Kuwait Labor Law - Chapter Three

Individual work contract

Section One: Work Contract Structure
Article 27: anyone who has reached 15 years is qualified to sign a work contract if the period is not specified. If the period is specified, it should not exceed one year so he will reach 18 years.

Article 28: the work contract should be written on paper and contain the date of signing and execution of the contract, value of wage, period of the contract if it is specified, and nature of work. It should be issued in three copies, one for each party and the third will be kept at the concerned authority in the ministry. If the work contract is not written on paper, it is considered existent (correct) and the employer in this case can exercise his right through all means of confirmation.
It is not right to reduce the wage of the worker during the validity of the contract, whether it has specific period or not. The employee has no right to assign a worker to carry out any task that is not consistent with nature of the work stated in the contract or suitable to the qualifications and expertise with which the contract was signed.

Article 29: contracts shall be written in Arabic and translations to other languages can be added to it, with Arabic as binding in case of discrepancies. Rules of this article are applicable on the correspondence, publications, bylaws and the circulars that the employer issues to his workers.

Article 30: If the period of the work contract is specified, it should not exceed five years and not less than a year. The contract can be renewed after the specified period ends through an agreement between both parties.

Article 31: if the period of the work contract is specified and both parties continue implementing it after completion of the period without renewal, it is considered renewed for a similar period with the same conditions, unless the two parties agree to renew it under other conditions. In all cases the renewal should not alter the employment privileges mentioned in the previous contract.

Section Two
Obligations and penalties for employees and employers

Article 32: Probation period of the worker shall be specified in the work contract, but it should not exceed 100 working days. Each party can end the contract during the probation period with prior notice. If the employer ends the contract, he should pay wages to the worker at the end of the service in accordance with rules of this law. It is not right to require the worker to be on probation under the same employer more than once. The minister shall issue a decision to organize the rules and regulations at work during the probation period.

Article 33: If the employer signed a contract with another - a subcontractor - to carry out a certain task or part of it outside under one work condition. The one given the contract should treat his workers and those of the original employer equally in terms of granting rights and each of them should agree in this regard.

Article 34: The employer (contractor) must commit to the execution of a government project or use his employees in areas far from the residential sections. He must provide suitable accommodation to the workers, in addition to means of transportation for those residing in far-flung areas free of charge. In case he cannot provide an accommodation, he should give the employees accommodation allowance. The minister will specify the far-flung areas, conditions of suitable accommodation and accommodation allowance.
In other cases when the employer is required to provide accommodation for workers, rules of the decisions stipulated in the previous paragraph on conditions of suitable accommodations and specification of accommodation allowance shall be applicable to him.

Article 35: The employer must hang, in a clear place at the work site, the punishments bylaws that should be enforced on the violating workers. In the punishments bylaw the following should be considered:

- The violations which may occur from the workers and their punishments should be specified .
- Should include a list of punishments for specified violations

-More than one punishment should not enforced for one violation.

- The worker should not be punished for any act he committed after 15 years of the date of the act was detected

-The worker should not be punished for an act he committed outside his work site , except if it has connection with the work

Article 36: The employer should send the punishment bylaws to the Ministry before implementing them. The ministry must amend these in accordance with nature of the establishment or nature of the work as per the rules of this law.
The ministry must present the bylaws to the concerned organization, if any. And if there is no concerned organization, then general union will be resorted to for observations and suggestions on these bylaws.

Article 37: No punishment should be enforced to the worker unless he or she is informed in writing what he or she is accused of. The employer should hear the employee’s explanation and confirm his or her defense. The worker should be also be informed in writing of the punishment, its type, its reasons and amounts applied on the worker and the punishment which he will face in case of doing the same again.

Article 38: Deductions should not apply to wages of the employee for a period of more than 5 days in a month. If the punishment exceeds that the added deduction should be from wage of the next month or the following month.

Article 39: The worker cannot be stopped from working for a period of not more than 10 days during an investigation that the employer is conducting. If the investigation is completed and the employee is not held liable for any violation, then worker must be paid his or her wage for the period of stoppage.

Article 40: The employer should put the deductions from wages of employees in a fund allocated for use in social, economic and cultural fields which benefits the workers. In case the company is liquidated, the existing deductions in fund should be distributed to the workers who were working at the time of the liquidation, one period for each.

Section Three
End of Work Contract and End of Service Benefit

Article 41: In observance of the rules of article (37) of this law:-

- The employer can terminate a worker without notification , compensation or wages if the worker committed any of the following deeds:
1- If the worker committed a mistake that resulted to huge loss for the employer.
2- If it is established that the worker obtained the work as result of cheating or fraud.
3- If the worker reveals secrets of the establishment which caused or would have caused real losses.

- The employer can fire the worker in one of the following cases :
1- If he is accused of a crime that relates to honor, trust or morality.
2- If he committed an act that breaches general morality at the work site.
3- If he committed assault on one of his colleagues or on the employer or his deputy during work or because of it.
4- If he breached any of the obligations imposed on him with the contract and rules of this law.
5- If he is proven to have repeatedly violated instructions of the employer. In this case the decision of firing does not mean depriving the worker from end of service benefit.

- The employee who is fired for one of the situations mentioned in this article has right to challenge the firing decision at the concerned labor division (court) in accordance with the procedures stated in this law. If it is established, according to final verdict that the employer was wrong in firing his worker the latter deserves end of service benefits and a compensation for material and moral damages he or she suffered.
In all cases the employer should inform the ministry of the firing decision and its reasons, and the ministry should take charge of informing Government Restructuring Manpower

Article 42: If the employee stops going to work for 7 consecutive days or 20 separate days within a year without acceptable reasons, the employer has the right to consider him legally retired. In this case rules of article 53 of this law are applicable in terms of worker deserving the end of service benefits.

Article 43: If the worker is arrested or detained due to accusatioins of the employee for uncompleted court verdict, he is considered stopped from work. The employer has no right to end his contract, except if he is convicted with a complete verdict.
If a verdict is issued acquitting him from the accusation the employee must pay his wage for the period he was stopped with fair compensation to be estimated by the court.

Article 44: If the work contract has no specified period both parties have the right to end it after notifying other party and the notification should be as follows;

- Before completing the contract with a 3 month notice at least for the worker on a monthly wage.

- Before completing the contract with a months notice at least for other workers. If the party who ends the contract did not take in to account the period of the notification then he must pay the other party for the notification period equal to wage of the worker

- It the notification for ending the contract is from the employer, the worker has right to absent full one day in the week or 8 hours during the week, so as to search for other work, and he deserves a wage for one day or the hours of absence. The worker should specify day or hours of absence with condition to notify the employer about that at least in the previous day of the absence

- The employer should relieve the employee of work during the period of notification and count as work service until such period is completed.

Article 45: The employer cannot use right of ending the contract in accordance with the previous article when the worker is enjoying one of the leaves stipulated in this law

Article 46: It is prohibited to end service of the worker without any justification or because of syndicate activity or because he is wanted or enjoying his or her legal rights as per rules of law. Also it is prohibited to end service of the worker because of gender, race or religion.

Article 47: If the work contract has a specified period and one of the parties ends it illegally, he must compensate the other party for damages. The amount of the compensation should not exceed the wage of the worker for the remaining period of the contract.

Article 48: The worker can terminate his employment contract without notifying on his end of service payments in any of the following cases:

- If the employer does not enforce the terms of the contract or violates the labor law.

- If the employer or his deputy insults him or the employer encourages such acts.

- If continuous work puts his health and safety at risk as per the decision of the medical judgment committee at the Ministry of Health.

- If employer or his deputy cheats in terms of the contract at the initial signature period.

- If the employer accuses the worker of committing mistakes punishable through criminal penalties and court clears the worker.

- If the employer or his deputy commits unethical or immoral actions against the worker.

Article 49: The employment contract gets terminated if the worker dies or becomes disabled, thereby, preventing him from carrying out his duties or sickness which prevents him from reporting back to work, as per a medical report from the official department.

Article 50: The employment contract ends under the following conditions:

- If an official decision is issued declaring bankruptcy of the employer.

- Permanent closure of the company.

- If the company merges with another or transferred to another owner or any other legal move by the company, the employment contract remains active and the new owner should grant current privileges to the workers.

Article 51: The employee has right to receive end of service pay as follows:

- The worker gets indemnity equal to 10 days salary every year during the first five years, and 15 days the following years. Total payment should not be more than one-year salary for employees who get paid on daily, weekly, hourly or per job basis.

- Indemnity of 15 days for the first five years, and one month salary for the following years. Total payment should not be more than the one-year salary and half for employees paid on monthly basis.
The worker is entitled to benefits for a fraction of the year, according to the service period and it will be deducted from the end of services benefits, including the loans and credits. The Social Security Law is considered in this regard, and the employer should pay the difference between the amount due to the worker from the social security and the indemnity.

Article 52: Referring to Articles 45 of this law the worker deserves end of service benefits mentioned in the earlier articles under the following conditions:

-If the employer ends the contract.

- If a closed contract ends without being renewed.

- If the contract ends according to Articles 48, 49 and 50 of this law.

- If the female worker ends the contract because of marriage a year after the wedding.

Article 53: The worker is entitled to half of the end of service pay mentioned in Article 51 if the worker ends the open employment contract, and his years in service are not less than three years and less than five years. If the period of service reaches five years and less than 10 years, the worker gets two thirds of the benefits and if the service reaches 10 years the worker gets full benefit.

Article 54: The worker who terminates his employment contract has right to get end of service certificate from the employer showing his services, work and last salary he received. The employer has no right to include any derogatory remarks about the employee or any statement that limits his chances in the labor market. The employer should return all the documents like academic certificates the worker submitted during the recruitment period.

Discussions and questions of the above most welcome

Vacancies

Needed urgently for a Confidential Bilingual school in Kuwait for KG , Elementary School and Middle and High School.

1. Principals

2. Counselors

3. Homeroom teachers

4. Mathematic teachers

5. Social Studies Teachers

6. Science Teachers

7. Arabic Teachers

8. Islamic Teachers

9. PE teachers

10. Art Teachers

11. Computer Teachers

12. Teaching Assistants

13. ESL Teachers

Description:

- Relevant degrees is a must

- Certified in the subject area

- Excellent command of English language except for positions no 7 and 8

- 2 years experience

For More information about the package and the job description please send you CV to the below mail, kindly write the position applying for in the subject of the mail.

E-mail: teach.in.kuwait@gmail.com

Kuwait Labor Law - Chapter Two

 

Employment (Using), Apprenticeship and Professional Training

Section One - Employment

Article 7: the minister shall issue decisions to organize conditions of employment (use) in the private sector in accordance with the following:

- Conditions for the transfer of laborers from one employer to another

- Conditions for employers to allow their employees to work for some time with another employer.

- Statements that must be forwarded to the ministry concerning the government employees who are allowed to work for other employers after the official work hours in the public sector.

- Jobs and professions employees should engage in unless they pass professional examinations according to the regulations set by the ministry in coordination with other concerned authorities.

Article 8: every employer should inform the concerned authority about the needs of his employees. He should submit an annual report to the concerned authority on the total number of employees under him, using a prepared format in accordance with the rules and regulations specified in a decision issued by the ministry.

Article 9: the Public Authority for Labor Force with a corporate body and separate budget shall be established under the supervision of the minister of social affairs and labor. It will be in charge of the authorities granted to the minister under this law, as well as the recruitment of expatriate workers as per the manpower demands of employers. A law to regulate it will be issued within a year from the date of working with this law.

Article 10: employers are prohibited from hiring foreign workers unless they obtain a permit from the concerned authority. The minister shall issue a decision on the procedures, documents and fees that employers should complete. In case of rejection, reasons behind the decision must be specified. Amount of capital should be the reason for rejection; otherwise, the decision is null and void.
Employers are not allowed to recruit workers from outside or in the country without providing them jobs. Employers must bear the costs for the workers’ return to their home countries. In case the worker resigns to join another company, the latter should bear the costs for the worker’s return to his home country when the original sponsor files a missing report against the worker.

Article 11: the ministry and other concerned authorities should not engage in any form of discrimination or preferential treatment in dealing with employers, concerning the processing of work permits or transfer applications regardless of the reasons or justification. For regulative purposes, the ministry can stop issuance or transfer of work permits for a period of not more than two weeks in a year, but it should be applicable to all employers. Any behavior contrary to this article is considered null and void.

 

Section Two-  Apprenticeship and Professional Training

Article 12: a professional apprentice is every person aged 15 years who signs a contract with the establishment to learn a profession within a specific period in accordance with the rules and regulations that he agreed upon. Unless a special stipulation in this regard is mentioned in this chapter, the special rules for employing juveniles mentioned in this law are applicable to professional apprenticeship contracts.

Article 13: professional apprenticeship contracts should be written and issued in three copies, one each for both parties and the third shall be referred to the concerned authority at the ministry within a week for attestation. The profession, training period, stages and wage in a progressive form at every stage of learning should be mentioned in the contract. In the last stage, the minimum wage should not be less than the wage set for a similar job. It is not right, under any circumstance, to specify the wage based on production or piecework.

Article 14: the employer can terminate the apprenticeship contract if the apprentice fails to fulfill the stipulated duties or it is established in the periodic report that he is not ready to learn the job. The apprentice has also the right to terminate the contract. Any party that wishes to end the contract must notify the other on or before seven days.

Article 15: professional training includes the theoretical and practical programs to give workers the opportunity to develop their knowledge and skills or under go on-the-job training to enhance their abilities, raise their production capacity, prepare them for certain professions or transfer them to others. Training takes place in institutes, centers or establishments for this purpose.

Article 16: The minister, in cooperation with the concerned academic and professional authorities, shall set up necessary conditions for holding professional training programs and specify the training period, theoretical practical program, examination system, and certificates given in this regard and the statements therein.
This decision requires the establishment of one or more training centers for the workers. Companies should then provide training for the workers in centers, institutes or other establishments if they have no training center or institute.

Article 17: The establishments, subject to the rules of this chapter, are obliged to pay the worker his full wage during the training period either in or outside the establishment.

Article 18: The professional apprentice or trainee worker is obliged, after completing his training, to work with the employer within the same period he underwent apprenticeship or training or a minimum of 5 years. If he violates this agreement, the employer has the right to demand compensation for the training expenses or the remaining period he has to complete the work, which is excluded from the training period and is not more than three months .

Section Three- E mploying Juveniles

Article 19: It is prohibited to employ those below 15 years old.

Article 20: With the permission of the ministry, it is allowed to employ juveniles, aged 15 years and those who have not reached 18 years under the following conditions:
n Their employment should not be in factories or professions that are dangerous or harmful to their health according to the decision of the minister.
n Signing a medical report for them before joining the work and after that on a regular basis, not exceeding six months. The minister shall issue a decision to determine these factories and professions, as well as the procedures and periods for submission of the medical report.

Article 21: The minimum work hours for juveniles is six hours daily, with a condition not to let them work for more than four hours straight, followed by a rest period (break) of not less than an hour. It is prohibited to let them work overtime or during weekly rest days, official holidays or from 7: 00 pm to 6:00am.

Section Four - Employing women

Article 22: It is prohibited to employ women at night - from 10:00 pm to 7:00 am. This excludes hospitals, sanatoriums, other private treatment homes and establishments for which the minister of social affairs and labor will issue a decision. The work site should comply with all the conditions mentioned in this article by ensuring the security of women and providing them with means of transportation to and from the workplace. Work hours during Ramadan are excluded from the rules of this article.

Article 23: It is prohibited to employ women in hazardous jobs or those that are harmful to their health. It is also prohibited to let them engage in jobs that defy the morality code and exploit their womanhood. They should not work in institutions which provide services exclusive for men.
A decision to determine such jobs will be issued by the minister of social affairs and labor after consulting the Consultative Committee for Labor Affairs and the concerned organization

Article 24: A pregnant woman will get a 70-day paid leave, not included in her other leaves, for delivery on the condition that she gives birth within this period.
After completing the maternity leave, the employer can grant a working woman, based on her request, leave of not more than four months without pay to care for the baby.
The employer should not terminate a working woman while she is on such leaves or if she took sick leave due to an illness caused by pregnancy or delivery as per a medical report issued by her attending physician.

Article 25: Working women are entitled to a two-hour break during work hours to nurse their babies in accordance with the conditions stipulated in the ministry’s decision. The employer must establish a nursery for children below four years old if he has more than 50 female workers or not more than 200 men.

Article 26: A working woman deserves a similar wage granted to men if she is engaged in the same job.

Discussions and questions of the above most welcome

Kuwait Labor Law - Chapter One

 

General Rules

Article 1: in the application of the rules of this law the following terms mean:

- Ministry: Ministry of Social Works and Labor

- Minister: minister of Social Affairs and Labor

- Employee: any male or female who performs manual or mental work for an employer (under his management and supervision) against a wage

- Employer: every natural or legal person who uses employees against a wage

- Organization: any unit that gathers employees or employers with similar or related work, professions or jobs, which protects their interests or rights and represents them in matters related to their affairs.

Article 2: rules of this law apply to employees in the private sector.

Article 3: rules of this law apply to marine work contract in case a stipulation in this respect is not mentioned in the marine commercial law or the stipulation in this law is more beneficial to the employee.

Article 4: rules of this law apply to the oil sector in case a stipulation in this respect is not mentioned in the labor law for workers at the oil sector or the stipulation in this law is more beneficial to the employee.

Article 5: rules of this law are not applicable to the following:

- Employees covered by other laws as per the stipulations therein.

- Domestic workers as the concerned minister will issue a decision concerning their affairs in accordance with the rules governing their relations with the employers.

Article 6: rules of this law represent minimum level of employees’ rights without prejudice to better privileges granted to workers covered by individual or group employment contracts or special regulations or bylaws being observed by the employees or according to the rules governing their profession or general customs.

Discussions and questions of the above most welcome

Job Opportunities

Needed urgently for a Confidential Bilingual school in Kuwait for KG , Elementary School and Middle and High School.

1.      Principals

2.      Counselors

3.      Homeroom teachers

4.      Mathematic teachers

5.      Social Studies Teachers

6.      Science Teachers

7.      Arabic Teachers

8.      Islamic Teachers

9.      PE teachers

10.  Art Teachers

11.  Computer Teachers

12.  Teaching Assistants

13.  ESL Teachers

Description:

-          Relevant degrees is a must

-          Certified in the subject area

-          Excellent command of English language except for positions no 7 and 8

-          2 years experience

For More information about the package and the job description please send you CV to the below mail, kindly write the position applying for in the subject of the mail.

E-mail: teach.in.kuwait@gmail.com

Health

Requirements for Children

School age children are required to complete Ministry of Health requirements before attending school. When preparing for a visit to Kuwait‘s School Health Department. Essential items are passports for parent and child, birth certificate, vaccination record, and two passport sized photos. Children will receive a TB test and will be required to obtain a physical examination from a doctor in a designated government clinic. These procedures will require approximately two hours. Three days after the TB test is given, children must return to the school Health Department to obtain the result of the test. Negative readings will result in a BCG injection Positive readings may require chest X-rays When these procedures are completed each child receives a BCG card, which is required for school admission, a physical fitness card which is also required for school admission, can then be signed by a designated clinic doctor allowing class attendance to commence. Both cards remain on file with the school nurse.

Health Care / Medical and Dental Care

Health care services are government subsidized, with the compulsory purchase of the government medical insurance (approximately KD20). At time of writing basic treatment is available at a charge of KD1/= at the area clinic and KD2/= at the hospital per visit for expatriates. A photo card is given with the governmental medical insurance. There are proposals to charge expatriates and some charges have already been introduced. It is anticipated that charge will be linked to a social security scheme, but details are not yet available there are charges for some services for example, Sonar and X-rays. There is a pharmacy in each government clinic that dispenses prescriptions.

Routine medical treatment is generally administered at government clinics, which are equipped to handle emergencies well as examinations. Most clinic doctors are general practitioners who either provide treatment on site or refer patients to a specialist at one of Kuwait’s hospitals. Smaller clinics are closed on Fridays and public holidays. Polyclinics are open daily and offer nearly comprehensive services. The Ministry maintains a clinic in each major residential area and a dozen or more comprehensive and speciality hospitals.

Theoretically, local clinics treat only registered, card carrying residents of the area, which they serve. In actual practice, however government clinics are likely to treat or assist all patients requiring emergency of their place of residence.

Kuwait has more than a dozen government hospitals, both general and specialized. In order to benefit from their services, patients generally must be referred by a licensed doctor except in cases of emergency when procedures for admission and the treatment itself often surpass similar services of U.S. hospitals in terms of efficiency and professional care and competence.

Dental hospital offers free dental services by qualified dentists, but a doctor’s referral is usually required. Patients sometimes wait several weeks for appointments in government dental clinics.

For those who prefer private doctors several modern private hospitals provide comprehensive services for reasonable fees. The International Clinic, Mowasat and Hadi hospitals are both open day and night. On the first visit, patients receive ID cards, describe ailments and wait to see the appropriate specialist. Visit fees, medicine, and lab work generally cost less than the same services in the US but can be quite costly.

When patients cannot be taken to a clinic or a doctor, or if an ambulance is required, someone should call (777) or physically go to the nearest polyclinic to report that there is an emergency requiring immediate attention. Going there will eliminate the difficulty of explaining addresses over the phone in serious emergencies requiring special care or equipment; patients should be taken directly to hospital emergency rooms.

Insurance

Governmental Health insurance coverage is provided for each professional overseas employee. Staff wishing to take out private medical insurance can purchase international insurance from companies to cover their medical requirements in Kuwait and when travelling.

Optical

Optical services are readily available at reasonable prices in Kuwait, but it is recommended that employees and all dependants include eye examination in their preparations before travelling to Kuwait. Those requiring corrective vision should arrange to bring spare glasses or contact lenses, prescriptions, and essential cleaning supplies and solution, etc.

Health Regulations

In order to qualify for residency you must have a medical check, which is mostly geared towards detecting such major diseases as AIDS and TB. Those found to have serious infectious diseases not allowed to stay in the country.

Vaccination certificates against cholera and yellow fever are required from travellers coming from infected areas with the exception of children less than one year old. Vaccination against TB is recommended.

apparel and stores

Stores such as Next, Marks and Spencer, British Homes, JC Penny, Mothercare, Boots, Debenhams are available.

 

The extremes of temperature make it essential to have a range of clothing from ultra lightweight in summer to warm heavy weight in winter warm clothing is important because, although there is every effective air-conditioning in the hot season, very few schools, offices and public buildings are felt to be adequately heated in the winter Although any form of reasonably tidy dress is acceptable at home or at informal gatherings, women who wear skimpy or revealing garments will provoke unwelcome interest. Scruffy clothing may also cause offence.

 

It is normal in Kuwait to dress smartly and to maintain a high standard of personal hygiene. During the summer contact lens wearers may experience frequent drying out of the eyes even if protected by sunglasses, and are advised to invest in prescription sunglasses which automatically lightens and darkens with the intensity of the light. Everyone needs sunglasses to counter the intense glare.