Employment contracts and their authentication
This guide sets out what an employment contract in the Kingdom of Bahrain must contain, the procedure for notarising it with the relevant authorities, and its relationship to the work permit and to social insurance.
The contract and its content
An employment contract fixes the relationship between company and worker in writing. The more precise it is, the less room there is to dispute it. What must be unmistakable in it:
- The job title, the nature of the work and where it is performed.
- Basic pay, allowances and when they are paid.
- The term of the contract, and any probation period.
- Working hours and leave.
- The notice period for termination by either side.
Authentication, and why
The contract is authenticated with the Ministry of Labour, which makes it a document recognised by the authorities rather than a paper between two parties. Authentication serves the company before it serves the worker, because it fixes the terms as they stood at the time of contracting rather than as they are recounted years later.
The contract and the work permit
The contract and the work permit are different documents from different authorities, and they are confused with each other. The permit makes employing the worker lawful and is issued by the Labour Market Regulatory Authority. The contract governs the terms of that work and is authenticated with the Ministry of Labour. Having one does not stand in for the other.
When a dispute arises
A labour case is decided on what is recorded, not on what was agreed verbally. Following a case and attending its sessions for the company is expertise work, studied case by case and quoted in writing, unlike authenticating a contract, which stays within routine work.
This guide is a general account and not legal advice. The Ministry of Labour is the final reference for any condition or procedure.
Does a work permit stand in for an employment contract?
No. They are two different documents from two different authorities: the permit makes employing the worker lawful and issues from the Labour Market Regulatory Authority; the contract governs the terms of their work and is notarised at the Ministry of Labour. Neither replaces the other.
What should the contract make clear?
The job title and the nature of the work, the wage and what makes it up, the term and how it ends, and whatever allowances and leave were agreed — as they stood at contracting, not as recounted years later.
What is wrong with one template for every job?
Its clauses end up saying something other than what the two parties agreed, so it settles nothing when a dispute arises.
When is the contract notarised?
Before a dispute arises, not after. Notarisation at the competent authority is what makes the contract a document that counts.
Reviewing a contract before authentication
Send the job title and the nature of the work, and we set out what the contract should contain and what may stand in the way of authenticating it.