Terminations of Employment
This section of the report exposes a vivid scandal pertaining to both the GoB and the Commission.
Please read the following paragraphs carefully, especially ones highlighted in yellow. This is the summary...
1. There are clear evidences that all dismissals where connected directly to retaliation against Shia employees.
2. Most dismissals were based on suspicion!
3. Also, and in many cases, the head of the company without hesitance states that “higher authorities” or the “National Safety Agency” are the source of orders for dismissal.
4. In light of the above, the Commission fails to recommend reinstating those employees in a clear message.
5. Many of the dismissals violates Constitutional articles and Bahrain civil law and international conventions
Introduction
[bici] 1337: The Commission received a total of 1,624 complaints from individuals alleging that they had been dismissed from employment
[bici] 1338: The three main grounds used to dismiss employees from the public sector were: (i) absence from work; (ii) involvement in demonstrations; and (iii) public display of opinions incompatible with the internal regulations
[bici] 1338: The two main grounds used to dismiss employees from the private sector were; (i) absence from work; and (ii) involvement in union activity related to the demonstrations
[bici] 1356: Public sector: 465 were dismissed and 355 suspended. Private sector: 788 dismissed and 16 suspended.
Public Sector
[bici] 1358: 34% of dismissed employees had not been subjected to investigations or potential dismissal
[bici] 1359: Of the remaining 64%, some were questioned about their absence reasons, their political affiliation, whether they had participated in the demonstrations, which sect they belonged to and their opinions about the regime and/or high profile religious or political figures.
[bici] 1360: ~120 employees were presented with photographs associating them with demonstrations.
[bici] 1360: 95+ employees were threatened that their cases would be referred for public prosecution
[bici] 1360: 44 employees were suspended prior to having been referred for investigations.
Private Sector
[bici] 1387: Employees on annual leave reported having been asked why they chose the period of February/March for their leave!
[bici] 1388: ~10 employees reported they were presented with photographs associating them with demonstrations.
[bici] 1388: 37+ employees were threatened that their cases would be referred for public prosecution
[bici] 1388: Some employees learned of their dismissal when they appeared for work and were not allowed onto the premises
[bici] 1390: A total of 2,464 private sector employees were dismissed in relation to the events of February/March 2011.
ALBA: 514
BAPCO: 312
APM: 254
Gulf Air: 219
Batelco: 172
BAS: 87
ASRY: 64
Garmco: 29
Other companies: 743
[bici] 1403: 14% of ALBA’s work force were dismissed
[bici] 1408: Union reps alleged that the CEO of the company informed them that the dismissals were based on orders from “higher ups”
[bici] 1425: Gulf Air assumed that employees who did not appear for work attended demonstrations at the roundabout. Gulf air did not have actual evidence to support its determination
[bici] 1426: Gulf Air stated that it had halted the reinstatement of al least eight employees because of orders it received from the National Security Agency
Findings and Conclusions
[bici] 1446: The Commission has received anecdotal evidence suggesting that government representatives directly encouraged companies to dismiss employees suspected to be involved in the events of February/March
[bici] 1447: The failure to universally apply procedural guarantees afforded by law has resulted in the denial of due process for dismissed and suspended employees, in contravention of the Constitution of Bahrain
[bici] 1448: It appears that the workers’ strikes were within the permissible bounds of the law
[bici] 1449: Dismissals of employees as a result of absences were inconsistent with article 28 of Civil Service Law No. 48 of 2010 and article 113 of Decree Law No. 23 of 1976m respectively.
[bici] 1450: Statements made to the Commission indicated that many of the dismissals ostensible based on absence from work were in fact motivated by retaliation against employees suspected of being involved in the demonstrations
[bici] 1451: In many instances, employers referred or threatened to refer employees to criminal investigations based on suspicious that they had been active in demonstrations
[bici] 1452: Employees were often questions about opinions and activities protected by the Constitution
[bici] 1453: Shia employees were often treated differently from similarly-situated employees who were not Shia. This disparity in treatment in this context indicates that they have been discriminated against in contravention on the Constitution of Bahrain and ILO Convention No. 111
[bici] 1455: The Commission recommends that the GoB use all its powers to ensure that public corporations and other employers who dismissed employees for failure to appear at work at the time of the demonstrations treat them no worse that the Government has treated its own civil servants.
Recommendation
[bici] 1456: The Commission urges the GoB to ensure that these remaining dismissed employees have not been dismissed because of their exercise of their right to freedom of expression, opinion, association or assembly
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