LAW OFFICES OF JAMAL AHMED ABDULLAH welcomes all expatriates recruited for work in the State of Kuwait and wishes them a successful work period until they return to their home countries after the end of their work period.    

The State of Kuwait and particularly the Ministry of Social Affairs and Labour and all concerned bodies assure all workers that they are guests of the Ministry and that it is eager to take care of them in accordance with the rules of Islamic Sharia', the Constitution, the applicable laws and international conventions.

Our Law Office prepared these Guidelines for all expatriates recruited for work in the State of Kuwait to provide them with basic information on the State of Kuwait and to clarify the provisions of the Law concerning the Labour in the Private Sector, the regulations & decisions rendered pursuant to it which define the relationship between the worker and the employer in order to create a suitable environment for expatriate workers, to maintain their rights, to establish a proper relationship between the two parties and to make better understanding of the labour market in the State of Kuwait.

Our Law Office hopes these Guidelines will realize its objectives, provide answers to expatriate workers inquiries and make them know about work environment in the State of Kuwait in order to be adapted to it after arrival.

We would be thankful if foreign embassies and consulates in the State of Kuwait could in coordination with the competent authorities in their countries- take these Guidelines as a main guide for expatriate workers to make them aware of their rights and obligations.

We are also making arrangements with the Ministry of Foreign Affairs, Kuwait to send these guidelines to the Kuwaiti Embassies/Consulate in different countries so that the people approaching the respective Embassies know before hand this basic information on Kuwaiti Labour Laws.

Our Law Office wishes all expatriate workers a successful work period.  

The State of Kuwait consists of Seven Governorates:

The State of Kuwait applies free market economy and opens the door for workers from all nationalities without restrictions after they satisfy health, security, occupational, educational and training requirements. Employers have liberty to recruit workers from all over the world in accordance with the provisions of the Labour Law, the regulations & decisions rendered on its implementation and the other relevant laws applicable in the State of Kuwait.

Respecting the laws and compliance with their provisions enhances labour relations stability and acts as a key for progress and development. Upon this concept our Law Office has prepared these Guidelines for workers and for all bodies concerned with labour relations in the State of Kuwait.

We advise workers, particularly, to abide with the following:

1-         To conclude written work contracts with their employers.

2-         To be punctual.

3-         To avoid absence from work without prior permission or valid reason.

4-         To obey the orders and instructions of their immediate supervisors.

5-         To avoid assaulting supervisors/manager in-charge by word or hand.

6-         To refrain from malingering.

7-         To abide with occupational health & safety instructions.

8-         To avoid tampering with equipment & tools of firm or tools of work sites.

9-         To avoid escape from work place except in emergencies.

10-    To return to work in time after the lapse of annual vacation or any other vacation.

11-    After entering the State of Kuwait, a worker has to make sure that his employer has  
        started procedure for rendering work permit & residence permit (Civil ID) within 2
        months from the date of arrival. Any permit or authorization required by any other body
        for practicing work or profession will not be acceptable as a substitute for work permit.

12-    To avoid work for others as it violates the law unless official procedures are satisfied.

13-    To avoid work in a job other than that mentioned in the work permit before satisfying
        the necessary legal procedure.       

14-    To appeal to the competent labour office in your work region if you face any problem or
        grievance from the concerned persons of the firm in which you work and you fail to
        settle it amicably.

15-    To avoid trafficking in persons or in visas as it is an illegal practice and punishable by
        the Law.   

The Law No. 34 of 1964 governs the law concerning labour in the private sector. It has 98 articles with 15 parts.

PART I DEFINITION OF LABOURER: (Articles 1 & 2)

Definition of labourer: A labourer can be any male or female labourer or employee who performs manual or intellectual work for a consideration of remuneration under the control and supervision of the employer. The employer can be an individual or an artificial person who practices a business or profession and employs labourer for a consideration of remuneration.

(Article 1)

Applicability: There are separate labour laws for the public sector, oil sector and the private sectors in Kuwait. The Ministry of Social Affairs & Labour enforces the labour laws in the private 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 are governed by general principles of law. (Article 2)

PART II IMMIGRATION AND WORK PERMITS: (Articles 3 to 7)

Prohibition of Employment without permission: The employer is prohibited to employ non Kuwaiti and non GCC citizens without the permission from the Ministry of Social Affairs & Labour. It is also prohibited on the part of the Employer to procure labourers from out side country and decline to provide them a job and to prove later that they are not required. (Article 3)

Condition for issue of work permits:

The work permit shall be delivered on condition that:

1-     The labourer has legally entered the country.

2-     The labourer is holding a valid passport.

3-     The labourer obtained residence permission.

4-     The labourer is of good conduct.

5-     The permit shall be issued against a charge to be determined by the Ministry of Social Affairs Labour. (Article 4)

Validity of the work permit: The permit shall be valid for two years and may be renewed once during one year; and its duration, in any way, may not exceed the permissible duration of residence of the labourer. (Article 5)

Cancellation of work permits: The Ministry of Social Affairs and Labour shall have the right to cancel the work permit in the following events:

1-     If any of the stated conditions in Article (4) abates from its bearer.

2-     If it finds that his continuation in work in Kuwait causes competition to the national labourers in the work market provided that this shall not influence his rights stated in Article (54).

3-     If he is unemployed for a period of three months at least (Article 6)

Powers of the Ministry: The Ministry of Social Affairs & Labour shall issue the

resolutions organizing the issuance of work permissions and permits. (Article 7)

Part III SERVICES OF THE MINISTRY: (Articles 8 to 11)

Registration of unemployed labourers: Unemployed labourers shall have the right to be registered in the Ministry of Social Affairs & Labour or any of its branches in which area they are residing.  The Ministry shall endeavor to join them in the jobs and works which meet with their age and technical efficiency. (Article 8)

Compulsory registration: An unemployed labourer may not be employed in any of the permanent jobs unless he is registered in the Ministry of Social Affairs & Labour. (Article 9)

Order of Priority: Priority in service shall be as follows:

1-     The Kuwaiti labourer.

2-     The Arab labourer who is holding working card or registered.

3-     The foreign labourer who is holding working card or registered.

      (Article 10)

National Recruitment Offices: The Ministry of Social Affairs and Labor may issue permits for opening businesses for facilitating procurement of expatriate laborers from outside or inside the Country in accordance with the skills and qualifications allowed therein. The owners of these businesses are prohibited to receive any money from these laborers against employing them, nor are they allowed to keep them with them in any direct or indirect manner. The Minister of Social Affairs and Labor may issue a decision to give details of the rules and regulations for the issue of such permits, their validity, fees required for the issue or renew and cases for the permitأ¢â‚¬â„¢s withdrawal or cancellation as well as the organization of these businesses and the books and records required to be kept by them. (Article 11)

PART IV CONTRACT; (Articles 12 to 16)

Contents of Contract: The appointment of the labourer shall be under a written or oral contract, which particularly indicates the date of appointment, value of remuneration and period of the contract - if it is of definite period- and nature of work; and if the contract is oral the labourer or employer may prove his right by all means of confirmation. The appointment of a labourer can be verbal or in writing.  It shall indicate the date of appointment, the remuneration payable and its duration (if fixed) and the nature of work. (Article 12)

Duration of contract: The contract may be of definite or indefinite duration, and if it is of definite duration, it shall be not more than five years, yet it may be renewed when terminated. (Article 13)

Contracts in Arabic: All contracts and correspondence, circulars, bulletins and by-laws issued by the employer to his labourers shall be written in Arabic. A translation thereof in any of the other languages may be added but the Arabic text shall be legally approved in case of occurrence of any dispute. (Article 14)

Equal treatment by another employer: If an employer entrusted to another, the performance of any of his activities or part thereof, the latter shall equally treat his labourers and the labourers of the employer in all rights; and the original employer shall be joined with him within the limits of the amounts due the latter employer with the original employer; and the provisions of this Article shall be applied on condition that:

1-     The activity entrusted therewith is of the original activities practiced by employer.

2-     The activity entrusted therewith is in the area of the original activities practiced by   the employer. (Article 15)

Probation: The test period of the employee shall be determined in the job contract provided that it shall not exceed one hundred days, and the employer shall have the right to dismiss him without notice during this period, yet his indemnity shall be paid in accordance with Article (54). The labourer may not be appointed under test, with one employer, more than once. (Article 16)

PART V EMPLOYMENT OF JUVENILES: (Articles 17 to 22)

Definition of Juvenile: The juvenile, in the provisions of this Law, means any male or female who reached fourteen years of age and not more than eighteen. (Article 17)

Prohibition basing on age: Those who are less than fourteen years of the two sexes may not be employed. (Article 18)

Condition of Employment: Juveniles from 14 to 18 years may be employed on the following conditions:

a-     Obtaining permission from the Ministry of Social Affairs & Labour.

b-     Making medical examination before their employment & periodically after that.

c-      Their employment may not be in the dangerous industries and professions which are harmful to health, in respect of which a resolution is issued by the Ministry of Social Affairs & Labour. (Article 19)

Conditions of Professional Apprenticeship: The Ministry of Social Affairs & Labour may authorize the employment of juveniles in either of the industries and professions provided in paragraph (c) of Article (19), if this is for the purpose of the professional apprenticeship. In these events the following conditions shall be observed:

1-     The juvenile shall not be less than 14 years.

2-     His health capability for work in this industry shall be proved.

3-     The procedures and conditions which may be issued in a resolution concerning the professional apprenticeship shall be applied on him. (Article 20)

Prohibition of Employment at night: Juveniles may not be employed at night, i.e., from sunset until sunrise. (Article 21)

Working hours for Juveniles: The maximum daily working hours for the juveniles shall be six hours, provided that they may not be working more than four continuous hours followed by a break not less than one hour. (Article 22)

PART VI EMPLOYMENT OF FEMALES: (Articles 23 to 27)

Prohibition of employment at night: Females may not be employed at night, excluding the national medical treatment houses and other institutions, in respect of which a resolution shall be issued by the Ministry of Social Affairs & Labour. (Article 23)

Prohibition of employment in dangerous industries and professions: Employment of females in the dangerous industries or professions which are harmful to health, in respect of which a resolution is issued by the Ministry of Social Affairs & Labour, shall be prohibited. (Article 24)

Leave in case of pregnancy: The pregnant shall have the right in a leave, with full pay for thirty days, at the most, before delivery and for forty days after delivery, and the female labourer may cease to work after this period - without pay - for a period of one hundred continuous or interrupted days, because of sickness, proved by a medical certificate, to be resulting from pregnancy and delivery. (Article 25)

Abatement of annual leave: The female labourerأ¢â‚¬â„¢s right in the annual leave shall abate if she benefits from the privileges provided in Article (25). (Article 26)

Equality of remuneration: The female labourer shall be granted the similar remuneration of the man if she performs the same work.  (Article 27)

PART VII REMUNERATION: (Articles 28 to 32)

Definition of remuneration: Remuneration means the basic remuneration - added thereto any periodic increments, bonus, commission, grants or bounties - which is given to the labourer. In calculation of remuneration, the last remuneration acquired by the labourer shall be considered; and if he is of those who obtain their remuneration for part-time, estimation shall be made on the basis of the average remuneration obtained for the actual days of work during the last three months. (Articles 28)

Payment of Remuneration: Remuneration may be estimated per hour, day, week, month or part-time, in the legal negotiable currency, provided that the following shall be observed:

a- Labourers appointed in a monthly salary, shall be paid, at least once per     month

b- Labourers appointed per hour, day, week or part-time, shall be paid, at least           once every two weeks.

c- The employer may not transfer a labourer from the monthly pay to the         category of daily, weekly or part-time wages without his agreement in this regard.  (Article 29)

Purchasing Employerأ¢â‚¬â„¢s products: The labourer may not be forced to purchase foodstuff or commodities from certain stores or from the products of the employer. (Article 30)

Permissible deduction in case of employerأ¢â‚¬â„¢s debts & loans: Deduction of more than 10% of the labourerأ¢â‚¬â„¢s remuneration for payment of debts or loans due the employer, who does not obtain any interest thereof, shall not be permissible. (Article 31)

Permissible deduction in case of other debts and loans: The payable remuneration of the labourer may not be sequestered or any part thereof may not be abandoned, except within the limits of 25% for the debt of alimony or debt of food, clothing and other debts; and the debt of alimony is paid before the debt of food, clothing and the other debts; and the provisions of this Article and Article (31) shall apply on all the amounts due the labourer in accordance with Article (28). (Article 32)

PART VIII WORK HOURS AND LEAVES: (Articles 33 to 39)

Normal working hours: Without prejudice to the provisions of Article 23 herein, the labourer may not be obligated to work more than eight hours daily or forty-eight hours per week except in the events provided herein. The labourers may not be obligated to work more than five continuous hours without an hour break, at least; and break hours shall not be calculated within the work hours. Work hours may be increased in certain cases, e.g. works of hotels, restaurants, guards and hospitals. Work hours may also be decreased in exhausting works or works harmful to health or due to severe climatic conditions and a resolution in this respect shall be issued by the Minister of Social Affairs & Labour. (Articles 33)

Overtime pay: A labourer may work extra hours under a written order by the employer, provided that they shall not exceed two hours daily, if the work is necessary to prevent the occurrence of dangerous accident, to repair what has resulted there from, to avoid inevitable loss or to meet the extraordinary additional works; and in all these cases the labourer shall be granted a remuneration for each extra hour equal to his payable usual remuneration per hour, added thereto, at least 25%, provided that the pay of these hours shall be paid in accordance with the provision of Article (29). (Articles 34)

Weekly offs: A labourer shall be granted a whole day off for the weekly rest without pay, and if the work circumstances require him to work on the day off, he shall be entitled to remuneration for this day equal to his usual payable remuneration, added thereto 50% at least. (Articles 35)

Holidays: The official holidays granted to the labourer, with full pay are:

If the work circumstances require the labourer to work on any of the official holidays he shall be entitled to double pay. (Articles 36)

Sick Leave: The labourer, who is proved sick under a medical certificate by the physician designated by the employer or by the physician of any of the Government clinics, shall have the right in the following sick leaves during the year:

In case of difference about the determination of the period of treatment, the certificate of the physician of the Government clinic shall repeal the certificate of the physician designated by the employer. (Articles 37)

Annual leave: Any labourer who spends one whole continuous year in service of the employer, shall have the right in a leave for (14) days with full pay and it shall be increased to (21) days after five continuous years of service.

(Articles 38)

Availing annual leave: The employer shall have the right to determine the time of the annual leave and also may divide it, at the consent of the labourer after the first half of its determined period. Division shall not apply on the leave determined for the juveniles. (Articles 39)

PART IX: WORK CONDITIONS: (Articles 40 to 46)

Provisions relating to Safety measures by the employer: The employer shall provide suitable protection to protect the labourers during work from injuries resulting from the use of the machinery, movement cogwheel, lifting and transport machines and others. The required precautions shall be adopted to protect labourers from falling down, from falling objects, splinters, sharp objects; burning, explosive, corrosive and poisonous substances, electrical currents and reflecting lights and others. (Articles 40)

Provisions relating to Safety as determined by the Ministry: Means of protection from injuries and the required precautions shall be organized in accordance with what is determined by the Ministry of Social Affairs & Labour.  (Article 41)

Provisions relating to Health measures by the employer: Without prejudice to the resolutions of the Ministry of Public Health and Kuwait Municipality concerning the licenses of the public shops, the commercial and industrial stores and others, the employer shall adopt the required precautions to ensure the complete cleanliness, sufficient ventilation and light and water drainage in accordance with the detailed instructions issued by the Ministry of Social Affairs & Labour. (Article 42)

Provisions relating to Occupations diseases: The employer shall adopt the required precautions to protect his labourers from occupational diseases in the industries and business in respect of which a statement is issued by the Ministry of Social Affairs & Labour. The Ministry of Social Affairs & Labour shall organize the required means of protection in each industry. (Article 43)

Provisions relating to First aid: Each employer shall prepare a first aid box supplied with medicines, bandage and antiseptics, and shall be kept in a clear place in the place of business to be accessible; and there shall be a first aid box for every hundred labourers and a trained male nurse shall be entrusted with using it. (Article 44)

Transportation of labourers: The employer shall provide the proper means of transportation to his labourers who work in places where the usual means of transportation are not available. (Article 45)

Accommodation for labourers: The employer who employs labourers in places far away from urbanization, shall provide them with the convenient accommodation, suitable drinking water and supplies, in accordance with the agreed upon between the two parties; and the places on which the provisions of this Article are applicable, shall be designated by the Ministry of Social Affairs & Labour.  (Article 46)

PART X WORK SYSTEM AND PENALITIES: (Articles 47 to 51)

Records of labourers: The employer shall keep a permanent record for his labourers including at least - name, profession, nationality, place of residence and the marital status of the labourer, date of beginning of his service, his remuneration, penalties imposed on him, annual and sick leaves he obtained, date of termination of his service and reasons thereof. (Article 47)

Attendance registers: The employer shall regulate an attendance card for each labourer, a copy of which shall be delivered to the labourer and the other to be kept with him.  (Article 48)

Place and Location of Business: The employer shall stick in a clear place in the location of business, the working hours by-law provided that it shall include, in particular, the daily working hours, the weekend and the official holidays. (Article 49)

Display of أ¢â‚¬إ“penalty by-lawأ¢â‚¬آ‌: The employer who employs ten labourers or more shall stick in a clear place in the location of business, the penalty by-law which may be applied on his defaulting labourers, in accordance with the rules stated in Article (51) and what is determined by the Ministry of Social Affairs & Labour.  (Article 50)

Application of penalties: The following rules shall be observed in the preparation and application of penalty by-laws:

1-            To determine the violations and degrees thereof; committed by the labourers.

2-            To include a progressive list of penalties.

3-            To impose only one penalty for the one violation.

4-            Not to impose penalty on the labourer for an act he committed outside the place of business unless it is relevant to the work.

5-            Deduction may not be in excess of five days monthly.

6-            Cessation may not exceed ten days monthly.

7-            Not to penalize the labourer for an act committed by him, after the lapse of fifteen days from the date of being proved, or after the lapse of the usual time for payment of remuneration. (Article 51)

PART XI TERMINATION OF CONTRACT AND SERVICE TERMINATION

INDEMNITY: (Articles 52 to 60)

Renewal of fixed contracts: If the job contract has a definite period and the two parties continue its implementation after the expiration of its term, it shall be considered renewed for an indefinite period and under the same conditions stated therein. (Article 52)

In case of indefinite contracts: If the contract duration is indefinite, either of the two parties may dissolve it after giving a notice, in writing, to the other party as follows:

a-   At least fifteen days before dissolution of the contract in respect of labourers employed with a monthly salary.

b-   At least, seven days before dissolution of the contract in respect of other   labourers.

 

And the dissolving party may pay to the second party in consideration for notice an amount equivalent to the labourerأ¢â‚¬â„¢s remuneration for the period of notice in paragraph (a) and (b) of this article.

If the contract duration is definite and either of parties dissolves it and the conditions thereof do not include treatment for that, the dissolving party shall indemnify the other party for the detriment incurred thereto.

If this dissolution is on the part of the employer and for reasons other than that provided in article (55), he shall be obligated to indemnify the labourer for the detriment incurred thereto, taking into consideration the current custom, nature of work, the contract duration and in general, all the events which accompanied the occurrence of detriment and its extent, provided that the amount of indemnification shall not exceed, in any way, the remaining remuneration for the remaining period of the contract.

But if dissolution is on the part of the labourer and for reasons other than that stated in article (57), the labourer shall be obligated to indemnify the employer for the loss incurred thereto due to the dissolution of the contract. (Article 53)

Service termination indemnity: The labourer shall be entitled to the service termination indemnity as follows:

a.   The pay often days for each of the first five years of service and of fifteen days for any following years, such that the total indemnity shall not be in             excess of the pay of one year, for the labourers who charge their pay per    day per week, part-time or per hour.

b.   The pay of fifteen days for each of the first five years of service, and the    pay of one month for each following year such that the total indemnity   shall not be in excess of the pay of one and a half year for the labourers    who charge their pay monthly.

The labourer shall be entitled to indemnity for the fractions of the year in proportion to what he spends in service from this year, and no indemnity shall be considered to the labourer, for the years of service preceding the application of the law and its publication in the Official Gazette on 15th March 1959.

The application of this Law shall not infringe any rights or privileges determined to the labourer in the contracts applicable with any institution, organization or employer. (Article 54)

Dismissal without notice and indemnity: The employer may dismiss the labourer without notice and without indemnity in the following events:

a-     If he commits a fault which results in major loss to the employer.

b-     If his default to the employerأ¢â‚¬â„¢s instructions is repeated, except in cases affecting the safety of the labourers and security of the work, which do not always require repetition, and the provision of the approved penalty by law, shall be observed in all that

c-      In case of his absence for more than seven successive days without a lawful reason.

d-     If he is adjudged guilty in an offence involving moral turpitude.

e-     If he commits an immoral act in the place of business.

f-       If he makes an assault against any of his fellows, the employer or his deputy during or because of working, taking into consideration the provision of the approved penalties by-law.

g-     If he defaults in any of the obligations imposed on him under the provisions of the contract and the provision of this Law.

h-     If it is proved that he deceived to obtain the job.

i-        If he disclosed the secrets concerning the place where he is working.

j-        Disobeys the employer's instructions concerning safety at work

      (Article 55)

In other cases where labourer is not entitled to indemnity: The labourer shall not be entitled to the service termination indemnity, if he voluntarily leaves the work, but he shall be entitled to half of the indemnity provided in Article (54) if the period of his service exceeded five successive years. Yet the female labourer shall have the right, in all cases when she gets married, to claim her total indemnity for the period of her service, if she leaves work within six months from the date of her marriage. (Article 56)

Entitlement of indemnity without paying compensation: The labourer may leave the work before the contract termination or without notice and shall be entitled to the indemnity and not pay compensation in the following cases:

a-     If the employer does not comply with the provision of the contract and the     provisions of this Law.

b-     If an assault is made against him by the employer or his deputy.

c-      If his continuation in work threatens his safety or health. (Article 57)

Termination basing on death, inability, sickness of labourer and entitlement of indemnity: The job contract shall terminate by the death of the labourer, his inability to perform his duty or his sickness by a disease which consumed his sick leaves without prejudice to the provision of Articles (37) and (64); and in these cases the labourer or his legitimate heirs shall obtain his indemnity provided in Article (54); and the employer may not use the right of rescission authorized thereto under Article (53) during sickness or injury. (Article 58)

In all these above cases the indemnity of the labourer shall be paid.

Termination in case of liquidation, closing bankruptcy etc of employer: The job contract shall terminate in case of liquidation, closing or bankruptcy of the establishment, merging thereof with another or transfer thereof by inheritance, legacy, endowment, sale, release or any of the other legal dispositions; and the indemnity (indemnity) of working shall become a payable debt on the successor. Yet, employees may remain in the service of the successor provided that their indemnity (indemnity) for the preceding period shall be kept for them. (Article 59)

Delivery of certificates: The labourer shall be delivered a certificate of service termination, including a statement of his occupation, period of his service and the last pay he charged. He shall retrieve any papers, certificates or tools which have been deposited by him with the employer. (Article 60)

PART XII INDENIFICATION OF WORK INJURIES AND OCCUPATIONAL

DISEASES: (Articles 61 to 68)

Notification of accidents by the employer: If the labourer is injured in an accident because of and during working, the employer shall immediately notify the accident to:

a-     The Police Station in which area of jurisdiction the place of business is located.

b-     The Ministry of Social Affairs & Labour or either of its branches in which area of jurisdiction the place of business is located.

Notification of accidents by the labourer: The labourer may make this notification if his condition permits him. (Articles 61)

Details in notification: The notification shall include the name, profession, address and nationality of the labourer with a brief description of the accident and the procedures adopted to succor or treat him. (Articles 62)

Right to treatment: The injured labourer shall have the right to treatment in any of the Government hospitals or the private clinics as the employer deems required; and the physician, in charge of his treatment, shall determine in his medical report the period of treatment, the infirmity resulting from the injury and his ability to continue in practicing his work. In case of difference in this regard, the matter shall be referred to the Ministry of Public Health for arbitration and its opinion shall be final. The employer shall be obligated to bear all the expenses of treatment including medicine and transportation. (Articles 63)

Remuneration during treatment period: The injured labourer shall charge his whole pay during his treatment period as determined by the physician, and if the treatment period exceeded six months, he shall acquire half pay only until he is cured, his infirmity is proved or his death. (Articles 64)

Right to indemnification: If the labourer is injured in an accident because of and during work, he - or his entitled successors - shall have the right in indemnification for injury pursuant to the table issued in the resolution of the Minister of Social Affairs & Labour in application to this Article, provided that he shall not be entitled to indemnification if it is proved from the investigation that:

            a-The labourer has deliberately intended to injure himself

            b-The injury occurred due to major and intended delinquency by the          labourer.

 

This shall apply if the injury has not caused the death of the labourer or a permanent inability in excess of 25% of the whole inability. (Articles 65)

Occupational diseases: The Ministry of Social Affairs & Labour shall prepare a statement of the occupational diseases, the industries and works causing same; and new occupational diseases may be added to the statement. (Article 66)

Applicability of other provisions: If the labourer is injured by any of the diseases included in the statement or the symptoms of any of them appeared on him, the provisions of Articles (61, 62, 63, 64 and 65) of this Law shall apply on him.

(Article 67)

Determination of Liability: The liability of the employers relating to the last employer with whom the injured labourer is employed, shall be determined on the light of the medical report of the physician, in charge of treatment, and each of them shall be obligated to indemnification in proportion to the period spent by the labourer in his service.  

The application of the provisions of this Article necessitates that the industries and professions practiced by them are of the kind which causes the sickness of the labourer. (Article 68)

PART XIII ORGANIZATION OF LABOURERS & EMPLOYERS: (Articles 69

to 87)

This Part covering the trade unions are applicable to the labourers in public and petroleum sectors with out prejudice to their rights under their respective laws.

Formation of unions for labourers and employers: The right of formation of unions for the employers and the right of syndicate organizations for the labourer are guaranteed in accordance with the provisions of this Law. The syndicate or the union formed in accordance with the provisions of this Part, shall have the artificial personality.

The regulations of this part shall govern the labourers in both the government and the petroleum sectors in a method that shall not contradict the laws which organizes their affairs. (Article 69)

Formation of trade unions: Labourers who are involved in one institution, profession or industry, or in similar related professions, industries or crafts, may form together trade unions to care for their interests, to defend their rights, to improve their financial and social conditions and to represent them in all matters pertaining to the labourersأ¢â‚¬â„¢ affairs. (Article 70)

Requirements to form a trade union: A trade union may not be formed if the number of labourers which it represents is less than one hundred, and no more than one trade union may be formed for the labourers of the one institution or profession. (Article 71)

Requirements to join trade union: A labourers may not join a trade union except when he reaches the age of eighteen and is of good conduct under an approved certificate from the competent authority.

Non-Kuwaiti labourers having these two conditions in addition to holding a working card, may join the trade union without having the right of election, yet they have the right to appoint one of them to represent them and show their point of view in the board of directors of the trade union. The non- Kuwaiti labourer is prohibited to join the trade union unless he spends in Kuwait five successive years from the date of issuance of this Law.

A labourer may not join more than one trade union. (Article 72)

Form of trade union: Trade unions shall be prescribed from:

1-     Involving in the political religious or doctrinal matters.

2-     Employment of their money in financial or real estate speculations or any other type of speculations.

3-     Acceptance of endowments and legacies except after the approval of the Ministry of Social Affairs & Labour. (Article 73)

Formation: The following shall be applied in the formation of trade unions:

1-     A meeting shall be held among a number of the Kuwaiti labourers, who enjoy the syndicate conditions and their number is not less than fifteen members, as a general constituent assembly.

2-     This assembly shall set the articles of association of the trade union which shall include:

أ‚آ·         Name and location of the trade union and its legal representative.

أ‚آ·         The purposes for which it is established.

أ‚آ·         Conditions of admission, withdrawal and dismissal of members.

أ‚آ·         Value of the subscriptions which may be collected from the members.

أ‚آ·         Conditions under which each member shall benefit from the benefits and privileges realized by the trade union.

أ‚آ·         Sources of property of the trade union and method of utilization and disposition thereof

أ‚آ·         Jurisdiction of the general assembly and rules relevant to the progress of its activities and making its decisions (provided that the Ministry of Social Affairs & Labour shall be informed, at least one week before each meeting).

أ‚آ·         Formation of the board of directors, conditions of its membership, its duration, jurisdictions and the rules concerning the progress of its activities; and the selection of the board of the office and its jurisdictions.

أ‚آ·         Rules pertaining to accounts keeping and approval of the balance sheet and the closing account

أ‚آ·         The procedures required to be adopted for the amendment of the articles of association of the trade union or the liquidation thereof

 

3-     The general constituent assembly shall elect a board of directors in accordance with the provisions stated in its articles of association such that their number shall not be less than seven or more than twenty-one.

 

4-     The trade unions board of directors elected by the general constituent assembly within (15) days from the date of its election, shall deposit the following papers of incorporation in the Ministry of Social Affairs & Labour, to proclaim the trade union in the Official Gazette:

 

a- Two copies of the articles of association of the trade union, signed by the   members of the board of directors.
b- Two copies of the minutes of session of the general assembly in which      the board of directors has been elected.
c-   A list of names of the members of the board of directors and capacity         age, nationality, profession and place of residence of each of them.
d-   A list of names of the members of the trade union stating the name,           surname, age, nationality, profession and place of business of each of   them which shall be signed by each of them.
e-   Name of the bank where the money of the trade union is deposited.
f-    A certificate from the Ministry of the Interiors to ensure nullity of objection             on the part of the Ministry against any of the incorporators.

The trade union shall be considered legally existing and has the right to proceed its activities upon depositing the papers complete, in accordance with the provisions of this Law, in the Ministry of Social Affairs & Labour. (Article 74)

Notification of Objections to the Ministry: The Ministry of Social Affairs & Labour may notify its objection against the procedures of formation of the trade union violating the provisions of this Law within fifteen days from the date of depositing the papers provided in item four of Article (74).

If the trade union, within the fifteen days following the objection has not corrected the objected procedures, the formation of the trade union shall be considered invalid from its beginning. (Article 75)

Booking keeping and Accounts: The trade unions must keep the following records and books:

1-     Record of membersأ¢â‚¬â„¢ enrollment, including the name, nationality, industry, location of business, date of birth and date of admission in the trade union and date of dismissal, if any and signature of members.

2-     Record of minutes of sessions of the board of directors.

3-     Record of minutes of sessions of the general assembly.

4-     Accounts books.

 

The inspector of the Ministry of Social Affairs & Labour shall have the right to peruse these records and books at any time in the trade union location.

(Article 76)

Liquidation of trade union: The trade union may be liquidated in either of the two following forms:

A- Voluntary Liquidation: In which its property shall be liquidated under a decision by the general assembly in accordance with its articles of association and the Ministry of Social Affairs & Labour shall be notified within one week from the date of the decision of liquidation.

B- Compulsory Liquidation: By means of bringing an action by the Ministry of Social Affairs & Labour before the Court of First Instance to issue a judgment liquidating the trade union, if it makes an act which is considered violating to the provisions of this Law and laws pertaining to keeping public order and ethics; and the Courts judgment may be appealed, within (30) days from the date of its pronouncement, before the Court of Appeal which judgment shall be final.

After liquidation of the trade union, its property shall be delivered, in all cases, to the Ministry of Social Affairs & Labour. (Article 77)

Penal provisions for employer: Any employer or his substitute, who dismisses any labourer or penalizes him by any penalty to force him to join or not to join the trade union or to withdraw therefrom due to his performance of an activity of the trade union activities or implementation of its legitimate decisions, shall be penalized by the penalties provided in Article (97) of the Kuwaiti Labour Law. (Article 78)

Formation of labour unions: The trade unions formed in accordance with this Law, may form together labour unions to sponsor their common interests, provided that the labour unions shall only include trade unions of one profession, one industry or industries which join in the production of one or similar goods. (Article 79)

Formation of Public labour union: Trade unions and labour unions formed in accordance with this Law may form together one public labor union, and only one public labour union shall be permissible in the State. (Article 80)

Applicability of formation and liquidation provisions to labour unions and public labour unions: The provisions stated herein in respect of the formation and liquidation of trade unions, shall be applicable on the formation and liquidation of labour unions and the public labour union, and shall have the same rights and obligations as the trade unions.  (Article 81)

Trade unions to follow its Articles of Association: Labour unions and the public labour union shall proceed their activities in accordance with their articles of association which must state, in particular, the rules applicable in representation of trade unions or labour unions which are joined in the general assembly and the board of directors, and shall also state the value of the annual subscriptions payable by the trade unions and labour unions. (Article 82)

Notification of change of location to the Ministry: The board of directors of the trade union or the labour union must inform the Ministry of Social Affairs & Labour upon the change of the location within one week from the occurrence of this change. (Article 83)

Membership of other Arabic or International labour unions: Labour unions and the public labour union shall have the right to join any Arabic or international labour unions when they find that their interests are related together, provided that the Ministry of Social Affairs & Labour shall be informed thereof within a time of one week, at the most, from the date of being informed of acceptance of their admission.  (Article 84)

Employersأ¢â‚¬â„¢ right to form unions: Employers shall have the right to form unions which purpose is to organize their interests and defend them. (Article 85)

Minimum members to from Employers union: No unions for the employers may be formed if the number of the incorporating members thereof is less than ten members. (Article 86)

Applicability of provisions under Part 13 to trade unions of employers: The provisions of Articles concerning the organization of the trade unions and labour unions, shall apply on the procedures concerning the formation of unions of the employers, the progress of work therein, the control thereof and their admission to Arabic or international labour unions. (Article 87)

PART XIV CONCILAITION AND ARBITRATION IN THE COLLECTIVE

LABOUR DISPUTES: (Articles 88 to 93)

Methods of settlement of disputes: If a dispute arises between the employer and all - or a group- of his labourers in respect of the conditions of work, they shall comply with the following procedures to settle the dispute:

First- Direct negotiation between the employer - or his representative-and labourers - or their representative - and in case of reaching an amicable agreement between the two parties it shall be registered in the Ministry of Social Affairs & Labour, within seven days from being signed, in accordance with the procedures designated by the Ministry.

Second- If the two parties fail to settle the dispute by negotiation, either or both parties, or their representatives, may apply to the Ministry of Social Affairs & Labour to endeavour to settle the dispute.

Third- If the Ministry of Social Affairs & Labour fails to settle the dispute within (15) days from the date of the application, the dispute shall be referred at the end of the period to an arbitration committee in labour disputes which shall be formed as follows:

1-      Either of circuits of the High Court of Appeal designated by the general assembly of this Court annually.

2-      Director of Prosecution appointed by the Public Prosecutor.

3-      A representative of the Ministry of Social Affairs & Labour appointed by the Minister of this Ministry, and the employer or his deputy and representatives of labourers may attend this committee, provided that the representatives of the two parties shall not exceed three.

Finality of decision: The decisions of the committee shall be final and obligatory to the two parties. (Article 88)

Role of the Ministry: The Ministry of Social Affairs & Labour shall issue the resolutions, by-laws and instructions regulating the procedures provided in the preceding Article. (Article 89)

Formation of joint committees: Employers and labourers may form together أ¢â‚¬إ“joint committeesأ¢â‚¬آ‌ to co-operate in the settlement of disputes, to raise the social standard of labourers, to organize the labourer services, to determine wages and to promote the production and other matters which concern the two parties. These committees may be formed in one institution or on the industryأ¢â‚¬â„¢s level. (Article 90)

Functions of joint committees: Each joint committee shall have a constituent by-law indicating its objectives, method of its formation and the procedures to be applied in holding its meetings and making its decisions. These committees shall be registered in the Ministry of Social Affairs & Labour in accordance with the resolutions issued by the Ministry in this respect. (Article 91)

Formation of Advisory Supreme Committee: An advisory supreme committee for Labour Affairs shall be formed including representatives from the Ministry of Social Affairs & Labour, the other concerned Ministries, employers and labourers, which shall provide opinion in labour legislation or the amendment thereof, and the committeeأ¢â‚¬â„¢s opinion, shall be advisory. (Article 92)

Role of the Ministry: The Ministry of Social Affairs & Labour shall issue the resolutions and by-laws regulating the formation of the advisory supreme committee and the procedures of its activity. (Article 93)

PART XV GENERAL PROVISIONS: (Articles 94 to 98)

Interpretation of job contracts: Any condition, in the individual job contract or the collective job contracts, contradictory to the provisions of this Law shall be invalid, even if it is preceding to its implementation unless the conditions is more beneficial to the labourer. (Article 94)

Right of Inspection: The competent personnel of Ministry of Social Affairs & Labour shall have the right of the industrial inspection and surveillance of the implementation of the Law and the implementing resolutions and by-laws thereto. For this purpose, they shall have the right of perusal of records and books provided herein and requesting the required data from the employers or their representatives. (Article 95)

Individual Disputes:

1-      Actions brought by labourers, in accordance with the provisions of this Law   which are considered as summary matters, shall be exempted from the      charges; and may not be heard after one year from the date of termination     of the contract; and the Court, in case of rejection of the action, may obligate    the claimant with all or part of the expenses.

2-      The action shall be preceded by an application presented by the labourer to   the Ministry of Social Affairs & Labour, which shall summon the two parties         of the dispute and adopt the necessary procedures to settle the dispute             amicably. If the dispute is not settled amicably the Ministry of Social Affairs         & Labour, within two weeks from the application by the labourer, shall refer          the dispute to the Court of First Instance, and the reference shall be   accompanied with a memorandum including a brief of the dispute,             evidences of the two parties and the comments of the Ministry. The Clerks Department of the Court. within three days from the date of delivery of the    application to the Court shall determine a session for consideration of the      action; and each of the labourer and the employer shall be informed thereof           and the Court may summon the writer of the memorandum, submitted by the     Ministry of Social Affairs & Labour, to inquire him about the contents of this      memorandum. (Article 96).

Penalties: Without prejudice to any aggravated penalty provided by any other law, violators to the provisions of this Law and the resolutions implementation thereto, shall be penalized as follows:

a.      A notice shall be given to the violator to avoid the violation, within               a maximum period of three months to be determined by the Ministry of         Social Affairs and Labor.

b.      If the violation is not avoided within the determined period, the                    violator will be penalized by a fine of not less than 100 Kuwaiti Dinars          and at the maximum of two hundred Kuwaiti Dinars for each laborer    against whom the violation is committed. The penalty shall be              aggravated in case of recurrence of the same violation over a three            years period as from the date of issuing a final sentence thereon.

Exceptions to the provision of article (97) thereof, violators to the provision of paragraph (b) of the third article thereof shall be penalized by imprisonment for a maximum period of three years and with a fine of the maximum of five thousand Kuwaiti Dinars or with either of these two penalties. (Article 97)

Repealing provisions: Law of Labour in the Private Sector for the year 1959, the Amiri Decree No. 43/1960 and Law No.1/196 1, issued in respect of the amendment of some of its provisions, and also the resolutions issued pursuant thereto shall be repealed by this Law. Ministers - each within his jurisdiction - shall implement this Law, and it shall be put into effect as from the date of its issuance in the Official Gazette. The Minister of Social Affairs & Labour shall issue the resolutions concerning the implementation thereof. (Article 98)

MISCELLANEOUS MATTERS:

Kuwait Trade Union Federation: The Federation has a special interest in preventing the abuse of expatriate labourers. It provides legal advice to laborers free of charge and also helps them to take action against their employers.

Human Rights Committee (HRC): Complaints on any matter, whether related to employment or other issues, can be sent to the HRC by letter or by fax, or can be discussed on telephone or by visiting their office at National assembly building in person. Persons who are refused entry to the National Assembly building should call the Committee directly. The HRC are particularly interested in expatriates who are having difficulty in obtaining their passports from their employers, and these persons are asked to send a signed letter in Arabic stating the facts of their case, their civil ID and passport numbers, country of origin, and the name of the their employer by fax to the Committee who will treat the matter in confidence.

List of Labour offices in the State of Kuwait as per Governorates