MPs approve bill limiting foreign hires in public jobs reserved for qualified Bahrainis

MPs yesterday approved a bill that would force ministries and state bodies to bring in expatriates for public jobs only if they hold at least a master’s degree and 10 years’ experience, then sent it back to the Shura Council for a second review. The Council of Representatives’ vote confirmed earlier backing for amendments to Article 11 of the Civil Service Law and returned the draft to the upper chamber, which had previously rejected it in principle under the legislative process in force.

Under the bill, ministries and other government entities may only contract non-Bahrainis if no Bahraini candidate is available who meets the requirements for the post. Any expatriate hire must hold at least a master’s degree, or an equivalent qualification, in the relevant specialism and have no less than 10 years’ experience in the same field.

Cap

Contracts for non-Bahraini staff would be capped at two years and could be renewed only once for another two-year term. Renewal would depend on confirming that a suitable Bahraini candidate is still not available and on the approval of a committee formed by the Civil Service Bureau to check that the conditions in the executive regulations of the Civil Service Law have been met. The text also requires that the employment contract for a foreign worker include an obligation to train a Bahraini employee during the contract period. Where a contract is silent on a point, the Civil Service Law and its executive regulations would apply to those hired under these arrangements.

Instructions

The Civil Service Bureau would issue instructions spelling out the rules and standard forms for contracts with non-Bahrainis, including the training requirement. In its report to the chamber, the Legislative and Legal Affairs Committee stated that the amendments are intended to give Bahraini citizens first call on public jobs and to build local skills so that Bahrainis can take over posts now held by expatriates. The government, in a memorandum attached to the draft, asked MPs to reconsider the bill.

Academic level

It stated that fixing a specific academic level and detailed conditions in the law does not sit with the legislative approach of the Civil Service Law, as decisions on required knowledge, skills and extra qualifications for each post depend on actual staffing needs and changing circumstances. According to the memorandum, that flexibility helps government bodies meet the tasks assigned to them. Despite that position, and the earlier refusal of the Shura Council to approve the bill in principle, the Council of Representatives has now confirmed its support for the amended text and sent it back to the upper chamber for a further review.