Chapter 4 – Work System and Conditions (Article 55 to Article 97)
Kuwait Labor Law Chapter4, Work System Conditions, English Labor Law Kuwait
Section One – The Remuneration
Kuwait Labor Law Chapter, English Labor Law Kuwait
Article (55)
The remuneration means the basic payment the worker receives or should receive in consideration of his work in addition to all elements stipulated in the contract or the employer by-laws.
Without prejudice to the social allowance and the children allowance granted by virtue of Law No. 19 of the year 2000, the remuneration shall include the payments made to the worker on periodic basis such as bonuses, benefits, allowances, grants, endowments or cash benefits.
In the event where the worker’s remuneration is a share of the net profits and the establishment did not make any profits or made little profits in such a way that the worker’s share is not proportionate to the work he performed, his remuneration shall be estimated based on the remuneration determined for a similar job or according to the profession custom or the prerequisites of fairness.
Kuwait Labor Law Chapter7, Final Provisions, English Labor Law Kuwait
Article (56)
Remunerations are paid during the working days in the country’s currency, as follows:
a- Workers with a monthly remuneration shall receive their remunerations at least once a month.
b- Other workers shall receive their remunerations at least once every two weeks.
Payment of remunerations shall not be delayed for more than seven days after the due date thereof.
Article (57)
The employer, who employs his workers in accordance with the provisions of this Law, shall pay the workers’ entitlements to their accounts at local financial establishments. He shall also send a copy of statements submitted to these institutions in this regard to the Ministry of Social Affairs and Labor. A resolution by the Council of Ministers shall be issued based on the proposal of the ministers of Social Affairs and Labor, and Finance in order to determine these institutions and the regulations relevant to these accounts in terms of charges, commissions and relevant organizational procedures.
Article (58)
The employer shall not be allowed to transfer a worker who is paid on a monthly basis to another category of payment without a written consent from such worker and without prejudice to the rights the worker has acquired by working on a monthly basis.
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Article (59)
a- It is not allowed to deduct more than 10 percent of the worker’s remuneration for the payment of loans or debts due to the employer who shall not impose any interest thereon.
b- Not more than 25% of the remuneration due to the worker may be attached, waived or deducted for the debt of alimony or the debt related to food, clothes or other debts including debts toward the employer. Where the various debts compete for the aforesaid portion of the remuneration, the alimony debt shall have priority over the other debts.
Article (60)
The worker shall not be obliged to buy foodstuffs or commodities from specific outlets or products produced by the employer.
Article (61)
The employer shall pay the workers’ remunerations during the closure period, in the event where he deliberately closes the establishment to force the workers to obey and submit to his demands. He shall also pay the remuneration of workers throughout the complete or partial period of closure in case such closure is due to any other reason not related to the workers as long as the employer wishes them to keep working for his account.
Article (62)
The calculation of the worker’s entitlements shall be made on the basis of the last remuneration received by the worker. In the event where the worker is paid based on piecework, his remuneration shall be defined by the average of the remuneration earned by him during the actual working days in the last three months. The cash and in-kind benefits shall be calculated by dividing the average of the amount earned by the worker during the last 12 months by the entitlements. In the event where the period of service is less than one year, the average shall be calculated according to the period of his actual service. The worker’s remuneration may not be reduced for any reason during the period of service.
Article (63)
The Minister shall issue a resolution every five years at the latest, in which he shall fix the minimum remuneration depending on the nature of the various professions and industries, taking into consideration the rate of inflation witnessed by the country and after discussing such resolution with the Advisory Committee for Labor Affairs and the competent organizations.
Section Two – Working Hours and weekends
Article (64)
Without prejudice to the provisions of Article (21) of this Law, it is forbidden to allow workers to work for more than 48 hours per week or 8 hours a day, except in such events as are specified in this Law. Working hours during the month of Ramadan shall be equal to 36 hours per week. However, it shall be allowed, by a ministerial resolution, to reduce working hours in hard jobs, jobs that are harmful by nature or for severe circumstances.
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Article (65)
a- Workers shall not be required to work for more than five consecutive hours a day without a break of a minimum of one hour that is not included in the working hours. The Financial, commercial and investment sectors shall be excluded from this provision and the working hours shall be equal to eight consecutive hours.
b- After having obtained consent of the Minister, workers may be required to work without a rest break for technical and urgent reasons or in office work provided that the total daily working hours is one hour less than the number of daily working hours specified in Article (64).
Article (66)
Without prejudice to Articles (21) and (64) of this Law, the employer may, by means of a written order, have workers work overtime if the necessity arises for the purpose of preventing a dangerous accident, repairing damages arising from such accident, avoiding a loss or facing an unusual work load. The overtime work should not exceed two hours a day, a maximum of 180 hours a year, three days a week or 90 days a year. The worker shall have the right to prove by any means that the employer required him to perform additional works for an additional period of time. The worker shall also be entitled to a 25 percent increase over his original remuneration for the period of overtime. This remuneration shall be in conformity with Article (56) of this Law. The employer shall keep a special record for overtime work showing the dates, number of hours worked and remunerations paid in consideration of the additional work assigned to the worker.
Article (67)
The worker shall be entitled to a paid weekend which is equal to 24 continuous hours after every six working days. The employer may call the worker for work during his weekend if the necessity arises. The worker shall be entitled to at least 50 percent of his remuneration, in addition to his original remuneration and to another day off instead of the one on which he worked. The preceding paragraph does not affect the calculation of the worker’s rights including his daily remuneration and his leaves. This right is calculated by dividing his remuneration by the actual working days without including the weekends, although these weekends are paid.
Article (68)
The fully-paid official holidays are as follows:
a- Hegeira New Year: 1 day
b- Isra’ and Mi’raj day: 1 day
c- Eid Al-Fitr: 3 days
d- Waqfat Arafat: 1 day
e- Eid Al-Adha: 3 days
f- Prophet’s Birthday (Al-Mawlid Al-Nabawi): 1 day
g- National Day: 1 day
h- Gregorian New Year: 1 day
In the event where the worker is required to work during any of the above mentioned holidays, he shall be entitled to a double remuneration and an additional day off.
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Article (69)
Subject to the provisions of Article (24) of this Law, the worker shall be entitled to the following sick leaves during the year:
– 15 days – at full pay
– 10 days – at three quarters of the pay
– 10 days – at half pay
– 10 days – at quarter pay
– 30 days without pay.
The worker shall provide a medical report from the doctor appointed by the employer or the doctor of the government medical center. In the event of conflict regarding the necessity of a sick leave or its duration, the report of the government doctor shall be adopted. Incurable diseases shall be excluded pursuant to a resolution issued by the competent minister, in which he shall specify the types of incurable diseases.
Kuwait Labor Law Chapter5, Collective Work Relation, English Labor Law Kuwait
Section Three – Paid Annual Leaves
Article (70)
The worker shall be entitled to a 30-day paid annual leave. However, the worker shall not be entitled to a leave for the first year of work except after at least 9 months of service for the employer. Official holidays and sick leaves during the year shall not be counted as annual leave. The worker shall be entitled to a leave for the fractions year in proportion with the period he spent in actual service, even the first year of service.
Article (71)
The worker shall be paid for his annual leave before taking such leave.
Article (72)
The employer shall have the right to determine the date of the annual leave and divide such leave after the first 14 days thereof, with the consent of the worker. The worker shall have the right to accumulate his leave entitlements provided that they do not exceed two years and he shall be entitled to take his accumulated leave all at once subject to the approval of the employer.
Article (73)
Without prejudice to the provisions of Articles 70 and 71, the worker shall be entitled to a cash consideration for all his accumulated annual leaves upon the expiry of his contract.
Article (74)
Without prejudice to the provisions of Article (72), the worker shall not waive his annual leave with or without compensation. The employer shall have the right to recover the remuneration paid to the worker for this leave in the event where the worker is found to have worked for another employer during that leave.
Article (75)
The employer may grant the worker a paid academic leave to obtain a higher degree in his work field, provided that the worker shall work for the employer for a period of time equal to the period of the academic leave that should no exceed 5 years. In the event where the worker violates this condition, he shall be obliged to repay the remuneration paid to him during the leave in proportion to the remaining period of work.
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.
Article (77)
In the event of a first and second degree relative’s death, the worker shall be entitled to a three-day fully paid leave. The Muslim working woman, whose husband has died, shall be entitled to a fully paid iddat leave for four months and ten days from the date of death. During this leave, the working woman shall not be entitled to work for another employer. The conditions of grating this leave shall be organized by a resolution of the Minister.
The non-Muslim working woman, whose husband has died shall be entitled to a paid leave of 21 days.
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Article (78)
The employer shall have the right to give the worker a paid leave to attend conferences, annual gatherings and labor meetings.
The Minister shall issue a resolution setting forth the conditions and regulations governing the granting of such leave.
Article (79)
The employer may grant his worker, upon his request, an unpaid leave other than the leaves mentioned in this chapter.
Section Four – Safety and Occupational Health
Part One
Rules of Safety and Occupational Health
Article (80)
Each employer shall maintain a file for each worker wherein shall be kept copies of the worker’s work
permit, work contract, civil ID, documents relevant to annual leaves and sick leaves, overtime hours,
work injuries and occupational diseases, penalties imposed on the worker, end of service date and
reasons behind, copy of receipts proving that documents he submitted to the employer such as
documents, tools, certificates have been returned to him after the end of his service.
Article (81)
Each employer shall keep occupational safety registers in accordance with the forms and regulations
stipulated in a resolution issued for this purpose by the Minister.
Article (82)
The employer shall post at a conspicuous locate at the work place a list approved by the competent
labor department stating the daily working hours, break, weekends and official holidays.
Article (83)
The employer shall take all the safety measures to protect workers, machines and materials used in the
establishment, and occasional visitors against work risks. The employer shall further provide safety and
occupational health aids required for this purpose as stipulated in the resolution issued by the competent minister after considering the opinion of competent authorities.
The worker shall not bear any costs and no amounts shall be deducted from the worker’s remuneration
in consideration for providing him with protection means.
Article (84)
The employer shall, before the worker starts work, clarify to the latter the risks that he may face during
work and the preventive measures that should be taken.
The Minister shall issue resolutions concerning the instructions and warnings that should be placed at
conspicuous locations at the work place, and personal safety equipment that should be provided by the
employer for the various activities.
Article (85)
The Minister shall, after seeking the opinion of competent authorities, issue a resolution specifying the
types of activities for which safety and occupational health equipment and means should be provided
for workers. Technicians or specialists shall also be appointed to monitor observance of safety and
occupational health requirements. The resolution shall specify the qualifications and duties of those
technicians and specialists and the training programs they shall undertake.
Article (86)
The employer shall take the necessary precautions to protect the worker from health damage and
occupational diseases that may arise from the performance of the work. He shall also provide first aid
treatments and medical services.
The Minister shall, after seeking opinion of the Ministry of Health, issue resolutions regulating the
precautions and specifying the list of occupational diseases and the industries and works that cause
them, hazardous materials and permitted levels of concentrations.
Article (87)
The worker shall take preventive measures and use the equipment in his possession with care. He shall
also abide by the safety and health instructions designed to protect him from injuries and occupational
diseases.
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Article (88)
Subject to the provisions of the social security law, the employer shall provide insurance coverage for his
workers from insurance companies against work injuries and occupational diseases.
Part Two
Work Injuries and Occupational Diseases
Article (89)
When implementing the provisions of work injury insurance according to the Social Security Law, the
said provisions shall replace the provisions set forth in the following articles in respect of work injuries
and occupational diseases with regard to the persons covered by such insurance.
Kuwait Labor Law Chapter2, Employment, English Labor Law Kuwait
Article (90)
In the event where the worker suffers an injury in an accident that took place by cause of or during the
work or while he was on his way to work or back from work, the employer shall immediately report the
accident upon the occurrence thereof or as soon as he becomes aware thereof, as the case may be, to
the following:
a- Nearest police station
b- Nearest labor department
c- Public Institution for Social Security or the competent insurance company providing insurance
for workers against work injuries. The worker or his representative shall also have the right to
report the incident if he is able to do so.
Article (91)
Without prejudice to the provisions of Law No. 1 of the year 1999 concerning health insurance for
expatriates and the imposition of fees against health services, the employer shall bear all costs for the
treatment of the worker who suffers work injuries or occupational diseases, at governmental hospitals
or private treatment centers, including medicine and transportation expenses. The attending physician
shall determine in his report the period of treatment, extent of disability resulting from the injury, and
the extent of the worker’s ability to resume his work.
The worker and the employer shall have the right to object against the medical report before the
Medical Tribunal at the Ministry of Health within a month from the date of issue of such report and by
virtue of an application submitted to the competent authority.
Article (92)
Each employer shall periodically submit to the competent ministry statistics relevant to work injuries
and occupational diseases that occurred in his establishment.
The Minister shall issue a resolution specifying the time limits for submitting these reports.
Article (93)
The worker who suffers a work injury or occupational disease shall be entitled to his full remuneration
throughout the period of treatment specified by the attending physician. In the event where the
treatment period exceeds six months, the employee shall be entitled to half the salary until he
completely recovers or until he is proven disabled or dead.
Article (94)
The worker or the beneficiaries through him shall have the right to claim compensation for the work injury or occupational disease in accordance with the list issued by means of a resolution of the Minister after considering the opinion of the Minister of Health.
Article (95)
The worker shall not be entitled to compensation in the event where the investigation reveals that:
a- The worker has intentionally injured himself.
b- The injury was a result of a gross and deliberate misconduct by the worker, and such misconduct shall be deemed to include any conduct resulting from the consumption of alcohol or drugs, many violation of the instructions designed to ensure protection against work hazards and occupational diseases posted at a conspicuous location at the work place except injuries that result in the death of the worker or his suffering a permanent loss of 25% of his total body ability.
Article (96)
In the event where the worker suffers an occupational disease or shows symptoms of occupational
disease during the period of service or one year after his resignation, he shall be subject to Articles 93,
94 and 95 of this Law.
Article (97)
1- The medical report issued by the attending physician or by the Medical Arbitration Panel regarding the condition of the injured worker shall specify the liability of the former employers – each in proportion with the period spent by the worker in his service – in the event where the industries or the works performed by such employer result in such disease.
2- The worker or the beneficiaries through him shall be entitled to the compensation stipulated in Article (94) from the Public Institution for Social Security or the insurance company, and each of these two entities shall have the right of recourse against the former employers in respect of their respective liability provided for in paragraph (1) of this Article.
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