I'm raising money for a cause I care about, but I need your help to reach my goal! Please become a supporter to follow my progress and share with your friends.
Subscribe to follow campaign updates!
The latest labor law in Kuwait was issued in 2010 and is still in effect to this day. It is a law that clarifies all the rights and obligations of workers and employers in the private sector. It also explains how to deal with labor disputes and details of the employment of women, minors, and others.
The Kuwaiti Labor Law includes 150 articles that regulate the relationship between workers and employers in the private sector, and the Public Authority for Manpower is responsible for verifying that all parties comply with this law.
According to the current labor laws in Kuwait, the minimum salary is 75 KWD per month for all workers in the private sector or the oil sector, and salaries become higher with increasing years of experience and other factors.
The service ends in the Kuwaiti Labor Law in any of the following cases:
● The employment contract shall terminate if the employer decides to dismiss the employee for any of the following reasons:
○ If the labourer commits a fault that resulted in a gross loss to the employer.
○ If it is evident that the labourer has used any fraudulent act or cheating to obtain the work.
○ If the labourer discloses any secrets related to the firm he works for which caused or could have caused certain losses to it.
○ If the labourer has been convicted of acrime affecting honor, honesty or morality.
○ If he commits an act against the public morals in the place of work.
○ If he commits any assaults upon a fellow worker, the employer or his representative during work or because of work.
○ .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.
○ 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.
● 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 the contract is made for an unlimited period, either of the two parties may terminate it after giving notice to the other in writing
● The worker may terminate the employment contract on his part in any of the following cases without notifying the employer:
○ If the employer does not abide by the provisions of the contract and the law.
○ If an assault is committed against him by the employer or whoever represents him or by instigation or incitement by either of them.
○ 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.
○ 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.
○ If the employer charges the labourer of committing a criminal act and a final judgment is issued and declared his innocence.
○ If the employer or whoever represents him has committed an act that violate the morals against the labourer.
● 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.
● The employment contract ends with the death of the worker.
● The employment contract ends if it is proven that the worker is unable or incapable of performing his work or due to an illness that consumes his sick leave, as certified by the competent official medical authorities.
● Issuance of a final court judgment that declares the bankruptcy of the employer.
● The final closure of the firm.
The Kuwaiti Labor Law allows women to work, provided that this is not before 7:00 AM or after 10:00 PM, with the exception of some institutions. It also prohibits women from working in dangerous, arduous, or health-damaging work, and the law grants them many rights.
Through Kuwait Indemnity Calculator, you can calculate the end of service gratuity according to the current labor law. The following is the method for calculating this gratuity:
● Indemnity for the First Five Years = ( Daily Salary × 10 ) × Number of Years
● Indemnity for Years Exceeding Five = ( Daily Salary × 15 ) × Number of Exceeding Years
● Indemnity for months and days beyond full years for service less than 5 years:
○ Monthly Indemnity = ( Number of Months ÷ 12 ) × ( Daily Salary × 10 )
○ Daily Indemnity = ( Number of Days ÷ 365 ) × ( Daily Salary × 10 )
● Indemnity for months and days beyond full years for service more than 5 years:
○ Monthly Indemnity = ( Number of Months ÷ 12 ) × ( Daily Salary × 15 )
○ Daily Indemnity = ( Number of Days ÷ 365 ) × ( Daily Salary × 15 )
● Paid Leave Balance Amount for Indemnity = ( Number of Paid Leave Days ) × Daily Salary
● Total Indemnity = First 5 Years Indemnity + Exceeding Years Indemnity + Monthly Indemnity + Daily Indemnity + Paid Leave Balance Amount
According to Kuwaiti Labor Law, the worker’s probation period is specified in the employment contract, provided that it does not exceed 100 working days. Either party may terminate the contract during the probation period without prior notice.
Normally, a worker may not work more than 48 hours per week or 8 hours per day. Working hours during the month of Ramadan are reduced to 36 hours per week, and anything beyond that is counted as overtime hours.
According to the Kuwaiti Labor Law, the worker may work an additional period by written order from the employer if the additional work is necessary to prevent a serious accident, to repair what resulted from accidents, to avoid a certain loss, or to meet some work.
The number of overtime hours may not exceed two hours per day, with a maximum of 180 hours per year, and must not exceed 3 days per week and not exceed 90 days per year.
The Kuwaiti Labor Law provides the employee with several official holidays with full pay, which are shown in the following table:
● Hijiri New Year Day.
● Ascension (Isra & Miraj) Day.
● Eid Al Fitr - Lesser Bairam.
● Waqfat Arafat Day.
● Eid Al Adha - Greater Bairam.
● Prophet Birthday.
● National Day - 25th February.
● Liberation Day - 26th February.
● New Gregorian Year.
Below are the details of work injuries according to the Kuwaiti Labor Law:
● 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:
○ The Police Station of the area under whose jurisdiction the place of work is situated.
○ The Labour Department under whose jurisdiction the place of work is situated.
○ 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.
● 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.
● 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.
● 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.
● A labourer shall lose his right to the compensation for the injury if the investigation proved that:
○ The labourer has willfully injured himself.
○ 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.
● 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.
● The worker or his beneficiaries shall receive the compensation stipulated by law from the General Organization for Social Insurance or the insurance company insured by the worker, as the case may be, and each of them shall have the right to demand that the previous employers fulfill their obligations.
According to the Labor Law, labor disputes are dealt with by submitting a complaint to the Public Authority for Manpower, so that the Authority can take responsibility for reviewing the complaint, verifying its validity, and then issuing decisions and rulings related to it.
Through the Kuwait How website, you can access the indemnity calculator based on the Kuwaiti Labor Law, in addition to knowing many other details about it, which is a law that clarifies all the rights of workers and employers in Kuwait.
Sign in with your Facebook account or email.