Report of the Bahrain Independent Commission of Inquiry

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Report of the Bahrain Independent Commission of Inquiry amounting to 14% of the company’s workforce. The employees reported that of these 399 dismissed employees, only six were reinstated during the first week of dismissals, and an additional 50 were reinstated on 31 July 2011. The employees alleged that employees returning to work were required to sign documents. 1404. According to a report submitted to the Commission by the MoL, 514 dismissed employees of ALBA registered their unemployment with the MoL. Of these 514 employees, 204 had been reinstated to work as of 14 September 2011. Additionally, the MoL determined that 247 of the 514 dismissed employees remained illegally terminated. The report further stated that 12 dismissed employees either retired or found other employment, 49 did not pursue complaints, and two dismissals were found to be lawful by the MoL. 703 1405. One witness alleged that he was dismissed from ALBA without having been informed of the reason for his dismissal, and that he was not issued the complete payment to which he was entitled. The witness stated that he did not appear for work on 20 and 21 March 2011 because he feared for his safety, but that he returned to work on 22 March. He further stated that he continued to work until he was given notice of his dismissal on 11 April. The witness also stated that although he worked on 10 April, he was not paid for this day or for two other unused vacation days. The witness stated that prior to his dismissal, he was not issued any warning or otherwise given any notice that he would be disciplined for his two-day absence. Only three months after his dismissal was the witness notified of an investigation by ALBA. 1406. On 3 November, the Commission met with representatives of ALBA who stated that only 203 employees remained dismissed, but that they were working with the MoL to establish a review committee to address the dismissals. (5) The Arab Shipbuilding and Repair Yard Company 1407. The Arab Shipbuilding and Repair Yard Company (ASRY) has provided marine services in the form of ship repair and conversion since 1977. The Commission received statements from eight dismissed and three suspended employees at ASRY. According to a report submitted by the MoL, a total of 64 employees were dismissed from the company in connection with the events of February/March 2011. Of those employees, 15 were reinstated, one was hired elsewhere, six did not pursue complaints with the MoL, one 703 On 30 October 2011, the MoL submitted a follow up report that stated the following regarding ALBA employees: 204 were reinstated; 11 found employment, retired or were given financial compensation; 88 were offered compensation; 39 did not pursue complaints with the MoL; and 172 remained illegally dismissed. While these figures add up to 514 – the total number of employees reported dismissed – the breakdown of numbers does not altogether correspond with the previous report. The Commission cannot make any presumptions about the decrease in the number of employees reported to have found other employment or retired, the decrease in the number of employees reported to have not filed complaints, or the two employees previously reported by the MoL to have been found lawfully dismissed and which are not identified in its later report. 344
Chapter VII — Other Human Rights Issues dismissal was found to be unrelated to the events of February/March, and 41 were found to have been illegally dismissed and not yet reinstated by ASRY. 704 1408. According to the ASRY Trade Union, the company dismissed the employees with no prior notice or investigation. Union representatives alleged that the Chief Executive Officer (CEO) of the company informed them that the dismissals of union members were based on orders from “higher ups”. 1409. Union representatives also alleged that several employees were forced to resign after threats of being referred to public prosecution for criminal investigation and detention. The Union provided a letter addressed to the Board of Directors of ASRY and signed by 29 employees stating that their resignations were tendered under duress. 1410. Reported reasons for the dismissal of ASRY employees included: termination for incitement to strike; termination for political incitement using the company’s email system; termination for participating in the sit-in at the Lulu Roundabout; and termination for absence. The ASRY Trade Union alleged that all nine members of its board of directors were dismissed for inciting other employees to strike, and it provided copies of their termination letters to the Commission. 1411. The union stated that employees were dismissed for their absence from work regardless of the reasons for the absence due to assumptions about the sectarian and political affiliations of the employees. It further stated that ASRY deducted missed days from the pay of employees rather than applying the employees’ allotted personal or sick leave if the absences occurred during the general strike for the safety of workers. The union stated that it had reached out to ASRY to address these matters, but was unable to obtain any response form the company. 1412. The union also alleged that ASRY retaliated against the union by not deducting membership dues from member employees. In support of this claim, it provided copies of member pay stubs from the months of May and June 2011 indicating that member dues were not deducted. It also provided copies of correspondences between the union and ASRY, as well as between the union and the MoL, complaining of this matter. (6) Batelco 1413. Batelco is a telecommunications corporation headquartered in Bahrain. While it is a private corporation, 35% of its shares are owned by the GoB. The Commission collected the statements of 111 Batelco employees alleging that they had been dismissed in connection with the events of February/March 2011. 1414. One witness who was dismissed from Batelco stated that at the time he was dismissed, on 4 April 2011, he was on approved annual leave. The witness stated that he received a telephone call from Batelco informing him 704 Ministry of Labour, Report to the Commission, 30 October 2011. 345
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Report of the Bahrain Independent Commission of Inquiry

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