Kuwait labour law pdf

Sharia courts deal with personal and family issues. If the head office is located outside kuwait and does not have a branch in kuwait, the private sector law of the country where the head office is. Check it out here for more info on kuwait s private sector labor law. Kuwait labor law private sector section 1 kuwait labor law. Subject for renewal with approval of both sponsor and employer 100 day probation period which the contract could be terminated by either. And those working in the private sector are governed by labour law of private. Article 32 of the labour law of kuwait maintains that an employee can be hired under probationary status for up to 100 days maximum, and this has to be specified in the employment contract accordingly. Following are the articles of the law in line with its chapters as follows. Promulgating the law of labor in the private sector having perused the constitution. Calculation of leave salary in kuwait kuwait upto date.

Legislation and economic and trade laws of the state of kuwait. And those working in the private sector are governed by labour law of private sector. New kuwait labour contract takes effect 2016 kuwait upto date january 9, 2016 0 comments the public authority for manpower in kuwait has launched a new unified labor contract that regulates sponsorworker relations in the private sector. Where an employers head office is outside kuwait, the labour law of the country where the employer has its head office, governs expatriates working in kuwait, unless the employer has a branch in kuwait which concluded the contract with the employee in which case kuwait law applies. Amended labor law in private sector takes effect kuwait.

Labour cases are exempt from the usual court fees but if the employss loses then the court may order him to pay anominal amount on account of costs. A pregnant woman is privileged to have a maximum of 30 days maternity leave before the date of delivery and 40 days after delivery. The public authority for manpower in kuwait has launched a new unified labour contract that regulates sponsorworker relations in the private sector. The authority is responsible for carrying out the responsibilities assigned to the ministry by this law and for recruiting expatriates upon the request of employers. New kuwait labour contract takes effect 2016 kuwait upto date. Kuwait labour law includes all essential rules and regulations that an employee needs to be aware of before accepting the job contract.

Using the aug 5 date as constructive notice, the 90day period runs through nov 2. In case of refusal, the refusal decision shall be reasonable. As such, the labor law will apply to the xyz employees with respect to their services performed in kuwait. The amended private sector labor law took effect after its publication in the of. A visa is required by all visitors except gcc nationals. Kuwait s ministry of social affairs and labor mosal requires that all applicants for work permits sign off on a shortform employment contract with their kuwaiti sponsor, which is subject to kuwaiti law. Various clarifications on termination, final settlement. For calculating the leave that can be taken by an employee do we consider a week as consisting of 5 working days per week which is the actual thing in our case, or 6 working days as our company says the labour law considers only one day per week as the. Jul 30, 2011 the kuwait labor law clearly states if a companys head office is located in another company, then that company is allowed to follow its home country laws. If the head office is located outside kuwait and does not have a branch in kuwait, the private sector law of the country where the head office is located will govern the immigrants working in kuwait. For anyone who plans to work here in kuwait, especially firsttime ofws, its important that you get to have an idea about kuwait s labour law and its provisions which would apply in your situation and working status.

Al kuwait al youm, al jarida al rasmiyya, 2122010, no. Therefore, many of my readers have requested consultations regarding the top. According to the kuwait labor law an employer has the right to terminate the services of the employee without prior notice and without paying the employees indemnity and compensation, if an employee commits any of the following infractions. United nations development programmeundp 0 0 out of 5 united nations development programmeundp kuwait city, capital governorate, kuwait. Immigrants working in kuwait will be governed by the private sector law of the country where their head office is located. The labor law of kuwait the article clarifies the application of the labour law of kuwait and the explains many of its rules and benefits to the employees. Although this is not the detailed version of the kuwait labor law the information listed there is still imperative to those who would like to work in kuwait. The contract has new set of guidelines that will regulate sponsorworker relations in the private sector. Before you even think of how to adapt to life in another country such as kuwait, you must first be acquainted and generally informed about workrelated matters, especially if that is the primary reason for you being overseas in the first place. This article very clearly says the employer may exempt the employee from work during the period of notification but shall count such a period in the workers period of service. Here is the link to the updated kuwait labor laws manual. Labour department of the same in writing within fifteen days from date of employment. Regulations under the private sector labour law are issued at regular intervals.

Article 2 the following terms and phrases, whenever mentioned in this law, shall have the meanings expressed next to them, unless the context requires otherwise. Giving the expatriates working in kuwait a new hope, the new labor law has been published in the official gazette on feb 21st to make it into effect. Kuwait uses sunni islam as its state religion, while its legislation is based on sharia. The notice shall include the employees name, age, the date on which he assumes his duties, the remuneration fixed for him, the type of work assigned to him and the serial. Find answers to your questions in the kuwait forum. Article 3 the provisions of the present law shall apply to the seafarers contract as for what is not covered in the law of maritime commerce law, or. Or, they have the option to follow the host country laws.

Law decree no 64 of the year 1987 concerning the establishment of a labor department at the court of. The new contract includes 16 clauses including a 100day probation period during which the contract could be terminated by either side without prior notice. Kuwaits legal system is based on sharia law, english law, egyptian practice, and elements from the ottoman system. This guide to law online kuwait contains a selection of kuwaiti legal, juridical, and governmental sources accessible through the internet. Several female cleaning workers have been recruited from overseas to work on hourly basis in violation of kuwaits labor contract regulations. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. The employment conditions of civil servants are regulated and overseen by the labour law for government employees. This is to avoid cases of abuse and maltreatment of employees because no matter your class or stature anywhere in the world, you have rights as an employee that you need to. However, the monthly payment cannot be reduced during the.

All that is given to the worker for his work by virtue of a written or unwritten work contract regardless of the kind of wage or its. The private sector labour law is also not applicable to employees whose head office is located outside kuwait, unless the company has a branch office in kuwait. The provisions of this law shall be enforceable to the marine work contract in all issues which are not especially stipulated in the. New kuwait labor law published in the official kuwait gazette monday, february 22, 2010. Labour law state of qatar we, hamad bin khalifa aithani, the emir of the state of qatar, after perusal of the amended provisional constitution and in particular articles 23, 34 and 51 thereof and, labour law no. A if the office fails to contact the department of domestic labour when summoned, unless the office provides proof of a hindrance thereof. Kuwait labor law information pertaining to kuwait labor. M51, 23 shaban 1426 27 september 2005 disclaimer this english language text is not an official translation and is provided for information purposes only. We are also entitled to 30 days leave as per kuwait labour law, enacted in february 2010.

Major legal changes to the kuwait labor law 62010 were issued today july 9 and theyre to the benefit of employees. Amended labor law in private sector takes effect kuwait upto date july 11, 2017 0 comments the amended private sector labor law took effect after its publication in the official gazette on july 9, says mp hamoud alkhodairi who proposed the amendment which was approved by the national assembly in the last legislative round. Normes unofficial english translation, 2010, translation of certain extracts of the law, 2 p. For inquiries and other stuff, please contact us here. Article 51 of the labour law deals with end of service gratuity and pension contributions. In terms of weekends in kuwait, the labor law explicitly states that employees in the private sector are entitled to 24 hours of rest after six continuous work days. Those working in the oil industry are protected by the labour law of oil sector. The kuwait labour law requires a notice period of 3 months prior to termination of a contract,as per article 44 on an unspecified term contract, for an employee or worker who is remunerated on a monthly basis. Kuwait labor law 6 of 2016 were amended to provide clearer employment benefits to kuwaitis and nonkuwaitis alike. A work day is defined as an eighthour day, and the work week should not exceed 48 hours. Amendmenst to the labour law introduced in 2017 deloitte. Its a lot of reading so i will have to take my time reading it. He explained the revised law number 852017 stipulates granting. New kuwait labor laws pdf since its my only day off i thought i would catch up on some new things before i hit the sack.

There are 3 main legal codes, which govern labour conditions in kuwait. Kuwait labor law for the private sector with the explanatory memorandum to the labor law. Hence, these need to be verified constantly, and the laws mentioned herein should be considered only as a guideline. Nov 17, 20 this maternity leave will be forfeited on dayperday basis until her annual leave are all taken, according to the kuwait labor law. However, the labour law also spells out certain conditions under which an immediate termination of the contract by either the employer on. The private sector kuwait labor law is divided into six sections. You should respect local traditions, laws, and religion at all times and ensure that your actions do not offend any other cultures or religious beliefs, particularly during the holy month of ramadan, if you happen to visit religious areas. It confers no rights and imposes no obligations separate from those conferred or imposed by the original arabic legislation formally adopted. This 2016, the new kuwait labor law will take affect according to public authority for manpower pam. Amendmenst to the labour law introduced in 2017 employer zone. I have simplified the most important points and explained them below.

The old private sector labor law has been replaced by the new law with radical changes in the basic provisions, came into force on 21st february 2010. Private sector kuwait labor law reader friendly version. Introduced the first minimum wage for domestic workers in the arab states region. I believe this to be totally unfair and in violation of the kuwait labor law. Department of domestic labour the domestic worker law. Here are some basic guidelines of general laws followed in the state of kuwait. Obviously its more lucrative for a company to pay based on kuwait overtime 1. We, hamad bin khalifa aithani, the emir of the state of qatar, after perusal of. Indeed what is mentioned in the labour law is compassionate leave which is normally granted to an employee when heshe loses a close relative. Article 51 and 70 of kuwait labor law 6 of 2016 were amended to provide clearer employment benefits to kuwaitis and nonkuwaitis alike.

The amending law states that upon ending his service, an employee is entitled to full end of service indemnity without deducting the. Kuwait labor law was created to regulate the work force in the private sector. Before we answer your question we would like to draw your attention and that of your company to article 44 d of the kuwait labor law enacted on feb 20, 2010. Kuwait government online business legislations and laws. Labour law defines wage as the basic salary received or should be received by the worker against or because of his work. The threemonth notification period by both the employer and the employee is a stipulation under the kuwait labour law and cannot be dispensed with.

Understanding the probation period of employees kuwait ofw. The employer is banned to employ foreign labour force unless they are duly authorized by the competent authority to work for him. The public authority for manpower in kuwait has launched a new unified labor contract that regulates sponsorworker relations in the private sector. Kuwait s major laws were promulgated in the official gazette. This prompted examining of the need to enact a labour law for the private sector that organized relations between workers and employers promote national. Out of this 90day period by kuwait labor law, i will not be paid 33 working days in either a paycheck nor as any part of termination indemnity package they assert. Doing any wrongful act that results to serious damages or loss to the employer. General provisions article 2 arabic shall be the language to be used in all records, contracts, files, data, etc.

I like to be up to date with regards to law although companies on arifjan pick and choose which. Kuwait private sector labor law explained indians in kuwait. Under kuwait labour law there is nothing like emergency leave, but which unfortunately is wrongly bandied about by many employees. The licensee or its employees or its associates within or outside kuwait are not permitted to charge the domestic worker and the like any fees in return for employing the worker with an employer or arranging for the worker to stay employed with the employer, whether such charges are direct or indirect. The minister shall issue a decision on the rules, documents and fees to be charged from the employer. Kuwait labour law and employment contract kwt today. In this post, we will look at some of the basic provisions of the kuwaiti labour laws specifically about working hours, leaves, as well as vacations. In the application of the provisions of this law, the following terms shall mean. The branches of the ministry of labour and social affairs that are in charge of labour affairs in the emirates of the federation. But there is a detailed version of the kuwait labor law as well, the link is provided at the buttom.