The Complete Expat Guide to Kuwait Labour Law

Kuwait’s Labour Law informs public services to expatriates in terms of technical definition for contracts of employment, working hours & wages while at the initiation of work. Therefore, it becomes more imperative to know your facade rights & duties for a fair & just treatment during your employment in Kuwait. This guide reveals the relevant small details of the labor law provisions every expatriate should know about.

Work Visa & Residency Permit Requirements

Without a work visa & residency permit, an expatriate will not be able to work in Kuwait legally. The work visa is usually granted by the sponsor employer via the employment contract. An expatriate needs to renew his work visa from time to time during his continuing employment & he must also keep the residency valid throughout his stay to avoid penalties or deportation.

Key Provisions of Kuwait Labour Law

Below is a list of the most important provisions of the Kuwaiti Labor Law:

• The Overtime : Regulation states that employers are allowed to require employees to do overtime, not exceeding 180 hours in a annum. The company will compensate overtime work with a 125% wage on weekdays and 150% on the weekend. Written consent must be provided to employees for performing any overtime work.
• Maternity Leave: Female employees are entitled to paid maternity leave for 70 days. The law prohibits females from working in most sectors between 10 PM & 7 AM. If they require additional unpaid leave upon the completion of their maternity leave, it is subject to employer approval.
• Annual Leave: Employees earn twenty-five days of paid annual leave for every year of completed service. Although they may carry the leave forward, they must utilize it within two calendar years. In addition to annual leave, employees receive eight fully paid public holidays each year. These holidays are separate from the regular leave entitlements.
• Transfer of Sponsorship: Expatriate workers can transfer their labor permits to a new employer after one year of service, provided that they meet certain criteria, including the submission of a termination report from the employer & payment of a transfer fee. The transfer process is regulated to ensure fair treatment.
• Employee Privacy: Employees’ privacy must be respected & safeguarded. Employers do not have the right to access & use any personal information of employees without the consent of said employees. Restrictions applied to the usage of any personal items belonging to employees, such as pass bars, exist for employers under this provision.

Standard Working Hours & Overtime Regulations

According to Kuwait’s Labour Laws, the maximum number of working hours is 48 hours per week, usually divided into six days, & a maximum of 8 hours per day. Employers would pay for time spent in excess of working hours with an additional payment per hour for overtime. They must check this to comply with the law.

Annual Leave & Sick Leave Entitlements

Kuwait permits expatriates to an annual paid leave of around 30 days per year, as per the employment contract, which shall be applicable to employees. Sick leave is also applicable to employees-the first 15 days paid for it & then paid at a lower rate for another period. This is mostly introduced for work-life balance & health security.

End-of-Service Benefits Calculation

It is carefully calculated according to the number of years the employee has spent with the company & based on his/ her current salary at the time of leaving. According to the Labour law of Kuwait, it entitles the employee to severance pay if he/she has completed 3 years of service. The Kuwait Indemnity Calculator can be used to determine the approximate value of the gratuity under the labor law.

Probation Period Regulations

The labour law of Kuwait allows for probation which would not go for three months & during such a period of probation, either party can terminate the employment without notice or compensation. The employment contract should properly define the terms of probation regarding expected job performance to avoid disputes later on.

Termination Rules: Employer vs Employee Rights

Kuwait’s Labour Law has certain termination rules with which an employer or employee must comply, covering notice periods & compensation. Sometimes a manager may terminate an employee for a valid reason, such as poor performance or misconduct, while in other instances, the company may reinstate and compensate an employee for wrongful termination. The employee resigning must also give notice upon his/her desire to leave the job.

Salary Payment Laws & Wage Protection System

Kuwait enforces a Wage Protection System (WPS) to ensure timely salary payments for all employees. Employers must pay salaries via bank transfer and ensure they remunerate workers according to their contract terms. Workers may lodge complaints about salary delays with the Public Authority for Manpower if they fail to resolve the issues.

Salary inquiries for workers in Kuwait

Through the Salary Certificate service on the Civil Service website or app, public sector employees can obtain their actual salary value. In the private sector, employees can go to the Human Resources department to find out the salary value.

Handling Labour Disputes & Legal Recourse

In all cases of labour disputes, workers may lodge complaints with the Public Authority for Manpower. The Authority acts as an intermediary between the employees & employers for every dispute. In case of any disputes that remain unresolved, the employees can seek further legal redress and compensation from the courts of Kuwait.

Conclusion

Knowledge of labour law in Kuwait is essential for expatriates, affording them the opportunity to safeguard their rights & respond positively to the working environment. An employer & employee creating a mutually respectful environment & relationship simply follows the rules set out by the Labour Law. By visiting the Kuwait E-Portal, you can learn everything an expatriate worker in Kuwait needs.