES ; 3

4 Date of entry into force: Date of entry into force: BHR-1995-R Order of the Council of Ministers No.1 of 1995 to extend insurance to self-employed workers and employers. Al-Jarida Al-Rasmiya, , Vol. 48, No. 2148, pp. 3-9 (DOC.NORMES ; INFORM P60031/1) ProvidesforvoluntaryinsuranceofBahraininationalsundersection1,subsections5and6oftheSocialInsuranceAct(No.24,1976).Coverageincludesold-age,disabilityandsurvivors benefits.aplicantsmustbebetwen18and50yearsofage.thegeneralsocialinsuranceauthorityestablishedbylegislativedecreno.24of1976wilsetupaspecialfundforthepurposesoftheorder.detailedprovisionsaremadefortheamountofcontributions,terminationofmembership,etc. Date of entry into force: BHR-1994-R Order No. 1 of 1994 of the Social Insurance Authority to make provision for voluntary insurance. Al-Jarida Al-Rasmiya, , Vol. 47, No. 2122, pp (INFORM P60031/1) Providesthatanyworkerwhohascontributedtowardsold-age,disabilityandsurvivors benefitsunderthecompulsoryschemeforatleastfiveyearsmay,ifhenolongerqualifiesforcompulsoryinsurance,continuetocontributeonavoluntarybasis.detailedprovisionscovertheamountofcontributions,resumptionofcompulsorycoverage,benefits,andotherelatedmaters. Date of entry into force: BHR-1992-R Order No. 18 of 1992 to grant employees taking early retirement regular pay increments applicable to years added to their period of effective service. Al-Jarida Al-Rasmiya, , Vol. 45, No. 2028, pp (INFORM P60031/1) AnOrderoftheCouncilofMinisterstoprovideforannualpayincrementstoapplytoemployeestakingearlyretirementinaccordancewithLegislativeDecreeNo.13,1987,untilsuchtimeastheyreachthestatutoryageofretirement. BHR-1986-R Ministerial Decree No. 2 of 1986 specifying chronic, terminal and mental illnesses, which are considered to be permanent total disability. The Pension Fund Commission, 1991, State of Bahrain, pp ( BHR-1981-R Prime Ministerial Edict No. 5 of 1981 respecting the rules governing exchange of reserves between various retirement funds. Al-Jarida Al-Rasmiya, 8 p. (DOC.NORMES ; BHR-1980-R Ministerial Order No. 6 of 1980 respecting procedures for implementing Amiri Decree-Law No. 8 respecting award of increments to pensioners and beneficiaries Al-Jarida Al-Rasmiya, , No Basic text(s): (BHR-1980-L-7233) Amiri Decree-Law No. 8 of 1980 respecting award of increments to pensioners and beneficiaries BHR-1980-L Amiri Decree-Law No. 8 of 1980 respecting award of increments to pensioners and beneficiaries Al-Jarida Al-Rasmiya, , No BHR-1979-R Ministerial Order No. 4 of 1979 (Insurance) respecting the inclusion of periods of participation in the Social Insurance Scheme in the contributory period. Law, , pp ( BHR-1978-R Ministerial Order No. 21 of 1978 (Insurance) respecting determination of the cases for which pensions shall be paid abroad by the General Organization for Social Insurance to those normally resident in the State of Bahrain. Law, , p ( BHR-1981-R Ministerial Order No. 6 of 1981 (Insurance), respecting the increase of funeral expenses grant to the insured in the event of his death and the interest accruing on the lump sum compensation. Al-Jarida Al-Rasmiya, 1 p. ( BHR-1988-R Ministerial Order No. 8 of 1988 respecting voluntary insurance for the insured. Al-Jarida Al-Rasmiya, , No. 1819, 4 p. Date of entry into force: BHR-1976-R Ministerial Order No. 15 of 1976 to establish a committee to audit the accounts of private provident schemes established by employers. Law, , pp (DOC.NORMES ; BHR-1976-R Ministerial Order No. 10 of 1976 (Insurance) respecting funeral expenses grant. Law, , p. 83 ( BHR-1987-L Legislative Decree No. 15 of 1987 to amend certain provisions of the Social Insurance Law enacted by Legislative Decree No. 24 of Al-Jarida Al-Rasmiya, , 3 p. (DOC.NORMES ; SECSOC ; INFORM) 4

5 Date of entry into force: BHR-1976-L-7192 Amiri Decree-Law No. 27 of 1976 to amend sections 38 and 139 of the Social Insurance Law. Law, (DOC.NORMES ; SECSOC ; INFORM) Employment accident and occupational disease benefit BHR-2005-R Prime Ministerial Edict No. 26 of 2005 with respect to amending Schedule No. 3 attached to the the Social Insurance Law enacted by Decree- Law No. 24 of English Translation of the Official Gazette, , Issue No. 2695, pp (INFORM) AmendstheScheduleconcerningoccupationaldiseasesresultingfromchemical,physical,andbiologicalelements,aswellasoccupationallungdiseases,skindiseases,canceroustumoursandotheroccupationaldiseases. BHR-1992-R Order No. 16 of 1992 to provide for benefits and leave entitlements accruing to government employees during periods of absence from work due to an occupational accident. Al-Jarida Al-Rasmiya, , Vol. 45, No. 2026, pp (INFORM P60031/1) ProvidesthatcivilservantsubjectotheprovisionsofActNo.13,1975,asamended,shal,forthentiredurationoftheirabsencefromworkduetoanocupationalacident,receiveanamountequivalentotheirformersalaryinaditiontotheirstatutoryentitlementocompensationfromthepensionfund.Theirleaventitlementscontinuetoacumulateasiftheywereworkingnormaly. BHR-1975-R Ministerial Decree No. 1 of 1975 concerning the definition and specification of occupational diseases. The Pension Fund Commission, 1991, State of Bahrain, pp ( Date of entry into force: Basic text(s): (BHR-1975-L-29173) Law No. 13 of 1975 for the regulation of retirement pensions and gratuities for government employees and servants. BHR-1977-R Ministerial Order No. 1 of 1977 (Insurance) permitting Aluminium Bahrain Company a reduction to 1:3 being the rate of contribution to insurance branch against employment accidents. 1989, pp ( BHR-1976-R Ministerial Order No. 19 of 1976 (Insurance) with respect to permitting a reduction in the rate of contribution to insurance branch against employment accidents for Bahrain Petroleum Company Limited. 1989, pp ( BHR-1986-R Order No. 17 of 1986 respecting the formation of an appelate medical commission for employment injuries. 1989, pp (DOC.NORMES ; B H R R Ministerial Order No. 21 of 1978 (Insurance) respecting determination of the cases for which pensions shall be paid abroad by the General Organization for Social Insurance to those normally resident in the State of Bahrain. Law, , p ( BHR-1976-R Ministerial Order No. 6 of 1976 (Insurance) respecting procedures involving executive measures pertaining to the branch of insurance against employment accidents. Law, pp (DOC.NORMES ; BHR-1976-R Order No. 25 of 1976 respecting the compensation for employment accidents. The Labour Law for the Private Sector, 1976 and Legislation Relating Thereto, , pp (INFORM) Order No. 25 of 1976, Ministry of Labour and Social Affairs, Bahrain Contains general rules regarding compensation and includes a schedule of compensation for various degrees of incapacity incurred in employment accidents. Unemployment benefit BHR-2006-R Legislative Decree No. 78 of 2006 with respect to Insurance Against Unemployment. English translation, Ministry of Labour, Bahrain Chapter1-Definition,scopeofaplicationandpowersChapter2-EstablishmentandfinancingtheacountChapter3-CompensationChapter4-AidChapter5-GeneralconditionsconcerningcompensationandaidChapter6-RegistrationandcontributionsChapter7-PenaltiesChapter8-Miscelaneousprovisions Related text(s): (BHR-1976-L-7240) Amiri Decree Law to Related text(s): (BHR-1976-L-13930) Amiri Decree Law No. 23 of 1976 to promulgate the Labour Law for the private sector. Related text(s): (BHR-1975-L-29173) Law No. 13 of 1975 for the regulation of retirement pensions and gratuities for government employees and servants. Social assistance and services BHR-1984-R Amiri Decree Law No. 13 of 1984 amending Amiri Decree No. 11 of 1976 concerning the establishment of the High Council for Labour Services. English translation, Ministry of Labour and Social Affairs, Laws & Regulations, Bahrain Amendsarticle2oncomposition(nominationofEmployers RepresentativesbytheBahrainChamberofComerceandIndustryandnominationofWorkersRepresentativesbytheGeneralComiteforBahrainWorkers)andarticle4onfunctions(submisionofananualreportotheCouncilofMinisters). BHR-1981-R Order No. 23/1981 With Respect to Social Assistance Scheme Unofficial English translation, 7 p. (DOC.NORMES) EstablishestheligibilityforsocialasistanceforBahrainicitizensoresidentswhofalunderthecategoriesofchildrenwithnomaintenanceproviders,widows,divorces,desertedwives,prisoner sfamilies,unmariedfemales,orphans,totalyorpartialyincapacitatedpersons,sickpersonsandelderlypersons.regulatesthepaymentofbenefits.excludespaymentstocertainpersonscoveredunderthecivilservants PensionandRetirementBenefitsLaw,theLabourLawforthePrivateSector,theBahrainDefenceForceandPublicSecurityMembers PensionandRetirementBenefitLaw.Setstheproceduresforclaimingsocialbenefits. BHR-1976-L Amiri Decree Law No. 11 of 1976 concerning the setting up of the High Council for Labour Services. English translation, Ministry of Labour and Social Affairs, Laws and Regulations, Bahrain The task of this tripartite Council shall be the promotion of social welfare of workers. 5

6 Date of entry into force: Amending text(s): (BHR-1984-R-65596) Amiri Decree Law No. 13 of 1984 amending Amiri Decree No. 11 of 1976 concerning the establishment of the High Council for Labour Services. Administration and financing BHR-1988-R Ministerial Order No. 5/1988 with respect to enforcing Legislative Decree No. 15 of 1987 with respect to amending certain provisions of the Social Insurance Law enacted by Legislative Decree No. 24 of Consolidated Act on Social Insurance, 2001, State of Bahrain, Bahrain, pp (Part four) (DOC.NORMES) Establishes, inter alia, the steps to be followed when making the settlement and calculation of pensions. Basic text(s): (BHR-1987-L-7236) Legislative Decree No. 15 of 1987 to amend certain provisions of the Social Insurance Law enacted by Legislative Decree No. 24 of BHR-2000-L Decree-Law No. 14/2000 with respect to amending some of the social insurance law provisions enacted by Decree-Law No. 24 of Consolidated Act on Social Insurance, 2001, State of Bahrain, Bahrain, p. 16 (Part two) (DOC.NORMES) Replaces Section (1) of Article (8) of the Social Insurance Law respecting the Board of Directors. BHR-1976-R Ministerial order No. 4/Insurance dated with respect to the determination of the categories of the worker s wage subject to social insurance contribution and the payment of such contributions and the forms to be used. Consolidated Act on Social Insurance, 1995, General Organization for Social Insurance, Manama, Bahrain, p (DOC.NORMES ; BHR-1995-R Order of the Ministry of Labour and Social Affairs No. 3 of 1995 concerning the conditions and procedures for licensing of social rehabilitation and welfare establishments. Al-Jarida Al-Rasmiya, , Vol. 48, No. 2162, pp. 4-6 (INFORM P60031/1) Establishes strict licensing requirements. Date of entry into force: BHR-1979-R Ministerial Order No. 4 of 1979 (Insurance) respecting the inclusion of periods of participation in the Social Insurance Scheme in the contributory period. Law, , pp ( B H R R Ministerial Order No. 14 of 1978 (Insurance) respecting procedures, appointments, mode of application for payment of allowances, Indemnities, pensions, grants, the determination of offices for such payments, payment forms and dates of submission Law, , pp ( BHR-1977-R Ministerial Order No. 25 of 1977 (Insurance) respecting the establishment of the Dispute Settlement Committee mentioned in Article 104 of the Law on Social Insurance. Law, , pp ( BHR-1977-R Ministerial Order No. 17 of 1977 (Insurance) concerning regulations and procedures to be followed by the General Organization for Social Insurance to safeguard its rights towards employers and claims made thereunder. Law, , pp ( BHR-1977-R Ministerial Order No. 8 of 1977 (Insurance) respecting the establishment of a Control Committee at the General Organization for Social Insurance. Law, , p ( Date of entry into force: BHR-1976-R Ministerial Order No. 9 of 1976 (Insurance) respecting records and file to be maintained by the employers subject to law on social insurance. Law, , pp ( Date of entry into force: BHR-1976-R Ministerial Order No. 6 of 1976 (Insurance) respecting procedures involving executive measures pertaining to the branch of insurance against employment accidents. Law, pp (DOC.NORMES ; 6