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