Chapter 2 – Employment (Using), Apprenticeship and Professional Training
(Article 7 to Article 26)
Section One — Employment
The Minister shall issue resolutions that regulate the conditions of employment in the private sector, particularly the following:
1- Conditions for the moving of manpower from one employer to another.
2- Conditions for the granting of permission for the manpower of one employer to work for another employer for some time.
3- The particulars that employers should provide to the Ministry with regard to the government employees who are authorized to work for employers out the government official working hours.
4- Jobs, occupations, and works that employees may not be engaged in unless they pass professional examinations subject to such controls as are laid down by the Ministry in coordination with the concerned entities.
Every employer shall inform the competent authority about its need for manpower and shall annually inform the competent authority of the number of manpower employed by him, using such forms as are prepared for this purpose subject to such controls and conditions as are laid down by a resolution from the Minister.
There shall be established a public authority that shall be a corporate body with an independent budget, and named The Public Authority for Manpower, under the supervision of the Minister of Social Affairs and Labor. It shall have the responsibilities given to the Ministry under this Law and undertake the importation and employment of expatriate manpower upon the request of employers. A law that regulates the said Public Authority shall be issued within one year after the date of entry into force of this Law.
The employer shall be prohibited from employing foreign manpower unless the competent authority has granted them a permit to work for him. The Minister shall issue a resolution setting forth the procedures, documents and fees that shall be paid by the employer. In the event of refusal, such refusal shall be justified by stating the reason thereof, and the reason for such refusal shall not be related to the amount of the capital, otherwise the decision shall be absolutely null and void.
Employers shall not bring workers from outside the country or hire workers from inside the country then fail to provide them with employment at his own entity, or subsequently be found not to have a an actually need for them. The employer shall bear the expenses of the worker’s return to his country. In the event where the worker -stops working for his employer and joints the service of another employer, the latter shall bear the cost of the worker’s return to his country after the original sponsor has reported that the worker has been absent from work.
The Ministry arid the competent authority shall not engage in any discriminatory or preferential treatment in dealing with employers with regard to the granting of work or transfer permits by granting such permits to some employers and denying them to others for any pretext or justification. The Ministry may, for organization reasons suspend the issue of work and transfer permits for a period not exceeding two weeks in any one year, and no employers may be excluded from such suspension during such period. Any act made in violation of this Article shall be absolutely null and void.
Section Two – Apprenticeship and Professional Training
A professional apprentice is every person who, having completed his 15th year of age, signs a contract with the entity in order to learn a profession within a specific period in accordance with conditions and regulations that are agreed upon. The professional apprenticeship contract shall, in respect of anything not provided for in this Section, be subject to the provisions contained in this contract governing juvenile employment.
The professional apprenticeship contract should be written and made in three copies: one copy for each party and a third copy to be submitted to the competent authority at the Ministry within a week for approval. The contract shall state the profession, apprenticeship period, successive stages and remunerations in a gradual manner at every level of learning. The minimum remuneration during the last stage shall not be less than the minimum remuneration specified for the remuneration of a similar job.
The remuneration shall in no event whatsoever be specified based on production or piecework
The employer shall have the right to terminate the apprenticeship contract in the event where the apprentice fails to perform his duties under the contact or it is found in the periodic reports that he lacks the aptitude to learn.
The apprentice too shall have the right to terminate the contract. Any party who wishes to terminate the contract shall notify the other of his wish to do so at least seven days in advance.
Professional training includes theoretical and practical means and programs that provide the workers with the opportunity to develop their knowledge and skills and acquire a practical training to enhance their abilities, increase their production efficiency, prepare them for a certain profession or transfer them to other professions. Training shall take place at institutes, centers or establishments that achieve this objective.
The Minister shall, in cooperation and coordination with competent academic and professional entities, determine all conditions and circumstances necessary for holding professional training programs, the periods of training, the theoretical and practical programs, the examination system, and the certificates given in this regard and the information that should be stated therein.
This resolution may also oblige one or more establishments to conduct training sessions for workers at centers or institutes of another establishment in the event where the first establishment does not have its own training center or institute.
The establishment which is subject to the provisions of this Chapter, shall pay the worker his entire remuneration during the period of training whether such training is provided inside or outside the establishment.
The professional apprentice or trainee worker shall, after completing his apprenticeship or training, to work for the employer for a period equal to that of his apprenticeship or training or for a maximum period of 5 years. In the event where the apprentice or trainee fails to honor this obligations, the employer shall have the right to recover from him the apprenticeship or training expenses incurred proportionate to the remainder of the period that he has an obligation to work at the said employer.
Section Three – Employment of Juveniles
It shall be prohibited to employ persons who are below the age of 15 years.
Subject to the approval of the ministry, it shall be allowed to employ juveniles who reached 15 years of age but did not exceed 18 years subject to the following conditions:
a- They shall not be employed in industries or professions that are, by a resolution of the Minister, classified as hazardous or harmful to their health.
b- They shall have a medical examination before the start of employment and thereafter have periodical similar examinations at intervals not exceeding six months. The Minister shall issue a resolution in which he shall determine these industries and professions, as well as procedures for and intervals of such medical examinations.
Juveniles shall work for maximum of six hours per day, and shall not be employed for more than four hours straight, followed by a break of not less than one hour.
They shall not be employed for overtime working hours, on weekly rest days, official holidays or at any time from 7:00 in the evening to 6:00 in the morning.
Section Four – Employment of Women
It is prohibited to employ women at night during the period from 10:00 at night to 7:00 in the morning. This excludes hospitals, sanatoriums, private treatment homes and establishments in respect of which a resolution by the Minister of Social Affairs and Labor shall be issued. The employer shall, in all cases referred to in this article, provide them with all security requirements as well as transportation means from and to the workplace.
The working hours during the holy month of Ramadan shall be excluded from the provisions of this Article.
It shall be prohibited to employ any woman in works that are hazardous, arduous or harmful to health. It shall also be prohibited to employ any woman in jobs that violate morals and that exploit her femininity in violation of public morals. No woman shall be made to work at establishments that provide services exclusively for men.
Such works and establishments shall be specified by a resolution from the Minister of Social Affairs and Labor after consultation with the Labor Affairs Consulting Committee and the competent organization.
A pregnant working woman shall be entitled to a paid maternity leave of 70 days, not included in her other leaves, provided that she gives birth within this period.
After the end of the maternity leave, the employer may give the working woman, at her request, an unpaid leave for a period not exceeding four months to take care of the baby.
The employer may not terminate the services of a working woman while she is on such leave or during her absence from work because of a sickness that is proved by a medical certificate that states that the sickness resulted from pregnancy or giving birth.
The working woman shall be allowed a two-hour break during her working hours in order to feed her baby according to such conditions as shall be set forth in the Ministry’s decision. The employer shall establish a nursery for children below the age of 4 at the place of work in the event where the number of female workers exceeds 50 or the number of workers exceeds 200.
A working woman shall be entitled to remuneration similar to the remuneration of a man if she performs the same kind of work.
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