The Law Firm of Labeed Abdal

 

In Kuwait, the labour laws in public sector and private sectors are regulated by separate statutes. There are three main legal codes governing labour laws in Kuwait . Labour laws in the private sector are enforced by the Ministry of Social Affairs & Labour (MSA & L). The Employment related matters for the civil servants are regulated by the Labour Law for Government Employees. The employees who work in the Oil Industry are regulated by the Labour Law of the Oil Sector. The persons on temporary contracts of less than six months and persons in domestic service, such as the maids, domestic servants, drivers etc are not covered by any particular labour law and must rely for protection on general principles of law.

 

 

Labour laws in the private sector are enforced by the Ministry of Social Affairs & Labour ( MSA & L). The contract of employment could be for fixed time or indefinite. A fixed time may not exceed 5 years. The Contract may be verbal or in writing. The Employment Contract should specify atleast the description of the job, remuneration payable, terms of services etc. The Contract must be in Arabic as it will be considered authoritative in case of any dispute before the court of law. In case the employee is unable to communicate in Arabic language, he may get the Arabic version of the contract translated from any authorized translation office to his language for the purpose of his reference.

 

Remunerations includes basic pay, incentives, commissions, obligatory bonuses, gratuities from third parties, allowances etc. Payment of a bonus is obligatory if it is stipulated in the contract of employment. The total remuneration as per the contract is very important when the terminal indemnity is calculated or for compensation for any injury to the employee. Where an employee is paid on a time basis, the last salary payable is used, but if he is paid on a piece-work basis, then the average wage actually payable to him during the previous three months is used. The employee having a fixed salary must be paid every month and piece- workers and those on hourly or weekly wages must be paid every two weeks.

 

The working hours of an adult are limited to eight hours a day and 48 hours a week. An employee is required to work overtime provided it is necessary and the employer's order is in writing. An employee should be adequately paid for the over time work performed. The overtime pay are generally higher than the pay during the ordinary office hours. An employee is entitled to one full day off per week. In most offices, friday is the traditional off day, but this is not a legal requirement.

 

Regarding leave, an employee who has completed five years of continuous service is entitled to 21 days leave a year and the employee who has not completed five years term is entitled to 14 days leave a year. Official holidays and days of sick leave may not be counted as part of annual leave.

 

A woman employee should be paid equal remuneration as a man for the same work performed. The standard working hours for the women are same as men. A woman is entitled to maternity leave for a maximum 30 days prior to delivery and 40 days after delivery.

 

 

For an employee who gets paid salary every month, termination indemnity is 15 days remuneration for each complete year of service for the first 5 years and 30 days for each complete year beyond 5 years. An employee who resigns without completing five years of service is not entitled to indemnity.

 

If the employment contract is for a fixed period and if either the employer or the employee wants to terminate the contract before the end of the fixed period, then the party terminating the contract must compensate the other.

 

Wherein an employment contract is for an unlimited period, either party may terminate it by notifying the other in writing at least 15 days prior to the termination.

 

An employer has the right to terminate the employee without notice and without payment of any indemnity or any compensation, if the employee commits any wrong or fraud, causing serious loss to the employer or has been convicted of any crime or disobeys the instructions of the employer etc.

 

 

An employee has the right to compensation for work-related injuries for no fault on his part, even without having to prove that the employer was at fault. Compensation varies with the severity of the injury occurred. Where the employee has become 25% or more disabled or has died due to it, he or his family will be entitled to compensation.

 

The employee especially the expatriates, who are not able to get their due in case of any dispute with the employer, may communicate with the Labour Departments at the Ministry of Social Affairs and Labour along with their relevant documents to substantiate a claim..