Protecting Employee Rights in Kuwait
Employee Rights under Kuwait Labour Law are protected by the state. The government is keen to safeguard the rights of both citizens and expatriates. This is achieved by establishing laws that regulate the relationship between workers and employers. Violating these laws leads to penalties and fines. The following sections detail all aspects of worker rights in Kuwait.
Dar Al-Tawajoh Law Firm provides guidance on these rights. They cover both citizens and expatriates. These rights are outlined in Kuwait Labour Law No. 6 of 2010.
Key Employee Rights
The Kuwaiti Labour Law outlines several fundamental rights for all employees. These rights ensure a fair and safe working environment.
Working Hours and Overtime
Working hours must not exceed 8 hours daily. Overtime work is permitted. However, it should not exceed two hours per day.
Wages and Rest Days
The employee is entitled to receive the minimum wage. This minimum wage is set for the private sector. The worker is also entitled to one paid rest day per week. This applies after working for six consecutive days.
Leave Entitlements
Employees are entitled to various types of paid leave. This includes sick leave and Hajj leave. They also receive annual leave and bereavement leave. Female workers are granted maternity leave.
End-of-Service Benefits
Workers are entitled to an end-of-service indemnity. This is paid upon reaching the retirement age. It is also paid when the contract term ends. This applies to the agreement between the worker and the employer.
Safety and Social Security
Employers must provide a safe workplace for workers. They must also ensure safety procedures are applied. This protects workers while performing their duties. Employers must subscribe to social insurance. This provides medical services to workers. This is for cases of illness or work-related accidents.
Union Membership
Workers have the right to join labor unions and associations. These are established in the state. This is in accordance with the Kuwaiti Labour Law.
End-of-Service Indemnity Calculation
Dar Al-Tawajoh Law Firm at 94959511 can clarify the standards. These standards are used to calculate the value of the due indemnity. This indemnity is a key part of Employee Rights under Kuwait Labour Law.
Experience and Salary
The worker’s experience is a factor. The due indemnity is calculated based on the number of years of service. The indemnity is calculated based on the current salary. This is the salary at the time of service termination. Previous salary values are not considered.
Additional Allowances
Housing allowances for the worker are included. Any incentives are also added to the end-of-service indemnity.
Indemnity Calculation Methods
The method for calculating the value differs. It depends on the type of employment contract.
Part-Time Employment
If the worker is paid daily, weekly, or hourly, the calculation is different. The end-of-service indemnity equals 10 days’ pay for the first five years of service. The value increases to 15 days’ pay for each year. This applies if the service exceeds five years. The maximum indemnity is one full year’s pay.
Monthly Employment
If the worker is paid monthly, they are entitled to an indemnity. If they work for five years, they receive 15 days’ pay for each year. If the service period is more than five years, the indemnity is 30 days’ pay for each year. The total indemnity must not exceed one and a half years’ salary.
Conditions for Indemnity Entitlement
Employee Rights under Kuwait Labour Law specify conditions. These conditions must be met to be entitled to the end-of-service indemnity.
Service Duration
The service period must not be less than three consecutive years. It can also be over intermittent periods.
Termination Notice
The service must be terminated by a notice from the employer. It can also be terminated by a notice from the worker.
Compliance and Insurance
The worker must not have committed any violations. These violations should not have resulted in financial loss to the employer. The worker must not have benefited from unemployment insurance. They should also not have benefited from social insurance or retirement benefits.
Expatriate Indemnity Procedure
Expatriates must follow specific steps. This is done after the contract term ends. This ensures they receive their due indemnity.
Required Visits and Documents
The worker or their representative must visit the Civil Service Commission headquarters. They must bring a copy of the employment contract. A document detailing the income value is also required.
Forms and Clearances
The settlement form must be filled out with the required data. The end-of-service declaration must be signed. A notice of leaving work must be submitted. A copy of the expatriate’s passport must be attached. Proof of residency cancellation is required. Documents proving the payment of all obligations to the Ministries of Electricity and Water must be presented.
Legal Assistance
The company can be utilized to represent the worker. This is done before the competent authority. This helps in carrying out the required procedures. Contact 94959511 for assistance.
Dispute Resolution Authorities
Employee Rights under Kuwait Labour Law cover dispute resolution. In case of disputes between workers and employers, the worker can file a formal complaint. This complaint can be submitted to one of the following authorities.
Public Authority for Manpower (PAM)
The official website of the Public Authority for Manpower must be accessed. The complaint is submitted there. Required documents must be attached. The complaint is then investigated. The authority works to reach an amicable solution. This is between the worker and the employer. This is done according to the legal frameworks applied in the state.
The General Court
If the amicable resolution fails, the General Court is the next step. This court is specialized in labor disputes. It is advisable to seek a seasoned lawyer. This lawyer can represent the worker before the court. This ensures the worker receives their full rights.
See also : Insurance Law Specialist
Types of Labor Disputes
The specialized lawyer represents the worker before the court. This is in case of one of the following disputes.
Unjust Dismissal
This involves the arbitrary dismissal of the worker. This happens without a legal justification. This results in harm to the worker’s interests.
Contract Violations
The employer may violate the Labour Law. They may impose arbitrary conditions on the worker. An example is increasing working hours beyond the stipulated limit.
Financial Claims
Failure to pay financial entitlements is a common dispute. This includes the end-of-service indemnity. This is due to the worker upon termination of service. Workers also have the right to file a complaint. This is when there is a refusal to pay their due wages and salaries.
Conclusion
The Kuwaiti Labour Law has been amended. This was done due to the large number of expatriate workers in Kuwait. The law aims to clarify and protect Employee Rights under Kuwait Labour Law. It is constantly updated for the benefit of private sector workers. It places the relationship between the employer and the worker within a legal framework.