The following document refers to the Kuwaiti Labour Code, which regulates workers in the private sector. If you work in a private company, you benefit from the rights guaranteed by the Labour Code. Employees can enjoy one day off per week. However, employers may require employees to work on their day off. In this case, an employee is entitled to at least 150% of the per diem rate of base pay or another compensation agreement that benefits the employee. In 2015, Kuwait published a new model contract for migrant workers, and a 2016 administrative decision allowed some migrant workers to transfer their sponsorship to a new employer after three years of work without their employer`s consent. However, these reforms do not include foreign domestic workers. Two-thirds of Kuwait`s population are migrant workers who, despite recent reforms, remain vulnerable to abuse. In January, the Philippines temporarily banned Filipinos from emigrating to Kuwait to work until an investigation into the deaths of seven domestic workers was opened. In May, the two countries agreed on additional legal protection for Filipino workers in Kuwait. Are you interested in pursuing a career in Kuwait? Look no further, because in this article I will share with you just about everything you need to know about the labor law of the country famous for its hot sand dunes! First, you need to understand two things: first, there are three legal codes that govern Kuwait`s labor laws; Second, labor laws for government employees regulate the terms and conditions of employment of civil servants. If employees wish to change jobs with the employer`s permission, the following guidelines apply: For employees who are paid by the hour, daily, weekly or piecemeal, the end-of-service bonus is equal to ten days` pay for each year of service in the first five years of service and 15 days` pay for all remaining years of service. The total amount may not exceed the total annual salary.
Migrant domestic workers remain vulnerable to abuse and exploitation and can be arrested for “absconding” by an employer, mainly because of the kafala system that ties their visas to their employers. With regard to the private sector, the MSAL (Ministry of Social Affairs and Labour) is responsible for the implementation of labour regulations. In addition to domestic workers, people on fixed-term contracts and workers who have worked less than six months, this applies to all private sector actors. However, private sector labour laws do not apply to employees working in companies headquartered outside Kuwait. That is, unless there is a branch in the country. For immigrants working in Kuwait, the private sector law of the country where they are headquartered will be the determining factor. In 2015, the National Assembly passed a law that grants domestic workers the right to one day off weekly, 30 days of paid annual leave, a 12-hour working day with a rest period, and end-of-service pay of one month`s salary for each year of work at the end of the contract. In 2016 and 2017, the Ministry of Interior adopted regulations implementing the law and ordered employers to pay compensation for overtime.
The ministry also issued a decree setting a minimum wage of KD 60 (US$200) for domestic workers. Whether you or your employer, who among you decides to make the company one less employee than before, must compensate your counterpart for the money lost during the notice period, for example if you decide to leave the ship, there is a good chance that you are legally responsible for paying the company what it would have earned, if you had stayed for the duration of the contract. The decree stipulates that work permits that must be renewed remain valid for a maximum of three years. (Art. 32.) In addition, the decree prohibits employers in the private sector and the oil sector from withholding the passports of foreign workers. (Art. 38.) Kuwaiti authorities decreed an amnesty in April 2020 that allows migrant workers who have overstayed their visas or were undocumented to leave the country without paying fines and re-enter the country in the future. You can only live and work in Kuwait with a residence permit. You cannot work with other visas, such as a family visa or a dependent visa. You can only get a residence permit after your employer has taken out health insurance for you. After receiving your residence permit, your employer must obtain an identity card (identity card) for you.
The residence permit and identity card are proof of your legal status in Kuwait.