What to do before filing a Labor Case?

Most of the people I have met possess a very negative outlook regarding the justice system and labour rights in the Kingdom of Bahrain but I will be honestly saying that I have seen 90% to 95% of the cases decided in favour of the employee. Also, the Labour Law is highly tilted in favour of employees.

However, it is very important that most of the cases were won because of the early action on the part of the employee. In cases, some employees seek prior consultation before taking any action or before any action is taken against them. I would say they anticipated something and did their homework well in advance.

Then there is another category of people who believe in sleeping. For months they have not been getting a salary, but like a slave they continue working and when in the end they get nothing they will blame everyone from Bahrain government, local laws, their luck but not their own lethargic attitude and lack of self respect for themselves. Most of these people belonging to this category end get up getting nothing.

The people who seek early action are smarter because they anticipate something wrong is going on and their future might be jeopardized because of it and to protect it they don't mind spending some money to have a better chance to win the case. For example, last week someone visited us who got paid a whopping amount as end of service benefits and still wanted to be sure that this amount is the accurate amount.

Therefore, in my opinion the basic homework must be done and before filing any case you should have an evaluation with your attorney to decide whether you stand a chance to win the case or not. I would say in some cases you should not go ahead if your company is bankrupt and its limited liability. In such case it is useless to file a case. If the financial situation of your company is good and has lots of assets, then you must file a case.

For example, many times we have suggested clients that the settlement they are getting is a wonderful one and they should not file a case. On some occasion we have told the client the amount is too small to chase and you might end up paying more attorney fees etc. Therefore, before filing a labour case it is always advisable to have a proper consultation with your attorney.