Without prejudice to the provisions of criminal and civil liability, the table below indicates examples of some constant violations while the suppliers and beneficiaries of the programs and projects of the Labour Fund fulfil their obligations provided under the Labour Fund’s model contracts.

 

Examples of violations of the Enterprise according to the model contract for the business development program
No.	Violation	Suggestion to avoid violation
1	–   Non-compliance with the regulations, decisions, instructions, resolutions and circulars issued by Tamkeen and non-compliance with the policies and procedures stipulated in the contract, support approval, and terms and conditions.	– Comply with the regulations, decisions, instructions, resolutions and procedures issued by Tamkeen and stipulated in the contract, support approval, and terms and conditions.
		– Comply with the regulations, decisions, instructions, resolutions and procedures issued by Tamkeen and stipulated in the contract, support approval, and terms and conditions.
2	Failure to disclose to Tamkeen in writing if the Enterprise is exempted from paying any amounts, costs or expenses by one of the partners – according to the contract-.	– Disclosure to Tamkeen in writing whether the Enterprise is exempted from paying any amounts, costs or expenses by one of the partners.
		– Disclose to Tamkeen in writing, any actual or potential situation that could reasonably explain  the existence or possibility of a conflict of interest when implementing the contract requirements within a period not exceeding fifteen (15) days from the date of being aware of this matter..
3	Failure to provide sufficient number of competent administrators and employees that are capable of operating and using the subsidized materials and services throughout the term of the contract.	Ensure providing the sufficient number of administrators and specialized employees who can operate and use the subsidized materials and services throughout the term of the contract to achieve the objectives of the Enterprise and the purposes of support.
4	Closing the enterprise, selling it, transferring its ownership, or changing its commercial activity without Tamkeen’s prior written approval in this regard.	Obtaining Tamkeen’s prior written approval in the event of a desire to close the enterprise, sell it, transfer its ownership or change its commercial activity, through a written request directed to Tamkeen stating the reasons for this, and it is up to Tamkeen’s sole discretion to approve or reject the request. The request shall be considered automatically rejected if Tamkeen does not respond to the enterprise within thirty (30) days of receiving the letter.
5	Non-disclosure to Tamkeen about any changes on the legal status of the Enterprises in regards of changing the enterprise name or/and commercial address.	Disclose any change that will accrue in the legal status of the enterprise whether by changing the name or commercial address. Tamkeen must be notified of this change in writing within a period not exceeding thirty (30) days from the date of such change.
6	Failure to provide Tamkeen with the required documents or/and information in the specified time giving by Tamkeen.	Provide Tamkeen with any data, documents or information it requests, at the time it determines, should not be less than three (3) working days.
7	1-     The material and/or Service is not used to meet the needs and requirements of the Enterprise’s main commercial activities	Use the material or service directly towards the Enterprise main commercial activity and not renting, selling or transferring it to others during the term of the contract.
	2-     Renting, selling or transferring the material or service to others during the term of the contract.
8	Failure to notify Tamkeen if the material or service is damaged, broken, replaced, stolen or lost during the term of the contract.	Notify Tamkeen if the material or service is damaged, broken, replaced, stolen or lost during the term of the contract, by writing  within a period not exceeding thirty (30) days, and stating the reasons that led to this and providing the supporting documents.
9	Not allowing Tamkeen employees to verify the implementation of the enterprise and partners – according to the contract – of their obligations towards each other and towards Tamkeen.	To commit to cooperate and allow Tamkeen or its representative in writing to verify – by any means – that both the enterprise and the partners fulfill their obligations towards each other and towards Tamkeen.

 

Examples of violations specific to (the Enterprise) according to the model contract of the Individual Development Program
No.	Violation	Suggestion to avoid violation
1	Not allowing Tamkeen to verify that the enterprise, employee and service provider fulfill their obligations towards each other and towards Tamkeen.	To be obliged to cooperate and allow Tamkeen employees or whomever it delegates in writing to verify – by any means – that the enterprise, the employee and the service provider fulfill their obligations towards each other and towards Tamkeen.
2	Failure to disclose to Tamkeen in writing if the Enterprise or the employee is exempted from paying any amounts, costs or expenses by the service provider.	The necessity to inform Tamkeen if the enterprise or employee is exempted from paying any amounts, costs or expenses by the service provider.
3	Closing the Enterprise, selling it, transferring its ownership, or changing its commercial activity without Tamkeen’s prior written approval in this regard.	Obtaining Tamkeen’s prior written approval in the event the enterprise desires to close, sell, transfer its ownership or change its commercial activity, through a written request directed to Tamkeen stating the reasons for this, and it shall enable the absolute authority to accept or reject this request, and the request is considered implicitly rejected if Tamkeen does not respond to the enterprise within thirty (30) days of receiving the letter.
4	Non- disclosure to Tamkeen about the legal status of the enterprise in terms of changing its name or commercial address, during the term specified in the contract.	Disclose any change in the legal status of the enterprise by changing name or commercial address, and Tamkeen must be notified of this in writing within a period not exceeding thirty (30) days from the date of such change.
5	Failure to provide Tamkeen with the documents or information’s requested by Tamkeen by the time specified by Tamkeen.	Provide Tamkeen with any data, documents or information it requests, at the time it determines, within three (3) working days at least.
6	Advertise any content that includes Tamkeen’s name or logo without Tamkeen’s prior written consent.	Obtain Tamkeen’s prior written consent before advertising any content that includes Tamkeen’s name or logo, using the Tamkeen approved form for advertisements.
7	Registering the employee to obtain the support provided from the program, while the employee is already receiving support from other governmental or private entity.	Reject the employee registration from obtaining the support provided in the program, if the enterprise is already receiving support for the same employee from any governmental or private entity.
8	Refusing to refund the value of the support that the enterprise have obtained if the enterprise arbitrarily terminates the employee’s services before the expiry of the contract term.	The enterprise is obligated to refund the value of the support that it had obtained from Tamkeen if it had arbitrarily terminated the employee’s services before the expiry of the contract term.
9	Failure to complete the term of the contract and non-fulfillment of all obligations agreed upon regarding the program under the contract, support approval and terms and conditions.	The necessity to adhere to the completion of the contract term and the fulfillment of all agreed obligations regarding the program under the contract, supports approval and terms and conditions.
10	Non-compliance with the regulations, decisions, instructions, resolutions and circulars issued by Tamkeen and non-compliance with the policies and procedures stipulated in the contract, support approval, terms and conditions.	– Comply with the regulations, decisions, instructions, resolutions, circulars, policies and procedures issued by Tamkeen and stipulated in the contract, support approval, terms and conditions.
		– Continuously reviewing the website/Portal to follow up on any modifications or updates that Tamkeen makes to the program, the contract, or the terms and conditions.

 

Examples of violations specific to (employee) according to the model contract of the individual Development Program
No.	Violation	Suggestion to avoid violation
1	Non-compliance with the regulations, decisions, instructions, resolutions and circulars issued by Tamkeen and non-compliance with the policies and procedures stipulated in the contract, support approval, terms and conditions.	– Comply with the bylaws, decisions, instructions, resolutions, regulations and circulars issued by Tamkeen and stipulated in the contract, support approval, and terms and conditions.
		– Continuously reviewing the website/Portal to follow up on any modifications or updates that Tamkeen makes to the program, the contract, or the terms and conditions.
2	That the employee has a valid contract or other request within the program that was not completed when the support request was submitted.	Ensure that the employee does not have a valid contract or other request within the program that has not been completed when submitting the support request.
3	The employee fails to do the required efforts to work on successfully completing and passing the training during the specified period.	Make the required effort to successfully complete and pass the training he is participating in during the specified period.
4	Absence of the employee in the designated place of the training, whether at the enterprise or the place provided by the service provider, and at the hours that are agreed on.	Obligation to attend to the place designated for the training, whether at the enterprise or the place provided by service provider, and at the hours agreed on.
5	Lack of commitment to comply with the training requirements and instructions given by the enterprise or service provider.	Commit to the training requirements and instructions given by the enterprise or service provider.
6	Failure to notify Tamkeen immediately in the event of dismissal or resignation from work in the enterprise if the employee is a benefiting from the field of human resources development.	Immediately notify Tamkeen in the event of dismissal or resignation from work in the enterprise if the employee is benefiting from the field of human resources development.
7	Failure to provide Tamkeen with the data, documents or information requested by Tamkeen withing the time that Tamkeen specifies.	Provide Tamkeen with any data, documents or information it requests, at the time it determines, within three (3) working days at least.
8	Using confidential information disclosed by Tamkeen to the employee for purposes other than those stipulated in the contract.	Use the confidential information disclosed by Tamkeen to the employee for contract purposes only.
9	Declaring about any subject or information related to the Contract or the Program without Tamkeen’s prior written consent.	To be obliged not to disclose about any subject or information related to the contract or program without the prior written consent of Tamkeen and within the limits of this approval, except in cases  where disclosure of such information is required in accordance with the laws and regulations in force in the Kingdom of Bahrain.

 

Examples of violations specific to (the beneficiary) according to the model contract of the Individual Development Program
No.	Violation	Suggestion to avoid violation
1	Non-compliance with the regulations, decisions, instructions, resolutions and circulars issued by Tamkeen and non-compliance with the policies and procedures stipulated in the contract, support approval, terms and conditions.	– Comply with the bylaws, decisions, instructions, resolutions, regulations and circulars issued by Tamkeen and stipulated in the contract, support approval, and terms and conditions.
		– Continuously reviewing the website/Portal to follow up on any modifications or updates that Tamkeen makes to the program, the contract, or the terms and conditions.
2	Failure to achieve the criteria and conditions related to the program, which Tamkeen decides from time to time and communicates to the beneficiary.	Commitment to achieving the criteria and requirements related to the program, which Tamkeen decides from time to time and communicates to the beneficiary.
3	Not allowing Tamkeen employees to verify that the beneficiary or service provider fulfills their obligations towards each other and towards Tamkeen.	Cooperating and allowing Tamkeen employees or their delegates to verify that the beneficiary or service provider fulfills their obligations towards each other and towards Tamkeen.
4	Failure to disclose to Tamkeen if the beneficiary is exempted from paying any amounts, costs or expenses by the service provider or any other party.	The necessity of disclosure in the event that the beneficiary is exempted from paying any amounts, costs or expenses by the service provider or any other party.
5	Non discloser to Tamkeen regarding the existence of support for the training specified in the support approval from any public or private entity or from the service provider itself.	Disclose to Tamkeen about the existence of any support for the training specified in the support approval from any public or private entity or from the service provider itself, whether this support is in whole or partially.
6	The employee fails to do the required effort to successfully pass the training, or not committing to attending the training hours, taking exams, or submitting the required assignments.	Do the required effort to successfully pass the training, including commitment to attend the prescribed training hours, submit exams, perform the required assignments, and abide by the rules and regulations of the service provider and the approved training body – if any.
7	Failure to provide Tamkeen with the data, documents or information requested at the time specified by Tamkeen.	Provide Tamkeen with the data, documents and information it requests, at the time specified by Tamkeen, not less than three (3) working days at least.
8	Not making sure that the quotations given by the service provider are accurate and based on the specified training that is required.	It is necessary to ensure that the quotations submitted by the service provider are accurate  and based on the specified training that is required,  the price quotation shall contain prices commensurate with the price recognized in the market and do not include any increase or decrease over the price disclosed in writing to Tamkeen.

The Violations Regulation is available for viewing here