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. 

 

 

Shopping In Kuwait

 

Almost every commodity is available in Kuwait. There are traditional souks (markets) and ultra modern shopping malls, with a new mall, ‘Al-Qout’ in Fahaheel. Many high street outlets from the US, UK and Europe are found in the malls including BHS, Boots, Debenhams, M&S, Sears, Next, Benneton, Body Shop, Starbucks, Carrefour etc

Cooperative Societies in each area provide large western style supermarkets supplying most goods at controlled prices while the Sultan Center group of supermarkets provide up market service at a slightly higher price. There are traditional corner stores in most streets large, modern stores supply clothing electrical goods, hardware, books and stationery, videos, cassettes. CDs computer soft-ware, shoes, cosmetics, sport equipment etc.

The corner shop or ‘bakala’ is a Kuwaiti institution. It will open all hours and sell basic necessities – bread, milk, newspapers, mobile phone top-up cards, cigarettes, drinks and emergency chocolate.

 

Information about Kuwait

 

The “Kuwait Pocket Guide” is published yearly and is an investment for anyone living in, or visiting, Kuwait - costing about 6KD. It gives information, guides, maps and extensive telephone listings essential for expatriates. It can be purchased in most bookshops and the Sultan Center supermarket.

 

Copies of The Kuwait Pocket Guide are in the Principal’s office and also the Library for reference.

 

Some online guides are listed below that you may find useful. There is internet access in the school.

 

www.kuwait-info.com

For an overview of Kuwait’s culture, tourism, entertainment, economy, history, geography weather, exchange rates etc…

 

www.kuwaitiah.net

A complete guide to Kuwait

 

www.kt.com.kw/ppc/ppce/index.html Kuwait pocket PC

A complete guide to Kuwait with a very useful section on Private Sector Labour Law

 

Introduction

 

Since ancient times, Kuwait has served as the gateway to the Middle East because of its geographic location. Kuwait has drawn upon the accumulated wisdom of countries around the world to power its own growth. In a few decades, after the discovery of oil, a nation of fishermen and traders has transformed into one of the richest and most developed nations in the world -- offering state-of-the-art amenities, secure infrastructure and technical excellence -- and is respected around the world.

 

The Kuwaitis' pride in their history, heritage and national progress has given rise to an identity which is uniquely Kuwaiti. An identity which is worthy of emulation by all nations in the world. The centuries have changed; the traditions have not. The country has modernised, but its people's links with their heritage are as strong as ever. Kuwait's wealth -- Black Gold -- may be buried underground, but its spirit is still vibrantly free and alive.