US-based firm does not follow Kuwait Labour Law:
I’m currently working for a US-based company at Arifjan in Kuwait under the sponsorship of a local firm. The company does not follow Kuwait Labour Law with regards to:
b) No paid holidays / sick days
c) No indemnity upon separation
Can you give us information on the above, whether we are entitled to all the privileges mentioned.
There was also a certain case in one of Kuwait’s courts in which some Americans had sued a Kuwaiti firm over the same issue. I would like to have the contact details of the lawyer who is representing their case.
Answer: As you are employed by a Kuwaiti company and also working in Kuwait you are entitle to all the benefits mentioned in the Kuwait Labor Law, especially if you have Kuwait residence.
Earlier also, some Americans had sought advice from the Arab Times on the issue and the answer had been the same. Some of them had hired an attorney and their case was taken up by the Court of First Instance earlier this year. The firm will try to get away by saying they are American contractors. But the fact remains they are working in Kuwait with a Kuwaiti partner, so sue the Kuwaiti partner in Kuwait. But the most important fact here will be if those employees in the camp have Kuwait residency. A lot of the employees at the camp don’t have Kuwait residence, so they can have a problem in pursuing their case here in the country but not the ones who are residents of Kuwait.
The contractor can be sued and you should be able to get your rights. In the meantime, we will try to get you the contact details of the lawyer who took up the other case for some Americans.
Geez I wonder which company he works for? It used to be like that a few years ago with ITT, they would only follow Kuwait rules when it benefitted the company but now employees get the Kuwaiti sick hours and the payout when they finish their contract.