Kuwait Labor Law

Kuwait Labor Law

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 beneficia !to the labourer

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 goveming the relationship between them and their employers.

Article (6)
Without prejudice to any other better privileges and rights prescribed for labourers in their individuai 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.

Chapter Two
Employ ment , Apprenticeshi p and VOCATIONAL TRAINING SECTION I : EMPLOYMENT

Article (7)
Tue 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)

The employer is banned to employ foreign labour force unless they are duly authorized by the Competent Authority to work for him. The Minister sball issue a decision on the rules, documents and fees to be cbarged from the employer. In case of refusal, the refusal decision shall be reasonable.
Furthermore, the refusal decision shall not be relevant to the capitai 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 tbe expenses for returning tbe 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 bis bome country, upon registering an absconding notice against tbe worker by bis main sponsor.


Article (11)
Both the Ministry and tbe competent authority shall be banned to exercise any segregation or preferential treatment while dealing with employers conceming the issuance of labour permits or transfers, for instance by issuing tbese permits to some employers and refusing this to other employers under any reasons or excuses. The Ministry sball 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.

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 oflearning 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 leaming 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 leam.
Likewise, the apprentice may also tenninate his contract, provided that the party who is willing to terminate 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 fum 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.

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 finn or more to provide training for labourers in other centers or institutes if the first firm hasn't got training centers or institutes.

Article Cl 7)
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 finn.


Article (18)
The professional apprentice and labourer trainee shall be obliged, after the completion of his leaming 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 tenn of not more
than five years. lfhe 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

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 medicai 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 piace of work.
The officiai work hours during Holy month Ramadan shall be excluded from the above prov1s1ons.


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

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 matemity 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 matemity leave or discontinue ber 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 officiai 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.

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. Inthe 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.

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.


Artide (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 accmed dues arising from the previous contract.

Section 2
Obli gations of LABOURER and Employers REGULATIONS ANDPENALTIES

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 mles 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 bis the employer to whom the work is

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. Inthe 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- Tue regulations shall specify the contraventions which may be committed by workers.
b- They shall include progress penalties for contraventions.
e- 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. Tue Ministry may amend these regulations according to the nature of the finn activityor work conditions in such a way which is in line with the provisions of this law. Tue Ministry shall present these regulations to the competent organization, if any. Ifthere 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.

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. Ifthe 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, economie and cultura!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.

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 finn 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 piace 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.
e) 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 materiai and moral damages incurred by him. Inall 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.

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)
Ifthe 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.
e) Ifthe 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) Tue 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.

Article (45)
Tue 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)
Tue 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)

lf 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 tenns 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) lf the employer does not abide by the provisions of the contract and the law.
b) lf an assault is committed against him by the employer or whoever represents him or by instigation or incitement by either of them.
e) lf 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) Ifthe employer or his representative has introduced any act of cheating or fraud at the time of contracting in relation to the contract conditions.
e) lf the employer charges the labourer of committing a criminal act and a final judgment is issued and declared his innocence.
f) Ifthe employer or whoever represents him has committed an act that violate the morals against the labourer.
Article (49)

Tue 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
Tue 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 finn.
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
Tue 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 Inthis 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.

Article 52
Without prejudice to tbe provisions of Article (45) of this law, the labourer sball be entitled to the terminal service indemnity, as stipulated in tbe previous Article, in full in the following cases:
a) If tbe contract is terminated by the employer.
b) Upon the expiry of tbe term of the limited contract period witbout being renewed.
c) If the contract is terminated according to tbe provisions of Articles (48, 49, 50) of tbis law.
d) If tbe female labourer terminates tbe contract from her part due to her marriage within one year from the date of sucb marriage.

Article 53
The labourer sball bave tbe rigbt to receive balf the terminal service indemnity, as stipulated in Article (51), if be terminates tbe unlimited period contract from bis own part, and tbe term of bis service is not less tban three (3) years and did not complete five
(5) years. If the period of bis service has reacbed five (5) years and did not complete ten
(10) years, tben be sball be entitled to two-tbirds of tbe indemnity. If tbe term of hisser, vice has reached ten (1O) years, be sball then be entitled to the full indemnity.

Article 54
Tbe labourer wbose work contract has expired sball obtain from the employer a service termination certificate wbicb consists of a statement of bis period of service, profession and the last salary be obtained. This certificate shall not include any expressions whicb may harm tbe labourer or it may be issued in such a form that may reduce the cbances of work before bim, wbetber explicitly or implicitly. The employer sball return to the labourer any documents or certificates wbicb may be submitted by bim.


CHAPTER IV
LABOUR SYSTEM & CONDITIONS SECTION I : WAGES

Article 55
The word wage denotes tbe basic salary received or should be received by tbe worker against or because of bis work in addition to all tbe elements stipulated in tbe contract or employer's rules & regulations.
Witbout prejudice to the social allowance and cbildren allowance prescribed according to the above mentioned Law No. (19) of 2000, the allowances,

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.

Artide 60
The labourers shall not be obliged to buy any foodstuff or commodities from certain shops or to buy from the employer's products.

Artide 61
Tue employer shall undertake to pay the salaries of his labourers during the dosure period if he intentionally doses the finn 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 finn is dosed, 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.

Artide 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.
Tue 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.

Artide 63
Tue 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


Artide 64
Without prejudice to the provisions of Artide (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.

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) Tue 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 approvai 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. Tue 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. Tue 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.

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.


Artide68
Tue officiai holidays granted to a labourer with full pay are:
a) Hijiri New Year Day -One day
b) Ascension (Isra & Miraj) Day -One day
e) 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 officiai holidays, he shall be paid a double wage together with an alternative compensation day.


Artide 69
Without prejudice to the provision of Artide 24 herein, the labourer shall have the right to the following sick leaves during the year:
- 15 days - with full wage
- 1O days - with three quarter wage
- 1O days- with half wage
-1O days - with quarter wage
-30 days - without wage
Tue 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 medicai doctor certificate shall be approved. In relation

to the serious diseases which are difficult to cure, then such diseases shall be exduded by a decision from the competent Minister in which he shall specify the type of such diseases.


SECTION III
PAID ANNUAL LEAVES


Artide 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 tbe completion of at least nine months in the service of his employer. Official bolidays and sick leave days penetrating the leave sball not be counted in the annual leave. The labourer shall have the rigbt to leave for tbe fractions of the year in proportional to tbe period spent inwork, even if during the first year of service.


Artide 71
The labourer shall have tbe rigbt to be paid bis due salary for the annual leave in advance before obtaining his leave.

Artide 72
The employer shall have the rigbt to determine the annual leave date, and may grant it partially upon securing the consent of tbe labourer after tbe expiry of the first fourteen days tbereof. Tue labourer sball bave tbe right to accumulate his leaves on condition that tbey sball not exceed the leaves of two years. Also, the labourer may obtain the leave in one time upon the approval of tbe 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 tbe above Articles (70) & (71), tbe labourer shall bave tbe rigbt to receive a casb equivalent against bis accumulated annual leave days upon tbe expiry of the contract.

Article 74
Without prejudice to tbe provisions of tbe above Article 72, the labourer shall not have tbe rigbt to assign his annual leave, with or witbout compensation. Tbe employer shall bave tbe rigbt to reimburse from tbe labourer any salary paid by bim against the leave if it is proven that he is working during bis leave with another employer.

Artide 75
The employer may give the labourer a paid leave for education in order to obtain a bigher qualification in tbe field of his work, provided tbat the labourer sball be obliged to work for tbe employer a period equal to tbe education leave period wbich sball not exceed five (5) years period. Ifthe labourer is in breacb of tbis condition, be shall be obliged to reimburse the salaries received by bim during tbe leave period in proportion to tbe remaining period to be spent by the labourer in the work.


Article76
Tbe labourer wbo completes two continuous years in the service of his employer sball be entitled to a paid leave of 21 days for performing Haj rituals, provided that be sbould not bave previously performed tbe Haj.


Article 77
The labourer sball bave tbe right to a leave with full pay of three days upon the deatb of a first or second grade relative. A female Muslim labourer wbose busband expires shall be entitled to a fully paid leave of four months and ten days as from tbe date of deatb for tbe period of waiting (iddat), provided that sbe shall not practice any work with a tbird party for tbe entire leave period. The conditions for granting sucb leave sball be organized by a decision from tbe Minister. Also, a non-Muslim female labourer wbose husband passes away sball be entitled to be paid a full leave salary of twenty one (21) days.



Article 78
The employer sball bave tbe rigbt to grant tbe labourer a fully paid leave for attending Labour Periodic Conferences & Socia!Gatherings. The Minister sball issue a decision on tbe conditions, rules & regulations organizing this kind of leave.


Article 79
The employer may grant tbe labourer, upon bis request, a special leave without pay in addition to the abovementioned other leaves.

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 officia! 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. Tue 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.

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 waming signboards to be fixed in conspicuous places in the work center, and the persona! 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.

SECOND BRANCH WORK INJURIES & OCCUPATIONAL DISEASES

Article 89
Upon obtaining the opinion of the Upon the enforcement of the work injuries insurance tenns & conditions as per the Socia!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) Tue Police Station of the area under whose jurisdiction the piace of work is situated.
b) The Labour Department under whose jurisdiction the piace of work is situated.
C) Tue Public Institution for Socia!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 conceming 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 medicai report within one month from the date of being informed thereof before the Medicai Arbitration Committee at the Ministry of Health.

Article 92
Every employer shall provide the Ministry of Health with statistieal 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 injuréd 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

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 Artide (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 daim the previous employers to honor their obligations as provided for in paragraph (1) of this Artide.


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.

Artide 99
All Kuwaiti labourers shall bave 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 concem. Similarly, employers may form federations for the same objectives.

ArtidelOO
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.

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 pùrsuant 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. Tue legai 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:

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 approvai of employers and the competent authorities in the country, to open canteens & restaurants

Article 106
Tue declared federations under the provisions of this law may form among them generai federation provided that there shall not be more than one generai federation for each of the labourers & employers. Upon forming the federations & generai federation, the same procedures related to trade unions' formation should be followed.


Article107
Federations, the generai federation and trade unions shall have the right to accede to Arab or intemational federations which they believe that their interests are related thereto, provided that they shall inform the Ministry of the accession date. In ali cases, they shall observe in this regard that such accession should not violate the public order or the State public interest.