Write an essay in 1200 words. looking to receive it in 6 hours.
Write an essay in 1200 words.
Answer all the following questions:
Answer the below questions based on the course material, your own experience and information search on the internet
Question 1 (34 marks, 400 words)
What is gender stereotyping, and how does it result in gender discrimination? Give an example on gender stereotyping that happened in a company or an industry worldwide.
Question 2 (33 marks, 400 words)
Apprenticeships and training are an excellent way to encourage employees and allow them to learn a wide range of skills in many different fields. With some evidences from articles of the Private Sector Labor Law of Kuwait no.6 of 2010; Write down three advantages and three disadvantages about offering apprenticeship contract for the employee and how does it affect worker efforts and career?
Question 3 (33 marks, 400 words)
A-The wage is important for every employee, since it provides security and economic well-being. Explain the definitions of Salary, Wage, Remuneration and Compensation? What are the elements of the wage as stated in the Kuwait Employment law?
B- What is the employee sick leave rights as stated in the Kuwait Employment law?
C- Compensation for vacations and money is one of the tasks of the organization. List three cases in which the worker shall obtain compensation and three cases in which he forfeits his right to compensation.
1
STATE OF KUWAIT
NEW PRIVATESECTOR
LABOUR LAW NO.6 OF
2010
WITH EXPLANATORY
MEMORANDUM
In Al-Kuwait Al-Yawm,
The Official Gazette,
Issue No. 963 Dated 21Feb. 2010
2
Law No.6 of the year 2010
CONCERNING LABOUR IN PRIVATE SECTOR
Having perused the Constitution;
Having perused the Constitution;
The Penal Code issued by the Law
No. 16 of 1960 and
its
amending laws; and
Law No. 38 of 1964 on Labourin
Private Sector and its amending laws; and
Law No. 28 of 1969 regarding Labour in Oil Sector; and
The Social Security Law issued by the Amiri Order Law No. 61 of 1976 and
its amending laws; and
Law Decree No. 28 of the year 1980 issuing the Maritime Law and its
amending laws; and
Law Decree No. 38 of the year 1980 issuing the Civil and Commercial
Procedure, Law and its amending laws; and
Law Decree No. 67 of the year 1980 concerning’ enacting the Civil code duly
amended by the Law No. 15 of 1996;
Law Decree No. 64 of the year 1987 Law Decree No. 64·of 1987establishing
a Labour Department at the Court of First Instance; and
Law Decree No. 23 of 1990 organizing the judiciary and the amending laws
thereof; and
Law No. 56 of the year 1996 issuingthe Industril law; and
Law NO.1 of 1999 regarding the Health Insurance on Aliens and applying
some fees on health services; and
3
And Law No. 19 of the year 2000 concerning the
Support and Encouragement of National Labour Force to work for
NonGovernmental parties and its amending laws; and
The National Assembly hereby approves the following law, which we hereby
sanction and issue:
4
CHAPTER I
GENERAL PROVISIONS
Article 1
In the application of the provisions of this law, the terms stated hereunder shall have the
following meanings
1- Ministry denotes the Ministry of Social Affairs and Labor.
2- Minister: denotes Minister of Social Affairs and Labor
3- Labourer: Every male or female who does a manual or intellectual labour in
favour of an employer, under his management and control against a fixed
wage.
4- Employer: denotes Every natural or legal person that employs labourers against
a fixed wage
5- Organization: denotes An organization of a group of labourers or employers
whose labours, professions or jobs are similar or related to each other and shall
care for their interests, defend their rights and shall also represent them in all
issues related to their affairs.
Article (2)
The provisions of this law shall be enforceable tothe private sector employees.
Article (3)
The provisions of this law shall be enforceable to the marine work contract in all issues
which are not especially stipulated in the Maritime Law; or the text of this law shall be
more beneficial to
the
labourer.
Article (4)
The provisions of this law shall be enforceable to the Oil Sector in all issues which are
not especially stipulated in the Oil Sector Labour Law; or the text of this law shall be
more beneficial to the labourer
5
Article (5)
The following workers shall be excluded from the implementation of the provisions of
this law:
Workers being subjectto the enforcement of other laws and the provisions of the
relevant laws.
Domestic Workers regarding whom a decision shall be issued by the competent
Minister for organizing their affairs and the rules and regulations governing the
relationship between them and their employers.
Article (6)
Without prejudice to any other better privileges and rights prescribed for labourers in
their individual or collective employment contracts or in the special systems or the
applicable rules and regulations at the employer or accordingto the ethics ofprofession
or the public customs, norms and traditions, the provisions of this law shall represent
the minimum limit for the labourers’ rights.
6
Chapter Two
Employment, Apprenticeship and VOCATIONAL TRAINING
SECTION I : EMPLOYMENT
Article (7)
The competent Minister shall issue the decisions organizing the conditions of
employmentin the Private Sector, especially the following conditions:
1- Conditions for labour force transfer from one employer to another.
2- Conditions for allowing labourers to work as part-timers with one employer to
another employer.
3- The data which the employers shall provide to the Ministry in respect of the
government employees who are duly licensed to work for other employers after
the official working
hours.
4- Some occupations, professions and works which shall be filled only after passing
the relevant professional tests as per the rules and regulations to be set forth by
the Ministry in coordination with the competent authorities.
Article (8)
Every employer shall advise the Competent Authority of his labour force requirements.
Also, he shall inform the Competent Authority annually of the number of the employees
working for
him.
This shall be made in the forms especially prepared for this purpose
according to the terms and conditions regarding of which a decision shall be issued by
the Minister.
Article (9)
A public authority of a separate legal personality and an independent balance sheet
shall be founded and to be named: “The Public Authority for Labour Force” under the
control of the Minister of Social Affairs & Labour. This Authority shall undertake the
jurisdictions prescribedfor the Ministry in this law. Also the Authority shall recruit and
employ the expatriate labour force according to the applications submitted by
employers. Within one year from the effective date of this law, an organizing law shall
be issued with regard to this Authority.
Article (10)
7
The employer is banned to employ foreign labour force unless they are duly authorized
by the Competent Authority to work for him. The Minister shall issue a decision on the
rules, documents and fees to be charged from the employer. In case of refusal, the refusal
decision shall be reasonable.
Furthermore, the refusal decision shall not be relevant to the capital amount, otherwise
thedecision shall be entirely null as if it isnot issued. An employer shall not recruit
labourers from outside the country or ap- point labourers from inside the country without
making country or appoint labourers from inside the country without making them to
work for him.
If it is evident that he is not actually in need of those labourers, in this case, the employer
shall bear the expenses for returning the labourer to his countryIf the worker abandons
coming to his work and worked for another employer, the employer shall be obliged to
return the employer back to his home country, upon registering an absconding notice
against the worker by his main sponsor.
Article (11)
Both the Ministry and the competent authority shall be banned to exercise any segregation
or preferential treatment while dealing with employers concerning the issuance of labour
permits or transfers, for instance by issuing these permits to some employers and refusing
this to other employers under any reasons or excuses. The Ministry shall have the right,
for regulatory reasons, to cease the issuance of labour permits and transfers for a
maximum period of two weeks per year. However, the Ministry may not exclude certain
employers of ceasing regulations and leave others during this period. Any act deemed in
contradiction to this provision shall be entirely void.
8
SECTION 2 APPRENTICESHIP & VOCATION- AL TRAINING
Article (12)
Every person who attains 15 years and enters into a contract with a firm for the purpose
of learning a profession within a specific time period shall be considered as a professional
apprentice, according to the terms and conditions to be agreed upon and also in all that is
not especially stipulated in this Chapter. The professional apprenticeship contract shall
be subject to the provisions concerning the juvenile employment stated in
this law.
Article (13)
The professional apprenticeship contract shall be made in writing and issued in three
copies, one copy for each contract party and the third copy shall be given to the competent
Authority at the Ministry within one (1) week for authentication. The contract shall state
the profession, the tenn of its learning its consecutive phases and the progressive
remuneration of every learning stage, provided that the remuneration in the last stage
shall not be less than the minimum limit prescribed for the present employment contract.
In all cases, the remuneration shall not be decided on the basis of the production or a
piece of
work.
Article (14)
An employer may cancel the apprenticeship contract if the apprentice violates his
assigned duties under the contract or if it is evident from the periodic reports prepared
on him that he is not ready to learn.
Likewise, the apprentice may also tenninate his contract, provided that the party who is
willing to tenninate the contract shall give notice to the other party of this desire at least
seven days in advance.
Article (15)
Vocational training shall mean the theoretical and practical tools and programs that give
labourers the chance to develop their knowledge and skills or attend the job training
within the firm so as to enhance their abilities, to improve their productivity, prepare them
for certain professions or transfer them to others.
Training shall be organized in institutes, centers or establishments that achieve this
purpose.
9
Article (16)
The Minister, in cooperation and coordination with the competent educational and
professional institutions, shall fix the necessary terms & conditions to be satisfied for
holding the vocational training. programs as well as the prescribed limits for the training
period, theoretical & practical programs and the system of examination and certificates
to be issued in this respect and the information to be written therein. This decision shall
bind one firm or more to provide training for labourers in other centers or institutes if the
first firm hasn’t got training centers or institutes.
Article (17)
The firms which are subject to the provisions of this Chapter shall pay the worker his
full wages for his training period whether inside or outside the firm.
Article (18)
The professional apprentice and labourer trainee shall be obliged, after the completion
of his learning or training period, to work for the employer for a similar period of
employer for a similar period of his apprenticeship or training in a term of not more
than five years. If he is in breach of these obligations, the employer may reimburse from
him the expenses spent for his learning or training, in proposal to the remaining period
to be spent in the work.
Section 3
Employment of Juveniles
Article (19)
Employment of those who did not attain 15 years of age shall be banned.
Article (20)
Juvenile employment who are between the age of 15 and 18 years may be made by the
10
permission of the Ministry under the following conditions:
a- To be employed in such works and trades other than those hazardous & harmful to
health, in respect of of which decision shall be issued by the Minister.
To be medically checked up, before the employment, and thereafter periodically for not
more than six months. The Minister shall issue a decision determining these works and
trades in addition to the professions, procedures and dates organizing the periodic medical
examination.
Article (21)
The juveniles maximum working hours shall be 6 (six) hours per day, on condition that
they shall not be made to work for more than 4 hours continuously, which shall be
followed by at least one hour rest break.
Juveniles shall not have to work additional working hours or during weekly off days,
holidays or between 7:00pm to 6:00am.
Section 4
Employment of women
Article (22)
Women shall not be employed at night between 10:00 pm to 7:00 am, save those who
work in hospitals, health centers, private treatment houses and other health institutions
regarding of which a decision shall be issued by the Minister of Social Affairs & Labour,
on condition that the employer shall in all the above cases ensure the security
requirements for women in addition to the provision of means of transport from and to
the place of work.
The official work hours during Holy month Ramadan shall be excluded from the above
provisions.
Article (23)
The employment of women in dangerous, hard or harmful to health trades and works shall
be prohibited. Also women shall not be employed in such jobs which are violating their
morals and based on the utilization of their femininity in a manner which is not in line
with the public morals. Moreover, women shall not be employed in institutions which
11
provide service exclusively for men. The Minister of Social Affairs & Labour, in
consultation with the Consultant Committee for Labour Affairs, shall issue a decision to
specify these jobs and entities.
Article (24)
The pregnant woman shall be entitled to a paid maternity leave of 70 (seventy) days
which shall not be included within her other leaves, provided that the delivery shall
happen during this perid.
The employer, after expiry of the maternity leave, may give a female labourer upon her
request a leave without salary for not more than four months to take care of her child.
The employer shall not terminate the service of a female labourer while she is in her
maternity leave or discontinue her joining the work due to a sickness which shall be
evidenced by a medical report that it is arising of pregnancy or delivery.
Article (25)
A female labourer shall be given two (2) hours in order to breast feed her child during the
official working hours, in accordance with the terms and conditions to be determined by
the Ministry’s decision. An employer shall arrange a Day Care Center for children below
four (4) years if the number of women in his firm is more than fifty (50) or the number of
employees therein is more than 200
Article (26)
A female labourer shall have the right to the same salary given to the male labourer, if
she performs the same job.
12
CHAPTER 3
INDIVIDUALWORK CONTRACT
SECTION I
WORK CONTRACT FRAMEWORK
Article 27
Every person who attains 15 years of age shall be entitled to sign a work contract for an
unlimited period. In the case of limited period contract, this period shall not exceed one
year until he attains the age of 18 years old.
Article 28
An work contract shall be prepared in writing and shall particularly consist of the date of
signing the contract, the effective date, amount ofwage, contract period if itis for a limited
period and the nature of work. The contract shall be drawn up into three copies; one for
each party whereas the third copy shall be sent to the Competent Authority at the Ministry.
If the work contract is not prepared in a written document, the contract shall be deemed
as prevailing and in this case the labourer shall evidence his rights through all evidencing
methods.
If the work contract is for a limited or unlimited period, the labourer wage Shall not be
reduced during the validity of the contract. Any agreement signed before the validity of
the contract or subsequent thereto shall be deemed absolutely void as it is related to the
public order.
Also an employer may not assign the labourer to perform a work which is not in line with
the nature of the work stated in the contract or not compliant with the qualifications and
experiences of the labourer on the basis of which the contract is signed with him.
Article (29)
All contracts shall be made in Arabic language and the translation of which in any
foreign language can be added to it, but the Arabic language shall have preference in
case of discrepancies. The provision of this article shall be applicable to all
correspondence, bulletins, bylaws and circulars issued by the employer to his labourers.
13
Article 30
If the employment contract is for a limited period, its term shall not be more than five
(5) years and not less than one year. The contract may be extended upon expiry by the
agreement of both parties.
Article (31)
If the work contract is for a limited period and both parties continue to implement it after
the expiry of its term without extension, it shall be automatically renewable for similar
periods under the same conditions contained therein,unless the two parties agree to renew
it under other condition. In all cases, the renewal shall not affect the labourers accrued
dues arising from the previous contract.
Section 2
Obligations of LABOURER and Employers
REGULATIONS ANDPENAL
TIES
Article (32)
The labourer probation period shall be specified in the work contract provided that it shall
not exceed hundred working days. Either party may terminate the contract during the
probation period without notice.
If the termination is made by the employer, he shall pay the labourer his terminal service
indemnity for his employment period according to the provisions
of this law.
A labourer may not be employed under the probation period with the same employer for
more than once.
The Minister shall issue adecision organizing the rules and regulations of the work during
the probation period.
Article (33)
If the employer subcontracts work or any part the work to another employer under the
same work conditions, the employer to whom the work is assigned shall treat his the
employer to whom the work is assigned shall treat his the employer to whom the work is
14
assigned shall treat his labourers and those of the main employer equally in all their rights
and dues. The two employers shall jointly work to gether in this respect.
Article (34)
The employer who signs a contract for the implementation of a government project or
employs his labourers in remote areas, he shall provide a suitable accommodation and
means of transport for his labourers free of charge. In the event of not providing them an
accommodation, he shall give them a suitable housing allowance. Remote areas and
suitable accommodation conditions as well as the housing allowance shall be determined
by a decision from the Minister.
In all other cases in which the employer shall be obliged to provide an accommodation
for his labourers, he shall be subject to the provisions of the decision provided for in the
pre vious paragraph regarding the conditions of the suitable accommodation and fixing
the housing allowance.
Article (35)
The employer shall fix in an open place at the work center the rules and regulations of
penalties applicable to the violating workers, provide that the rules and regulations shall
observe the following:
a- The regulations shall specify the contraventions which may be committed by
workers.
b- They shall include progress penalties for contraventions.
c- No more than open punishment shall be imposed on one single contravention.
d- No Penalty shall be imposed on alabourer for an act committed outside the place
of work unless it is related to the work.
e- A labourer shall not be punished for any act committed after the expiry of fifteen
(15) days from the date of its proof.
Article (36)
The employer shall approve the penalties rules & regulation, before its application, by
the Ministry. The Ministry may amend these regulations according to the nature of
the firm activityor work conditions in such a way which is in line with the provisions
of this law. The Ministry shall present these regulations to the competent organization,
if any. If there is no competent organization, then the regulations shall be referred to
the General Union in order to give its remarks and proposals on these regulations.
15
Article (37)
The labourer shall not be punished unless he is informed in writing of the contravention
committed by him and after hearing his testimony, receiving his pleading and proving
the same in the minutes to be lodged in the labourer’s file. The labourer shall be notified
in writing of the penalties imposed on him, their type, extent, reasons for imposition and
the punishment which he may exposed to if he repeated the same act.
Article (38)
No deduction may be executed from the worker’s wage for a period of more than five
days monthly. If the penalty exceeded this limit, the extra amount shall be reduced from
the salary of next month or
months.
Article (39)
The labourer may be prevented to continue his work for the interest of the investigation
conducted by the employer or his representative for a period not exceeding ten days. If
the investigation with the labourer has concluded that he is not responsible for the relevant
act, he shall be paid his salary for the period of suspension.
Article (40)
The employer shall deposit the deducted amounts from the labuorer wage of in a fund to
be allocated for social, economic and cultural activities for the benefit of the labourers.
The deduction penalties imposed on the labourers shall be registered in a special record
showing the labourer name, amount of deduction and the cause of its application. In the
event of dissolution of the firm, the deduction proceeds in the fund shall be distributed
among the existing workers at the time of dissolution in proportional to the service term
of each.
The Minister shall issue a decision on the rules and regulations organizing the above fund
and the distribution method.
16
Section 3
EXPIRY OF EMPLOYMENT CONTRACT&
TERMINAL SERVICE INDEMNITY
Article (41)
Without prejudice to the provisions of Article (37) of this law:
a) The employer may terminate the labourer’s service without notice, indemnity or
remuneration if the labourer commits one of the following acts:-
1. If the labourer commits a fault that resulted in a gross loss to the employer.
2. If it is evident that the labourer has used any fraudulent act or cheating to obtain the
work.
3. If the labourer discloses any secrets related to the firm he works for which caused or
could have caused certain losses to it.
b) The employer may terminate the labourer in one of the following cases:
1.If the labourer has been convicted of acrime affecting honor, honesty or morality.
2.If he commits an act against the public morals in the place of work.
3.If he commits any assaults upon a fellow worker, the employer or his representative
during work or because of work.
4.If he commits a breach of, or fails to carryout any of the obligations imposed on him
under the terms of the relevant contract and the provisions of this law.
5. If he repeatedly disobeys the instructions of the employer. In all these cases, the
termination decision shall not result in depriving the labourer of his terminal service
indemnity.
c) The terminated worker for any of the above cases in this Article shall have the
right to appeal the termination decision before the competent Labour Circuit
according to the procedures stipulated in this law.If it is evident by virtue of a final
court judgment that the employer has terminated the labourer in an arbitrary way,
the latter shall be entitled to a terminal service indemnity and compensation for the
material and moral damages incurred by him. In all cases, the employer shall in form
the Ministry by the termination decision and its causes. The Ministry shall advise
the Labour Force Restructuring Program accordingly.
17
Article (42)
If alabourer discontinues work without an acceptable reason for seven consecutive days
or twenty interrupted days within one year, the employer may deem him resigned legally.
In this case, the provisions of Article(53) of this law shall be applicable on the labourer’s
eligibility to terminal service indemnity.
Article (43)
If a labourer is imprisoned due to a charge by the employer, under a preventive
imprisonment or in execution to a non-final court judgment, he shall be considered as
suspended from the work but the employer shall not terminate his employment contract
unless he is convicted by virtue of a final court judgment.
If a judgment is issued on his innocence from the charge(s) attributed to him by the
employer, the employer shall be obliged to pay him his wage for the period of suspension
along with indemnifying him in a fair compensation to be decided by the court.
Article (44)
If the contract is made for an unlimited period, either of the two parties may terminate it
after giving notice to the other in writing; and the notice shall be made in the following
manner:
a) At least three months prior to the termination of the contract, in the event of
monthly salary labourer.
b) At least one month prior to terminated the contract does not observe notice period,
he shall be obliged to pay the other party a notice period amount equal to the labourer’s
salary for the same period.
c) If the termination notice is made by the employer, the labourer shall have the right
tobe absent from work for one full day within a week or eight (8) hours during the week
in order to search for another job along with his entitlement to his wage for the absent
day or hours. The labourer shall have the right to fix the absent day and hours provided
that he shall inform the employer at least in the day preceding his absence.
d) The employer may terminate the labourer during the notice period along
with calculating the labourer service term continuously until the expiry of that
period, together with the effects arising thereof particularly the labourer’s
entitlement to his wage for the notice period.
18
Article (45)
The employer may not use his right to terminate the contract under the previous Article
while the labourer enjoys one of his leaves provided for in this law.
Article (46)
The service of the labourer shall not be terminated without reason or due to his trade union
activity or as a result of claiming for or enjoyment of his legitimate rights according to
the provisions of the law. Also, a labourer service shall not be terminated by reason of his
sex, origin or religion.
Article (47)
If the work contract is for a limited period and either party terminates it without having
any right to do so, he shall then be obliged to compensate the other party for the damage
incurred by him, provided that the compensation amount shall not exceed what is equal
to the labourer’s wage for the remaining period of the contract. While fixing the damage
extent with regard to the two contracting parties, the prevailing customs, work nature,
contract term, and generally all other considerations which may affect the damage in
terms of its existence and extent. Any debts which may be due for the other party shall
be deducted from the compensation amount.
Article (48)
A labourer shall have the right toterminate the work contract without notice together
with his entitlement to the terminal service indemnity in any of the following cases:
a) If the employer does not abide by the provisions of the contract and the law.
b) If an assault is committed against him by the employer or whoever represents him or by
instigation or incitement by either of them.
c) If his continuation of doing the work will threaten his safety or health by a decision by
the Medical Arbitration
Committee at the Ministry of Health.
d) If the employer or his representative has introduced any act of cheating or fraud at the
time of contracting in relation to the contract conditions.
e) If the employer charges the labourer of committing a criminal act and a final judgment
is issued and declared his innocence.
f) If the employer or whoever represents him has committed an act that violate the morals
against the labourer.
Article (49)
19
The employment contract shall expire by the death of the labourer or if it is
evident that he is unable or disable to perform his duty or by reason of such a
sickness that consumed his sick leave, by a certified certificate from the
competent official medical authorities.
Article 50
The work contract shall expire
in the following cases:
a) Issuance of a final court judgment that declares the bankruptcy of the
employer.
b) The final closure of the firm.
However, if the firm is sold or merged in another firm or if it is transferred by the means
of inheritance, donation or any other legal action, the work contract shall be effective on
the successors under the same conditions mentioned therein. The rights and obligations
of the previous employer towards the labourers shall be transferred to the employer who
replaces him.
Article 51
The labourer shall have the right to the terminal service indemnity as per the following
manner:
a) A ten days wage, for every one year of service of the first five years and fifteen
(15) days wage for every one year of service for the following years, provided that the
total indemnity shall not exceed a year wage, with regard to the labourers who receive
their wages per day, week, piece or per hour.
b) A fifteen-day-wage for every one year of service of the first five years, and one
month salary for very year of the following years, provided that the total indemnity
shall not exceed one and a half year wage, with regard to monthly paid labourers.
A labourer shall be entitled to the terminal service indemnity for any part
of the year in proportion to the period of service he spent in the work. The amount of
any debts or loans which may be due from the labourer shall be deducted from the
terminal service indemnity In this connection, the provisions of the Social Security Law
shall be applicable, provided that the employer shall be obliged to pay the net difference
between the amounts he affords against the labourer’s subscription in the Social Security
and the due amounts for the labourer against the terminal service indemnity.
20
Article 52
Without prejudice to the provisions of Article (45) of this law, the labourer shall be
entitled to the terminal service indemnity, as stipulated in the previous Article, in full
in the following cases:
a) If the contract is terminated by the employer.
b) Upon the expiry of the term of the limited contract period without being renewed.
c) If the contract is terminated according to the provisions of Articles (48, 49, 50)
of this law.
d) If the female labourer terminates the contract from her part due to her marriage
within one year from the date of such marriage.
Article 53
The labourer shall have the right to receive half the terminal service indemnity, as
stipulated in Article (51), if he terminates the unlimited period contract from his own
part, and the term of his service is not less than three (3) years and did not complete five
(5) years. If the period of his service has reached five (5) years and did not complete ten
(10) years, then he shall be entitled to two-thirds of the indemnity. If the term of hisser,
vice has reached ten (10) years, he shall then be entitled to the full indemnity.
Article 54
The labourer whose work contract has expired shall obtain from the employer a service
termination certificate which consists of a statement of his period of service, profession
and the last salary he obtained. This certificate shall not include any expressions which
may harm the labourer or it may be issued in such a form that may reduce the chances of
work before him, whether explicitly or implicitly. The employer shall return to the
labourer any documents or certificates which may be submitted by him.
CHAPTER IV
LABOUR SYSTEM & CONDITIONS
SECTION I : WAGES
Article 55
The word wage denotes the basic salary received or should be received by the worker
against or because of his work in addition to all the elements stipulated in the
contract or employer’s rules & regulations.
Without prejudice to the social allowance and children allowance prescribed
according to the above mentioned Law No. (19) of 2000, the allowances,
21
remunerations, commissions, grants, donations or cash privileges received by the
labourer periodically shall be included within the calculation of the wage.
If a labourer wage is determined as a share of the net profit and the firm did not
realize profit or realized little profit so that the labourer’s share becomes not
consistent with the work performed by him, then his wage shall be estimated on the
basis of a similar wage or according to the prevailing traditions in this profession or
for justice requirements.
Article 56
Wages shall be paid on a working day in the legal currency in circulation together with
observing the following:
a) Monthly rate workers shall be paid their salaries at least once a month.
b) Other workers shall be paid their salaries at least once every two weeks.
The payment of salaries shall not be delayed after the seventh day of the due date.
Article 57
The employer who have labourers work for him according to the provisions of this law
shall deposit their salaries in their relevant accounts opened with local financial
institutions. A copy of the statements sent to those institutions in this regard shall be
forwarded to the Ministry of Social Affairs & Labour. A decision shall be issued by the
Council of Ministers, according to the proposal of the Minister of Social Affairs &
Labour and the Minister of Finance, which shall determine those institutions and the
rules for dealing with these accounts in terms of the expenses, commissions and
organizing rules & regulations in this regard.
Article 58
The employer shall not transfer a labourer who works in a monthly salary to another class
without securing the labourer’s written consent and. without prejudice to the rights
obtained by the labourer during his .work under the monthly salary.
Article 59
a) No more than 10% of a worker’s wage may be deducted for the settlement of any
debts or loans which may be due for the employer; and the employer shall not receive
any interest on such entitlements.
b) The retention of the wage accrued by the labourer or deduction of any part from
this wage may not be made, save within the limits of 25% for settling a debt of alimony,
food, clothes and other debts, including the employer’s debts. In the event of coincidence,
alimony debt shall have reference over any other debts.
22
Article 60
The labourers shall not be obliged to buy any foodstuff or commodities
from certain shops or to buy from the employer’s products.
Article 61
The employer shall undertake to pay the salaries of his labourers during the closure
period if he intentionally closes the firm in order to force the labourers to submit or
surrender to his demands. Also, he shall be obliged to pay the salaries of his labourers
for the entire period during which the firm is closed, whether totally or partially, for any
other reason which the workers have no hand in it, since the employer would like them
to continue to work with him.
Article 62
When calculating the labourer dues, the last salary paid to him shall be considered. If a
labourer receives a salary on the basis of piecework, the relevant estimate shall be made
on the average wage duly paid to him for the actual working hours during the last three
months.
The assessment of cash and in kind incentives shall be made by dividing the average of
what is received by the labourer from the salary during the last twelve months into the
entitlement. If the term of his service is less than one year, the average shall be computed
in accordance with the percentage period spent in the service. A labourer’s wage shall not
be reduced during the course of his work for any reason whatsoever.
Article 63
The Minister shall issue a decision within a period of not later than every five years in
which he shall fix the minimum wages according to the nature of profession and trade,
taking into account the inflation rates witnessed by the country, after consultation with
the Consultant Committee for Labour & Organization Affairs.
SECTION II
WORK HOURS & WEEKLY OFF DAYS
Article 64
Without prejudice to the provisions of Article (21) of this law, the labourer shall not be
made to work for more than 8 hours a day or 48 hours a week, save the cases provided
for herein. Working hours during the holy month of Ramadan shall be 36 hours a week.
23
The working hours of hard labour, health harmful labour and hazard labour or for hard
conditions may be reduced by virtue of a decision to be issued by the Minister.
Article 65
a) The labourer shall not be made to work for more than five continuous hours per
day without being followed a break period of not less than one hour. Break hours shall
not be calculated within the working hours. The banking, financial and investment sector
shall be exempted from this provision and the working hours shall be eight continuous
hours.
b) Upon the approval of the Minister, labourers may be made to work without any
break for technical or emergency reasons or in office works, provided that the total
worked hours per day shall be, according to the provision of the above Article 64, at least
one hour less.
Article 66
Without prejudice to the provisions of Articles (21) & (64) of this law, a labourer may
be made to work overtime hours under a written order issued by the employer if that is
necessary for preventing the occurrence of a dangerous accident or for the repair of any
breakdowns arising thereof or for avoiding a certain loss or meeting such works more
than the daily equired work. The additional working hours shall not be more than two
hours per day and in a maximum number of one hundred eighty (180) hours per year.
Also the additional work periods shall not exceed three days a week and ninety days per
year. Furthermore, this shall not prevent the labourer’s right to evidence his being
entrusted by the employer to perform an additional work through all methods of proof,
or the labourer’s right to obtain a wage against the overtime hours in a rate which is more
than his ordinary rate in a similar period by 25%.When calculating this wage, the
provisions of Article (56) of this law shall be applicable. The employer shall keep a
special record for the overtime work hours indicating the dates of relevant days, number
of overtime hours and the respective wages for the additional work which he assigned to
the labourer.
Article 67
The labourer shall have the right to one fully paid weekly off day which shall be
fixed by _24 continuous hours after every six worked days. An employer, when
necessary, may make a labourer to work during his weekly· off day if the work
conditions so requires. The labourer shall receive at least 50% of his salary in
addition to the original salary. Also he shall be compensated another day for his off
day.
24
The provision of the previous para: graph shall not affect the calculation of the
labourer’s dues including his daily wage and leaves where these dues shall be
calculated by dividing his salary into the number of the actual working days without
calculating therein his weekly off days, although the off days are paid days.
Article68
The official holidays granted to a labourer with full pay are:
a) Hijiri New Year Day -One day
b) Ascension (Isra & Miraj) Day -One day
c) Eid Al Fitr (Lesser Bairam) -Three days
d) Waqfat Arafat Day -One day
e) Eid Al Adha (Greater Bairam) -Three days
f) Prophet Birthday One day
g) National Day (25th February) -One day
h) Liberation Day (26th February) -One day
i) New Gregorian Year One day
If the work circumstances require keeping any labourer in work on any of the
official holidays, he shall be paid a double wage together with an alternative
compensation day.
Article 69
Without prejudice to the provision of Article 24 herein, the labourer shall have the
right to the following sick leaves during the year:
– 15 days – with full wage
– 10 days – with three quarter wage
– 10 days- with half wage
– 10 days – with quarter wage
– 30 days – without wage
The sickness which needs a sick leave, shall be evidenced by a certificate from the
physician to be determined by the employer or the doctor who is in charge of a
government health center. In the event of any conflict regarding the entitlement to the
sick leave or its term, then the medical doctor certificate shall be approved. In relation
25
to the serious diseases which are difficult to cure, then such diseases shall be excluded
by a decision from the competent Minister in which he shall specify the type of such
diseases.
SECTION III
PAID ANNUAL LEAVES
Article 70
The labourer shall have the right to a paid annual leave of thirty days. However, a
labourer shall be entitled to a leave for the first year only after the completion of at least
nine months in the service of his employer. Official holidays and sick leave days
penetrating the leave shall not be counted in the annual leave. The labourer shall have
the right to leave for the fractions of the year in proportional to the period spent in work,
even if during the first year of service.
Article 71
The labourer shall have the right to be paid his due salary for the annual leave in advance
before obtaining his leave.
Article 72
The employer shall have the right to determine the annual leave date, and may grant it
partially upon securing the consent of the labourer after the expiry of the first fourteen
days thereof. The labourer shall have the right to accumulate his leaves on condition that
they shall not exceed the leaves of two years. Also, the labourer may obtain the leave in
one time upon the approval of the employer. Moreover, annual leaves may be
accumulated by the mutual agreement of both parties for more than two years.
Article73
Without prejudice to the provisions of the above Articles (70) & (71), the labourer shall
have the right to receive a cash equivalent against his accumulated annual leave days
upon the expiry of the contract.
Article 74
Without prejudice to the provisions of the above Article 72, the labourer shall not have
the right to assign his annual leave, with or without compensation. The employer shall
have the right to reimburse from the labourer any salary paid by him against the leave if
it is proven that he is working during his leave with another employer.
26
Article 75
The employer may give the labourer a paid leave for education in order to obtain a
higher qualification in the field of his work, provided that the labourer shall be
obliged to work for the employer a period equal to the education leave period which
shall not exceed five (5) years period. If the labourer is in breach of this condition,
he shall be obliged to reimburse the salaries received by him during the leave period
in proportion to the remaining period to be spent by the labourer in the work.
Article76
The labourer who completes two continuous years in the service of his employer shall be
entitled to a paid leave of 21 days for performing Haj rituals, provided that he should not
have previously performed the Haj.
Article 77
The labourer shall have the right to a leave with full pay of three days upon the death of
a first or second grade relative. A female Muslim labourer whose husband expires shall
be entitled to a fully paid leave of four months and ten days as from the date of death for
the period of waiting (iddat), provided that she shall not practice any work with a third
party for the entire leave period. The conditions for granting such leave shall be organized
by a decision from the Minister. Also, a non-Muslim female labourer whose husband
passes away shall be entitled to be paid a full leave salary of twenty one (21) days.
Article 78
The employer shall have the right to grant the labourer a fully paid leave for attending
Labour Periodic Conferences & Social Gatherings. The Minister shall issue a decision on
the conditions, rules & regulations organizing this kind of leave.
Article 79
The employer may grant the labourer, upon his request, a special leave without pay in
addition to the abovementioned other leaves.
27
SECTION IV
OCCUPATIONAL SAFETY &
HEALTH
FIRST BRANCH
RULES OF OCCUPATIONAL
SAFETY & HEALTH MAINTENANCE
Article 80
Every employer shall keep a separate labour file for every worker comprising of a copy
of the work permit, copy of work contract, copy of his Civil Identity Card, copies of
relevant annual & sick leaves documents, overtime hours, work injuries, occupational
diseases, penalties imposed on the labourer, service termination date, service termination
reasons, copy of receipts of any papers, tools & experience certificates delivered by the
labourer to the employer, which shall be delivered to him after the expiry of his work.
Article 81
Every employer shall keep occupational safety records according to the forms, rules and
regulations regarding of which a decision shall be issued by the Minister.
Article 82
The employer shall fix in a conspicuous place at the work center an approved rules &
regulations by the competent Labour Department at the Ministry, consisting in particular
of the daily working hours and the break period therein, the weekly off day and official
holidays.
Article 83
The employer shall take all needful precautionary safety measures for securing the safety
of his labourers, machinery, equipment, circulated materials in the firm and the persons
utilizing these materials against the work hazards. Also the employer shall provide the
required safety and occupational health instruments & kits regarding of which a decision
shall be issued by the competent Minister upon seeking the opinion of the competent
authorities. The labourer shall not be afforded with any expenses or any amounts may be
deducted from his salary against the provision of protection measures & safety tools for
him.
28
Article 84
The employer shall explain to the labourer, before commencing his work, the hazards
which he may be exposed to and the necessary protection measures he should have. The
Minister shall issue the relevant regulatory decisions on the instructions and precautionary
warning signboards to be fixed in conspicuous places in the work center, and the personal
safety measures which the employer shall provide for the different activities.
Article 85
The Minister, upon seeking the opinion of the competent authorities, shall issue a decision
identifying the kinds of activities which shall abide with the provision of the necessary
equipment and tools for the workers’ safety & occupational health in such installations,
along with the appointment of the specialized technicians or specialists for controlling
and ensuring to what extend the safety & occupational measures conditions have been
observed. Also the decision shall indicate the qualifications and responsibilities of those
technicians and specialists as well as their training programs.
Article 86
The employer shall take the necessary precautionary measures for protecting workers
against health hazards and occupational diseases resulting from the practice of such
Minister of Health, to issue the decisions organizing these precautionary measures,
occupational diseases schedules, professions and industries that cause such diseases,
schedules of harmful materials and the permissible ‘ concentrates… for such materials.
Article 87
The labourer shall exert the necessary protection efforts, and he shall undertake to
utilize them diligently any protection measures under his
possession and to implement the relevant instructions stipulated for his safety, health and
protection against injuries and occupational diseases.
Article 88
Without prejudice to the provisions of the Social Security Law, the employer shall be
obliged to arrange the required insurance coverage over his workers with insurance
companies against work injuries and occupational diseases.
29
SECOND BRANCH WORK
INJURIES & OCCUPATIONAL DISEASES
Article 89
Upon obtaining the opinion of the Upon the enforcement of the work injuries insurance
terms & conditions as per the Social Security Law, these provisions -with regard to the
insured who are subject to this insurance -shall replace the provisions stipulated in the
following Articles in relation to the work injuries and occupational diseases.
Article 90
If the worker is injured due to reason and in the course of or on his way to and from the
work, the employer shall report the accident immediately upon its occurrence or promptly
upon having knowledge thereof, as the case may be, to each of the following:-
a) The Police Station of the area under whose jurisdiction the place of work is
situated.
b) The Labour Department under whose jurisdiction the place of work is situated.
c) The Public Institution for Social Security or the insurance company in which the
workers are insured against the work injuries. This proclamation may be made by the
worker if his health so permits and also, it may be notified by whoever represents him.
Article 91
Without prejudice to the provisions of the Law No. (1) of 1999 concerning Health
Insurance over the expatriates and the application of fixed fees against the health
services, the employer shall bear the expenses of the injured labourer treatment against
work injuries and occupational diseases with a governmental hospital or a private clinic
to be determined by him, including the value of the medicine and transport expenses.
The attending doctor shall determine in his report the treatment period, the percentage
of disability resulting from the injury and to what extent the worker is able to continue
the performance of his work. Each of the labourer and the employer, by an application
to be submitted to the competent department, may object to the medical report within
one month from the date of being informed thereof before the Medical Arbitration
Committee at the Ministry of Health.
30
Article 92
Every employer shall provide the Ministry of Health with statistical statement about work
injuries accidents and occupational diseases that took place at his firm on periodic basis.
The Minister shall issue a resolution fixing the necessary time period for submission of
such statistics.
Article 93
A labourer who suffers a work injury or occupational disease shall be entitled to receive
his wage for the entire treatment period fixed by the medical doctor. If the treatment
period exceeds six months, he shall be entitled only to half the wage until his recovery or
proven disability or death.
Article 94
The injured labourer or his beneficiaries shall be entitled to receive compensation for
work injuries or occupation all diseases pursuant to the schedule to be issued by a
resolution from the Minister, upon taking the opinion of the Minister of Health. Article95
A labourer shall lose his right to the compensation for the injury if the investigation
proved that:
a) The labourer has willfully injured himself.
b) The injury has occurred as a result of gross misconduct and intentional act by the
labourer. Any act committed by the injured under the effect of drinks or drugs and every
violation to the instructions regarding the protection against the work hazards and
occupational harms that should be hanged in a conspicuous place at the work center,
shall be deemed as willful misconduct unless the injury leads to the death of the
labourer or results in a permanent disability of more than 25% of the total disability.
Article 96
If a labourer suffers from a occupational disease or any relevant symptoms are
developed on him during his service or within one year after leaving the service, he
shall then be subject to the provisions of Articles (93, 94, 95) of this law.
Article 97
1. The medical report issued by the attending doctor or the decision of the Medical
Arbitration Committee on the condition of an injured labourer shall identify the liability
31
of the previous employers, and those employers shall be bound -each in proportion to the
period spent by the labourer in his service-if the industries and trades they practice can
cause the disease which the labourer suffers from.
2. The labourer or his eligible beneficiaries shall receive the compensation stipulated in
Article (94) from the Public Institution for Social Security or the insurance company with
which the labourer is insured, as the case may be, and each of them may claim the
previous employers to honor their obligations as provided for in paragraph (1) of this
Article.
CHAPTERV COLLECTIVE
LABOUR RELA- TIONS
SECTION I
ORGANIZATIONS OF LABOURERS & EMPLOYERS
AND RIGHT OF TRADE UNIONS
Article 98
The right of forming federations by employers and trade unions by labourers is secured
in conformity with the provisions of this law. The provisions of this Chapter shall be
effective on the labourers in the private sector and shall be applicable to the labourers
in the government & oil sectors such a manner which shall not be contradictory to the
laws that organize their affairs.
Article 99
All Kuwaiti labourers shall have the right to form among them trade unions that look
after their interests and work for improving their material and social conditions, and
to represent them in all the matters that concern. Similarly, employers may form
federations for the same objectives.
Article100
The following procedures should be adopted in the establishment of a trade union:
1. A number of laboureres who wish to establish a trade union or a number of
employers who desire to form a federation shall meet in a general consistent assembly
by announcing the same in at least two daily news weeks as from the date of general
assembly, provided that they shall fix the meeting place, time and objectives.
32
2. The constituent general assembly shall approve the articles of association of the
organization and it may be guided in this regard by the model bylaw to be issued by
virtue of a resolution from the Minister.
3. The Constituent Assembly shall elect the Board of Directors pursuant to the
provisions of its Articles of Association.
Article 101
The Articles of Association of the organization shall state the objectives & purposes for
which it has been established, its membership conditions, the rights & obligations of its
members, the subscriptions to be collected from the members, the jurisdictions of the
ordinary & extraordinary general assembly, the number of the board of directors
members, its membership conditions, its term & jurisdictions, the budget rules &
regulations, the procedures required for amending the articles of association of the
organization, procedures for its dissolution and manner of liquidating its funds as well as
the books& records to be kept by the organization and the bases of self-supervision.
Article 102
The elected board of directors shall, within 15 days from the date of its election, deposit
the organization incorporation documents with the Ministry. The legal entity of the
organization shall be proved as from the date of issue of the Ministers’ decision approving
its incorporation after the deposit of the duly completed documents with the Ministry.
Article 103
All labourers, employers and their organizations, upon enjoying the rights provided for
in this Chapter, shall observe all the applicable laws in the country like all other organized
entities; and they shall practice their activity within the limits of the objectives stated in
the articles of association of the organization without any violate on or deviation from
limit of the establishment. Article these objectives.
Article104
The Ministry shall direct and guide labourers trade unions and employer’s federations
towards the proper application of the law, and the manner of how to make entries in
the financial books & records related to each organization. Also, it shall guide them
towards rectifying any missing in the entered data and entries there in.
Trade unions shall be prohibited from the following:
33
1. Engaging in political, religious or sectarian issues.
2. Investing their funds in financial or real estate speculations or any other type
of speculations.
3. Accepting donations & bequests, except under the consent of the Ministry.
Article 105
Trade Unions shall have the right, upon the approval of employers and the competent
authorities in the country, to open canteens & restaurants
Article 106
The declared federations under the provisions of this law may form among them general
federation provided that there shall not be more than one general federation for each of
the labourers & employers. Upon forming the federations & general federation, the same
procedures related to trade unions’ formation should be followed.
Article107
Federations, the general federation and trade unions shall have the right to accede to Arab
or international federations which they believe that their interests are related thereto,
provided that they shall inform the Ministry of the accession date. In all cases, they shall
observe in this regard that such accession should not violate the public order or the State
public interest.
Article 108
Employers & labourers’ organizations may be dissolved voluntarily by a resolution to be
issued by the general assembly according to the organization’s article of association. The
trade union’s property after its dissolution shall be decided on pursuant to the resolution
of the general assembly, in case of the optional dissolution. Moreover, the board of
directors of the organization may be dissolved by filing a case by the Ministry before the
Court of First Instance so as to issue a judgment on the dissolution of the board of
directors of the trade union if is commits such an act that violates the provisions of this
law and the laws related to keeping the public order and morals. The court judgment may
be appealed within 30 days from the date of issue at the Court of Appeal.
34
Article 109
Employers should provide labourers with all the decisions, rules & regulations related to
their rights & obligations.
Article 110
An employer may dedicate one or more members of the trade union or federation board
of directors for following up the trade union affairs with the labor department or the
competent authorities in the country.
SECTION II COLLECTIVE
EMPLOYMENT CONTRACT
Article 111
The collective or group employment contract is the contract which regulates the work
conditions and circumstances between one or more labourers trade union or federation,
on one hand, and one or more employers or whoever represents them from employer’s
federations, on the other hand.
Article 112
The collective or group employment contract should be made in writing and duly signed
by the labourer. This contract shall be presented to the general assembly of labourers trade
unions and employers federations or both parties, and it should be approved by the
members of those organizations pursuant to the provisions of the Articles of Association
of the organization.
Article 113
The collective employment contract should be a limited period contract provided that its
term shall not be more than 3 years. If the two contract parties have continued to
implement the same after the expiry of its term,
then it should be deemed renewed for one year period under the same conditions stated
therein unless the contract conditions stipulates otherwise.
35
Article 114
If either party of the collective employment contract is not desirous to. renew it after
the expiry of its term, he shall inform the other party and the competent Ministry in
writing at least three months from the contract expiry date. If the contract parties are
multiple, then its termination with regard to one party shall not result in its termination
with regard to the other parties.
Article 115
1. Any condition in the individual employment contract or collective employment
contracts which violates the provisions of this law shall be deemed void and null even if
it precedes the execution of this law unless such condition is more beneficial to the
labourer.
2. Any conditions or agreement signed before or after the enforcement of this law under
which the labourer waivers any right granted by this law shall be deemed null and void.
Also, any reconciliation or quit- claim deed that comprises a reduction or release from a
labourer’s rights due to him under the employment contract during its validity period or
three months after its expiry shall be null and void whenever it violates the provisions of
this law.
Article 116
The collective employment contract shall be effective only after its registration with the
competent Ministry and a summary of which is published in the Official
Gazette.
The competent Ministry may object to any conditions it deems as violating the law, and
the two parties shall amend the contract within
15 days from the receipt of such objection, otherwise the registration application will be
deemed as if it did not take place.
Article117
A collective employment contract may be concluded at the level of the enterprise,
industry or at the national level. If the collective employment contract is concluded at the
level of the industry, then it should be signed on behalf of the labourers by the federation
of such industry’s trade unions. If it is concluded at the national level, then it should be
signed by the general federation of labourers.
The concluded contract at the industry’s level shall be considered as amendment to the
contract signed at the enterprise’s level; and the contract signed at the national level shall
be deemed as amendment to any of the other two contracts, within the limits of the
common provisions stipulated therein.
36
Article 118
The provisions of the collective employment contract shall be applicable to:
a) Labourers’ trade unions and federations that concluded the contract or joined it
after its conclusion.
b) Employers or their federations that signed the contract or joined it after its
conclusion.
c) The trade unions organizing the federation that signed the contract or joined
it after its conclusion.
d) Employers who joined the federation that signed the contract or joined it after its
being concluded.
Article 119
Labourers’ withdrawal or dismissal from the trade union shall not affect their being
subjugated and governed by the provisions of the collective employment contract if such
withdrawal or dismissal took place subsequent to the date of signing the contract or
joining it by the trade union.
Article 120
Those who have not entered into contracts from among the labourers trade unions or
federations, or employers or their federations, may join the collective employment
contract after the publication of its summary in the Official Gazette by the agreement of
both parties requesting the accession without any need for taking the consent of the main
contracting parties. The accession shall be made by virtue of an application to be
submitted to the competent Ministry duly signed by both parties. The approval of the
competent Ministry to the accession application shall be published in the Official Gazette.
Article 121
The collective or group employment contract signed by the firm’s trade union shall be
applicable to all labourers of the firm even if they are not members of such Trade Union,
this shall be without prejudice to the provision of Article (115) of this law in relation to
the most beneficial conditions to the labourer. As for the contract signed by a federation
or trade union with a specific employer, it shall be effective only to the labourers of the
relevant employer.
37
Article 122
The labourers & employers organizations which are a party of the collective
employment contract may file all cases arising out of the breach of the contract
conditions in favor of any member of such organization without need for a power of
attorney to be issued by him for this purpose.
SECTION III COLLECTIVE
LABOUR DISPUTES
Article 123
Collective or group labour conflicts are those disputes arising between one or more
employers and all his labourers or some of them because of labour or work conditions.
Article 124
If collective conflicts have arisen, both parties shall resort to direct negotiation
between the employer or his representative and the labourers or their representatives.
The competent Ministry shall have the right to delegate its representative to attend
these negotiations in the capacity of supervisor. In case that they reached a mutual
agreement among them, then such agreement should be enrolled with the competent
Ministry within 15days pursuant to the rules & regulations in respect of which a
resolution shall be issued by the Minister.
Article125
Either party to the dispute-if the direct negotiation did not lead to a solution may
submit an application to the competent Ministry for the amicable settlement of
such dispute through the Collective Labour Disputes Committee regarding of
which a resolution shall be issued by the Minster. The application should be
signed by the employer or his authorized representative or by the majority of the
dispute labourers or by whomever they authorize to represent them.
Article 126
The labour disputes reconciliation committee shall be formed from the following:
38
a) Two representatives to be selected by the employer trade union or the
disputing labourers.
b) Two representatives to be selected by the employer (s) who are a party
of the dispute.
c) Chairman of the Committee and representatives of the competent
Ministry to be appointed by the competent Minister by a resolution in which he shall
also specify the number of the dispute parties representatives. The committee may seek
the opinion of whoever deems useful for the performance of its task. In all the previous
stages, the competent Ministry may demand such information it deems necessary for
settling the dispute.
Article 127
The reconciliation committee shall complete its looking into the dispute within one
month from the date in which it receives the application. If it could solve the dispute,
totally or partially, it shall then evidence the agreed points in minutes to be prepared in
three copies to be signed by the attending parties. The agreement shall be deemed as a
final and binding agreement to both parties. However, if the reconciliation committee
is not able to settle the dispute within the prescribed period, then it shall refer the dispute
or refer the un-agreed upon points thereof, within one week from the date of the last
meeting of the committee, to the arbitration board duly accompanied with all the
documents.
Article 128
The arbitration board of collective labor disputes shall be formed as follows:-
1. A circuit of the court of appeals, to be annually appointed by the general
assembly of this court.
2. A head of prosecution to be delegated by the Public Prosecutor.
3. A representative for the competent
Ministry to be appointed by its Minister.
The parties of the dispute or their legal representatives shall appear before the
arbitration board.
39
Article 129
The arbitration board shall look into the dispute in a period not later than twenty (20)
days from the date of arrival of its papers to the Clerical Department. Either party to
the dispute should be notified of the session date at least one week prior to its holding;
and the dispute shall be decided on within a period not exceeding three months from
the date of the first session for looking into the dispute.
Article 130
The arbitration board shall have all the power and authorities of the court of appeal
pursuant to the provisions of the judiciary organizing law and the Civil & Commercial
Procedures Code. The arbitration shall issue justified and causative decisions which
shall be the same as those decisions issued by the court of appeal.
Article 131
As an exemption from the provision of Article (126) of this law, the competent
Ministry may, in the event of collective dispute and if the necessity so requires,
interfere without request by one of the dispute parties to settle the dispute amicably.
Also, it may refer the dispute to the reconciliation committee or arbitration board as it
deems appropriate.
The parties to this dispute, in this case, shall submit all the documents required by the
competent Ministry, and they shall appear, if so summoned, before the board.
Article 132
The parties of the dispute are prohibited to stop the work, totally or partially, during
the direct negotiation proceedings or before the reconciliation committee or the
arbitration board due to the interference of the competent ministry in the disputes
pursuant to the provisions of this Chapter.
CHAPTER VI
LABOUR INSPECTION & PENAL-
TIES
Article 133
The competent employees to be identified by the Minister by a resolution shall have
the authority of legal & judicial capacity to oversight the implementation of this law
and its executive rules, regulations & decisions. Those employees shall perform their
duties with due honesty, impartiality, persistence and they shall undertake not to
disclose the secrets of employers which they may have access to by virtue of their
40
work. Accordingly, each of them shall perform the following oath before the
Minister:
“I swear by Almighty Allah to perform my duties with due honesty, credibility and
impartiality, and to keep top confidential the information which I may have access
to by virtue of my work even after the end of my service”.
Article 134
The employees referred to in the previous Article shall have the right to enter work
places during the firm’s official working hours, and to have access to all books &
records, and to request such data & information related to manpower affairs, Also,
they shall have the right in this connection to check and take samples of the
circulated materials for analysis purpose; and they shall further be entitled to enter
such places allocated by employers for labour services purposes, and they may seek
the assistance of the public force for the execution of the functions of their tasks.
Moreover, those employees shall have the right to repareminutes on the
contraventions committed by employers and to grant them the necessary period for
rectifying the relevant contravention, and to refer the prepared minutes on such
contraventions to the competent court so as to impose the punishment provided for
in this law
Article 135
The inspection employees, if the employer is in breach of the provisions of Articles
(83, 84, 86) of this law and the promulgated resolutions in its implementation in such
a manner that threatens by environment pollution, harmful to the public health or the
safety & health of labourers, may prepare minutes on the relevant contravention and
refer it to the competent Minister who shall have the right, in coordination with the
competent authorities, to issue a resolution on the lockout of the business concern,
totally or partially, or to stop the use of a certain machine(s) till the rectification of
such contravention.
Article136
The employees who are authorized to conduct the inspection shall have the authority
to issue notices on the committed contravention by the labourers working without a
specific work center, and they shall have, in this respect, the right to seek the
assistance of the public authorities and to coordinate with the concerned authorities
regarding the goods left by any of the said labourers and whose owners cannot be
identified.
41
SECTION II
PENALTIES
Article 137
Prejudice to any other harder penalty provided for in any other law, whoever violates
the provisions of Articles (8, 35) herein, shall be punished by a penalty of not more
than KD 5001-. In case of repeating the same act within three years from the final
judgment date, the penalty shall be doubled.
Article138
Without prejudice to by any harder penalty provided for in any other
law, whoever violates the provision of paragraph (3) of Article (10) of
this law shall be punished by imprisonment for not more than three years and a fine
not more than KD 1,000/or with both penalties.
Article 139
In case of breach to the provisions of Article (57) herein, an employer shall be
punished by a penalty not exceeding the total of labourers dues which he fails to pay,
without prejudice to his obligations to pay these dues to the labourers in the same
procedures provided for in Article (57) hereinabove.
Article 140
Without prejudice to any harder penalty provided for in any other law,
whoever fails to enable the competent employees specified by the Minister to
perform their duties provided for in Articles (133, 1.34) herein,
shall be punished by a fine not to exceed KD 1,000/-.
Article141
Without prejudice to any harder penalty provided for in any other law, whoever
violates the remaining provisions of this law and the executive resolutions thereto
shall be punished as follows:
42
a) The party in breach shall be given a notice to rectify the contravention within
the period specified by the Ministry provided that it shall not be more than three
months.
b) If the contravention is not rectified or remedied within the prescribed period, the
violating party shall be punished by a penalty of not less than
KD 100/- and not more than KD 200 /- per every labourer against whom the penalty
is committed. In the event of repetitions, within three years from the date of the
final judgment, the penalty should be doubled.
Article 142
Whoever violates the writ of suspension or closure issued pursuant to the
Provisions of Article 135 herein without remedying the contraventions notified to
him by the competent employees, shall be punished by imprisonment for a period
not exceeding six month and a fine not more than KD 1000/-, or with one of ‘ the
two penalties.
CHAPTER VII
CONCLUDING PROVISIONS
Article 143
A ConsultantCommittee for Labour Affairs shall be formed by a resolution by the
Minister consisting of representatives of the Ministry, Manpower Restructuring &
State Executive Body Program, Employers & Labourers organizations and whoever
the Minister deems appropriate, whose task is to give opinion on the issues presented
to it by the Minister. The resolution shall also issue the necessary procedures for
inviting the committee for meeting, work therein and how to issue its
recommendations.
Article 144
Upon denial, the actions filed by the labourers under the provisions of this law, after
the lapse of one year from the employment contract expiry date shall not be heard.
43
The provisions of Clause (2) of Article (442) of the “Civil Code shall be applicable
to denial. The actions filed by labourers or their beneficiaries shall be exempted from
the judicial fees. However, the court- upon rejecting such actions -may bind the party
who files the case to pay all or part of the expenses. Labour cases shall be looked
into forthwith on prompt summary basis.
Article 145
As exemption from the provision of Article (1074) of the Civil Code, the rights of
labourers prescribed according to the provisions of this law shall have preference &
priority over all employers’ money, such as movables & real estates, except private
residential dwellings. These amounts shall be collected after the legal expenses, the
due amounts for the public treasury, and document keeping and repair costs.
Article 146
A case should be preceded by application to be filed by the labourer or his
beneficiaries to the competent labour department which shall summon the dispute
parties or their representatives to appear. If the department could not reach an
amicable settlement, it shall refer the case, within one month from the case
submission date, to the Court of First Instance to decide on it. The referral shall be
made by a memorandum comprising a summary of the dispute, pleadings of both
parties and comments of the department.
Article 147
The Clerical Department at the Court of First Instance shall, within 3 days from the
receipt of the application, schedule a session for looking into the case which shall be
notified to both parties of the dispute.
Article148
The Minister shall issue the necessary rules, regulations & decisions for
implementing this law within six months from the date of publishing this law in the
Official Gazette, in consultation with employers and labours.
Article 149
44
Law No. 38 of 1964 on the Private Sector Labour shall be repealed and the labourers
shall reserve all the rights arising thereof before its cancellation; and all the
implementing resolutions thereof shall remain applicable in such a manner which
is not contradictory to the provisions of this law till the issue of the executive rules,
regulations, decisions and bylaws for this law.
45
Article 150
The Prime Minister and Ministers, each within his jurisdiction, shall implement this
law which shall be operative as from the date of its publication in the Official
Gazette.
AMIR OF KUWAIT SABAH AL
AHMED AL JABER ALSABAH
Issued at Sief Palace on : 26thSafar,
1431 H. Corresponding to : lOth
February, 2010 A.D.
46
Essay Writing Service Features
Our Experience
No matter how complex your assignment is, we can find the right professional for your specific task. Achiever Papers is an essay writing company that hires only the smartest minds to help you with your projects. Our expertise allows us to provide students with high-quality academic writing, editing & proofreading services.
Free Features
Free revision policy
$10Free bibliography & reference
$8Free title page
$8Free formatting
$8How Our Dissertation Writing Service Works
First, you will need to complete an order form. It's not difficult but, if anything is unclear, you may always chat with us so that we can guide you through it. On the order form, you will need to include some basic information concerning your order: subject, topic, number of pages, etc. We also encourage our clients to upload any relevant information or sources that will help.
Complete the order form
Once we have all the information and instructions that we need, we select the most suitable writer for your assignment. While everything seems to be clear, the writer, who has complete knowledge of the subject, may need clarification from you. It is at that point that you would receive a call or email from us.
Writer’s assignment
As soon as the writer has finished, it will be delivered both to the website and to your email address so that you will not miss it. If your deadline is close at hand, we will place a call to you to make sure that you receive the paper on time.
Completing the order and download