Saturday, July 30, 2011

New Kuwait Labor Laws PDF


Since it's my only day off I thought I would catch up on some new things before I hit the sack. Here is the link to the updated Kuwait Labor Laws manual. It's a lot of reading so I will have to take my time reading it. I like to be up to date with regards to law although companies on Arifjan pick and choose which Kuwait laws they follow so we are SOL when it comes to rights. DO we go by Kuwaiti laws or U.S. laws? That's always the question.

I just want Kuwaiti holidays, please.

http://www.indiansinkuwait.com/press/KuwaitLaborLaw.pdf

I must say that the indiansinkuwait website is pretty good with news and links to Ministries.
 

36 comments :

  1. Your company isn't necessarily picking and choosing which laws to follow. The Kuwait labor law clearly states if a company's head office is located in another company, then that company is allowed to follow its home country laws. Or, they have the option to follow the host country laws. Obviously it's more lucrative for a company to pay based on Kuwait overtime (1.25, etc) as opposed to the US law citing 1.5. So you will see fluctuations in which law is followed based on the 'bottom line'. It's a perfectly legal practice.

    ReplyDelete
  2. My husband is working in Kuwait for a contractor and is having an affair with another contractor (female). I have a copy of all their emails. Is this prohibited in Kuwait? I did not thing adultry is prohibeted in Kuwait. I have photos of them going in to a hotel in Kuwait.

    ReplyDelete
  3. Adultry here is a big no-no and yes it is a crime. People get stoned in KSA for adultry. If you decide to pursue it then you would file a case against him.

    ReplyDelete
  4. Thanks for the insight. I plan to pursue this.

    ReplyDelete
  5. good day sir, I have worked in a private dental clinic and had finished my 2 year contract but still with them until the present, now, i am offered a job in another company, when I resign? it it my right to be released? how long must be my notice before I can go? what does kuwait labor law tell about this case?I need advice, thank you,More power!

    ReplyDelete
  6. You are supposed to give a 3 month notice. You should receieve your indemnity and if they are a good company they will transfer your residency. See Arabtimesonline.com for more info on the 3 month notice.

    ReplyDelete
  7. HELLO,
    I WAS TERMINATED IN THE COMPANY THAT I WORKING RIGHT NOW,& THEY GAVE ME 3MONTHS NOTICE.THEY JUST TRANSFER ME AS OF NOW IN OTHER DEPARTMENT.SO MY QUESTION IS, DO I NEED TO WORK WITH THEM STILL? COZ I HAD ALREADY JOB ACCEPTANCE IN OTHER COMPANY.AND I WANT TO MOVE?SO WHAT SHOULD I HAVE TO DO?COZ MY BOSS SAID IF I WANNA LEAVE NOW,I;M THE ONE TO PAY THEM?

    ReplyDelete
  8. Hi,I am working in a private clinic here in Kuwait. I decided not to finish my 3 year contract, Is my company right for not giving me my indemnity for 2 years for the reason that i have not finish my contract?

    Thank You,
    A's

    ReplyDelete
  9. Hi, I am working in a private company in Kuwait,i resigned my company with 3 months notice period, also nearly finished,but company said wait for one more month and same time 4years completed in this company,i am eligible to get indemnity,how many? days will get each year.give me a advice.

    ReplyDelete
  10. Lot of comments and questions, but nothing specific. I have read the entire law document, but it is vague in lot of areas. MY QUESTION is do expatriates hired by an American company to work in Kuwait (ITT, NG, etc.) on or associated with american government contracts, do the employees fall under kuwait labor law for termination benefits. Some say yes, some say no. What does the law state specifically.

    ReplyDelete
  11. This is a sticky situation. Some sponsor companies have the employees sign an Arabic letter which states the sponsor has paid out everything, the employee doesn't know what it says and signs it anyways. There are several pending lawsuits going on now because of this confusion. I will have to ask my husband about the law as he deals with lawyers who represent some of these clients.

    ReplyDelete
  12. Hi...

    Just call me izze. I want to resign after a year. Am i going to pay for some damages or what? Hope you will reply a.s.a.p...

    Thanks alot, more power.

    ReplyDelete
  13. for calculation of Gratutiy or end of service benifit, is it calculated on basic salary or salary plus all other allowance, like HRA, medical, bonus. is it calculated on 15 days basis or 21 days basis.plz advise

    ReplyDelete
  14. hi just want to ask if within the probationary period, if i decided to resigned or reboke my contarct is it legal or do my current employer will give me released,

    ReplyDelete
  15. Hi,I have been parking my car for 8 years,in municipality area behind my room. Suddenly one of the tenants built a shed on the same place.asking me to vaccate.(it is illegal structure).Now suggest me what i haveto do.Thanks.

    ReplyDelete
  16. Hi,I'm in the middle of termination but they suspended me now for the meantime to investigate my problem. one of my workmate tell me that in their shift meeting with the manager's they want me to terminate. What should I do?

    ReplyDelete
  17. Hi, i have been working in a compnay in kuwait for 3 years and i got terminated and went to other company i have received 3 months salary while iam at home and searching for another job my question is, do i get indemnity for those 3 years ?

    ReplyDelete
  18. hi i am 3years and 9 months in kuwait and and presently working in second company actually im a local hired already and im 5months only in my present company is it posible that can i resign now without finishing my 1 year with them?

    ReplyDelete
  19. Hi. I am presently working in a private company but there was an urgent hiring in another company that I tried to apply. Luckily I was accepted and signed a contract with them to start the work in next month. I was not able to submit my resignation in my present job . It is like only a month notice to them that im quiting my job. Am I allowed to start work to another employer without my present employer's consent? My present company is telling me that i have to serve my 3 months but i dont like to work with them anymore.The new company that will hire me told me that I must start the work on the date we have agreed or else they find another applicant. Is it allowed that I will just pay my employer the remaining 2 months ? I have served the company for 3 years already. Please I need an advice .Thank you.

    ReplyDelete
  20. Good day sir,

    I am working in a private sector, i have submitted my resignation and it will be effective June, now my question Sir is that this month May, my company giving increase for all the employees will i be entitled to the increase in case even if i already resign and my resignation . is is true that once we got increase in May is i am entitle to the computation of my end of service please i need your advice. Thank You.

    ReplyDelete
  21. hello
    im working in a salon and spa before 2007 till 2011 nov in fintas for 4 years and i filed a case because of my indemnity,ticket and annual leave for 4 years not given to me but they sold the salon already can i still have a chance to get all my benefits if i will continue my case to my employer before?
    im already working in other salon now

    ReplyDelete
  22. I am an American contractor working in Kuwait for 3 years now. I have Kuwaiti residency, Kuwaiti Drivers license and a Kuwaiti sponsor. I had to sign a letter that I later found out was a contract with the sponsor that said I work for him to get my residency but I don't work for hin and get my pay checks from my American company. The company I work for is a Subcontractor to ITT but does not follow Kuwaiti Law (No OT, No Holidays, No indemnity). Any time I have asked why they don’t follow Kuwaiti Law they tell me it’s because they do not have an office or a presence in Kuwait like ITT does. I don’t think that is right and feel they have been operating here illegally? Am I wrong

    ReplyDelete
  23. You can file a case against the Kuwaiti sponsor company they are the ones issuing the residency. As long as you have residency on that sponsor they are responsible for the employees. A group lawsuit is better than individual ones.

    ReplyDelete
  24. If I work for a sub contractor and they do not follow Kuwaiti law but hte company they work for does can the primary contracting company they work for be held responsible?

    ReplyDelete
  25. As per Article 76 The worker who spent two continuous years working for the same employer shall be entitled to 21 days leave with pay to perform Al-Hajj provided that he had not performed hajj before.
    I want to know as an expat is it compulsory I have to travel for Haj from Kuwait only and second as current year Kuwait quota for haj is only for Kuwait citizen so we expat cant go for Haj from Kuwait, so in this condition should we get 21days leave for Haj on travel from our country

    ReplyDelete
  26. I was notified that part of the Kuwait labor Law (Maybe article 77 or 78) states that if a first or second degree family member died, I would be able to get at least 3 days paid to travel out of country.
    My Aunt (a second-degree family member) died in April and ITT said because she isn't listed as an "immediate family member" on their policy, I don't get any days. I had to leave the country on unpaid leave and I want to know my rights.

    I would like to know who is wrong here and if the company is suppose to follow these rules.
    Thank you

    ReplyDelete
  27. I'm working in sweets and bakery within 4 yrs until now.
    I already found another work and they are willing me to give visa but the problem my employer not giving me release.I did not give notice letter to them because I'm afraid may be they will file s case against to me.So, please give me a good advice.

    ReplyDelete
  28. I work for a US Contracting Company in Kuwait and I have been with the company for 4 years. I recently resigned from the company and I was asked by the Company to serve a 90 days notice as per labor law, however I had signed an employment contract with the company subsequent to the new law coming in to effect and my notice period in the contract states 30 days. Does the Labor Law apply in this case or will the employment contract stand good in a court of law.

    ReplyDelete
  29. I work in private company and my contract will end by this march 2013 for 3 years of sevice, im planning not to renew because i want to go home for good, i talk to my manager and she advice me to submit a letter of resignation as 3 months notice, is my manager right? or shall i submit a 3 months notice of non renewal of contract? Do i am etitled to receive an end of service benifits? pls. advice.

    ReplyDelete
  30. Hi, i worked in a hotel for 3 years and 10 months now and i am resigning, i do not want to give 3 months notice and i want to go right away, How much i need to pay? and does the company have the right to force me to give them 3 months notice?

    I need your advise badly.

    ReplyDelete
  31. I am working in a private hospital...i just finished my first contract and signed my second contract but there is an offer from another hospital. Can i resign? Will they let me pay because i will resign?

    ReplyDelete
  32. Hi Sir. I already resign & waiting for my 3months notice., every week i mke halfday or one day absent to search new job. I receive a memo and deduction. Is't true tht according to the law once resign...i am entitled for one day absent in a week?

    ReplyDelete
  33. Sir what r t benefits and compinsation xpected fm company after 3months notice period witout proper reason for a local trabsfer visa no18employee and he worked for 7months.also he didnt get friday half ot amount after worked.im also having my previous company contact and xperience certificate.shall

    ReplyDelete
    Replies
    1. Sir where could i found t answer.

      Delete
  34. Hi. Is it compulsory under Kuwait Labor Law to take 10 day leave during Ramadan?

    ReplyDelete

Comments are welcome! Personal attacks are not. Thanks!