If you plan to work in Kuwait, or another foreign country, it is best to know their Labour Code. Knowing the do’s and don’ts in a country will allow you to take advantage of the benefits such as sick leave and vacation leave. Being aware of the law also prevents you from breaking the law at any point of time.
Kuwait Labour Law includes all essential rules and regulations that an employee needs to be aware of before accepting the job contract. However, it may be amended from time to time. Hence, these need to be verified constantly, and the laws mentioned herein should be considered only as a guideline.
Three main legal codes govern labour conditions in Kuwait. The employment conditions of civil servants are regulated by the Labour Law for Government employees. Those working in the oil industry are protected by the Labour Law of Oil Sector. Similarly those working in the private sector are governed by Labour Law of Private Sector. People in domestic services, such as chauffeurs and maids, are not governed by any particular code, and will have to depend on general principles of law.
Private Sector Labour Law
All labour regulations in private sector are enforced by Ministry of Social Affairs and Labour (MSAL). The law is applicable to all private sectors except the following – domestic servants, workers on temporary contractors and workers working in less than six months. The private sector labour law is also not applicable to employees whose head office is located outside Kuwait, unless the company has a branch office in Kuwait. Immigrants working in Kuwait will be governed by the private sector law of the country where their head office is located.
Employment Contract
The written employment contract is to be signed before accepting any job in Kuwait. The contract will contain the employee’s terms of service. A fixed time or indefinite terms of service may be given by the employer to the employee. The term of service which does not exceed five years is considered a fixed time.
An employment contract gives a fair idea about the description of the job, date of appointment and service length (if fixed), and remuneration payable. Arabic is the medium of language used for written contracts. A contract translated into another language may be attached when resolving disputes, but, the court of law will take into consideration only the Arabic version.
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