KUWAIT LABOUR LAW - 6 / 2010, effective from 21-2-10, at a glance

Art Topic Details

Index
Topic
1 2 3 4 5 5 6 7 8 Work Contract Termination / Dismissal by Employer Termination by Employee End of service benefits Working hours, Overtime Weekend, Public Holidays Leaves Penalties, Deductions, Suspension Work injuries & related Other matters

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NOTE : highlights of the new Law is marked in BOLD & RED

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KUWAIT LABOUR LAW - 6 / 2010, effective from 21-2-10, at a glance

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Application of the Law

- to all workers in the Private Sector - the Law represent the minimum level of workers rights

WORK CONTRACT to be in writing one copy to each Party, 3rd copy to Ministry remuneration not to be reduced during Contract period - not to assign tasks not consistent with nature of work mentioned in Contract - term of the Contract to be specified - not to exceed 5 years or less than 1 year - both parties can continue the Contract on the same terms after the expiry of the specified period, unless both parties agree to modify the terms, without adversely affecting the workers entitlements - not to exceed 100 days - either party may terminate the Contract without notice - if employer terminates, the worker to get end of service benefit for the period he worked - probation not more than once - the employer to provide transport & accommodation

28

Work Contract

30 31

Period of Contract Continuance of Contract after expiry Probation period

32

34

Govt. Projects

TERMINATION / DISMISSAL - by Employer Employer may terminate for mistake committed causing large loss to employer obtained employment through cheating or fraud divulged secrets without notice, compensation or benefits guilty of crime act against public morals assault on colleague breached or failed to abide by the obligations repeatedly violated instructions to be paid end of services Employer to inform Ministry about the dismissal and the reasons Termination for Absence 7 days consecutively or 20 days during the year without any acceptable reasons, to be treated as resigned to pay end of service as per Art. 53

41 b

Employer may dismiss

42

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KUWAIT LABOUR LAW - 6 / 2010, effective from 21-2-10, at a glance

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Imprisonment based on complaint by employer a b c Notice Period Termination by employer

suspended from work no termination unless convicted - if acquitted full remuneration for the period of suspension + fair compensation decided by the court 3 months on either side payment in lieu of notice One full day in the week or 8 hours during the week to search for other work If terminated by the employer, the employer may exempt the notice period of the employee, but : - to count till the end of the notice period as service period of employee - to pay all entitlements and remuneration No termination while the employee is on any type of leave no termination without justification

44

Exemption of d notice period by employer 45 46 47 Illegal termination of contract No termination while on leave

- to compensate the other party amount of compensation not to exceed the remuneration for the remaining part of the contract bankruptcy of the employer permanent closure of the establishment

50

Contract deemed Terminated

In the event of sale / merger / inheritance / legal action : Contract of employees shall remain valid shall be transferred to the new employer. - employer to pay workers remuneration during the closure period

61

Deliberate closure by employer

TERMINATION by Employee without Notice & entitled to end of service benefits employer does not abide by terms of the contract or Law assault by employer if work will endanger health & safety cheating / fraud by employer e. employer accused the employee & the final verdict acquitted employee f. employer violates public morals against the worker - Death, incapability to work, sickness

48

Termination by EMPLOYEE

49

Termination due to Death, Sickness

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KUWAIT LABOUR LAW - 6 / 2010, effective from 21-2-10, at a glance

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52

For monthly rated employees : - 15 days for first 5 years - One month thereafter if employer terminates the contract Full end of service expiry of contract benefits termination according to Art 48,49, 50 female worker terminates as a result of her marriage End of service benefits End of Service benefits on resignation after completion of 3 years - indemnity after completion of 5 years - 2/3 indemnity after completion of 10 years - Full indemnity worker who terminated the contract entitled to end of service Certificate - employer not to mention anything in the Certificate that would damage the employment prospects of the worker - employer to return all documents, certificates, tools given by the employee - basic + bonuses + benefits + allowances + cash benefits - employer to pay workers entitlements to local financial establishments - based on the last remuneration received by the worker - workers remuneration not to be reduced for any reason during the period of service

53

54

End of service Certificate

55 57 62

Remuneration Payments to employees Calculation of entitlements

WORKING HOURS, OVERTIME, WEEKEND, PUBLIC HOLIDAYS 64 65 66 67 68 Overtime on week days Weekend Public holidays Working hours - 48 hours per week / 8 hours per day - 36 hours during Ramadan - Not to work more than 5 consecutive hours without a break - Not to exceed 2 hours per day. Max 180 hours an year, 3 days in a week or 90 days a year - 25% over original remuneration (125% pay) - 1 paid weekend after every 6 working days 13 days per year - Overtime @ double remuneration + one additional day off

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KUWAIT LABOUR LAW - 6 / 2010, effective from 21-2-10, at a glance

Art Topic Details

LEAVES 24 25 Maternity Leave - 70 days ML not included in other leaves provided she gives birth during the period - Unpaid leave not exceeding 4 months based on medical certificate - No termination during absence due to sickness related to pregnancy - two hours break to feed baby based on medical certificate : 15 days with full pay 10 days with pay 10 days with pay 10 days with pay 30 days with no pay - 30 days per year - can apply for leave after completion of 9 months service - Official Holidays and Sick Leaves not to be counted as Annual Leave To be paid before the leave starts Accumulation of leave Leave balance Working during leave period with another employer Haj Leave Condolence Leave Unpaid leave employer has the right to determine the date of annual leave accumulation not to exceed 2 years entitlements - can accumulate more than 2 years entitlements with mutual consent On expiry of the contract, cash to be paid for accumulated leave Employer has the right to recover remuneration paid to worker for leave in the event if the worker worked with another employer during that leave 21 days - after 2 continuous years working for the same employer - not performed Haj before 3 days leave in case of death of 1st & 2nd degree relatives May grant unpaid leave

69

Sick Leave

70 71 72 73

Annual Leave

74

76 77 79

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KUWAIT LABOUR LAW - 6 / 2010, effective from 21-2-10, at a glance

Art Topic Details

PENALTIES, DEDUCTION, SUSPENSION & RELATED - to display the Table of Penalties only one penalty for a violation e. not to be punished for any act 15 days after the date of committing the act f. no punishment for acts committed outside work site, unless it is related to work - to obtain approval of MOSAL for penalties list - no penalty to be imposed on worker unless he is informed in writing deduction not to exceed 5 days in a month - if the deduction for punishment exceeds, it may be deducted in the following months not to exceed 10 days pending investigation to be paid remuneration for the period if found not liable employer to keep all deductions from remunerations in a fund for welfare of workers - no more then 10% - as loans or debts due to the employer - not more than 25 % - as alimony, etc

35 Penalties 36 37 38 39 40 59 Deduction Deduction Suspension

WORK INJURIES & RELATED Inform : nearest Police station nearest Labour Dept public Institution for Social Security / Insurance Co The employer to bear all costs During treatment : first 6 months full remuneration after 6 months till recovery / death half remuneration Worker or his beneficiaries to claim compensation

90 91 93 94

Work Injuries Cost of treatment Payments during treatment Workers compensation

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KUWAIT LABOUR LAW - 6 / 2010, effective from 21-2-10, at a glance

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OTHER MATTERS 80 145 Employee Files Workers lien - employer to maintain File for each employee with copies of relevant docs. - workers have lien over the employers movable & immovable properties except his private residence - within 6 months from date of publishing in Gazette, all by-laws and resolutions to be issues by the Minister - Cancelled - Implement this Law from the date of publication in the Gazette ( 21-02-2010 )

148 149 150

By-Laws & Resolutions Law 34 / 1964 Law 6 / 2010

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