BCC 491/2015
This case involved the correct way to calculate an employee's holiday pay. Legal costs were also considered.
Background
An employee filed a case with the civil court against a company, and she requested they pay her holiday pay.
She had been working for them under an employment contract as a communications coordinator with a monthly wage of 650 Dinars but she was sacked without legal justification.
The court asked the company to pay 217 Dinars in lieu of annual leave.
The employee appealed the ruling before the court of cassation.
She stated there was a violation of the law and an error in its application as the holiday pay was calculated with a basic wage of 350 Dinars.
She claimed it must be calculated on a monetary basis, including the housing, communications and transportation allowances of a total of 650 Dinars.
Decision
The court said that the argument was invalid according to Article 47 of Bahrain Law No. 36/2012. The workers' rights on holiday pay were calculated according to Article 59 of of Bahrain Law No. 36/2012 on the basis of the worker's last basic wage plus the social allowance, if any.