The job sectors are split into public, private, and oil sectors in order to govern working-class conditions. The laws governing the private sector are administered by the Ministry of Social Affairs and Labor.
In terms of work, Kuwaiti legislation governs both the public and commercial sectors, with 48 hours plus one day off each week and a minimum of 21 days’ yearly leave. In the private sector, there is no set minimum wage. The law mandates 40 hours of work per week, overtime compensation, and 30 days of annual vacation in the oil industry. The law also keeps track of women’s working conditions, ensuring that they are paid equally to their male colleagues, as well as their health and safety, employment contracts, salaries, termination, and retirement benefits.
Foreigners who intend to work in Kuwait must first obtain a work permit from Kuwait’s Ministry of Labor.
The emigrants working in Kuwait were given a new hope on February 21, 2010.
Kuwait’s new labor law has already been published in the official gazette.
The new provisions and revisions in the published labor law have shown to be advantageous and appropriate for employees and their employers. Salary, public holidays, paid leave, sick leave, and end-of-service payments are just a few of the revised rules that the National Assembly adopted in 2009 and then handed to the Kuwait Cabinet. It was then transmitted to His Highness the Amir for approval after the Kuwait Cabinet approved it. Domestic employees in Kuwait, however, will be exempt from this restriction.
All employees’ salaries must be sent to the banks on the 7th of each month, according to the new Kuwait labor law. Even during the first year of employment, all employees are entitled to paid vacation on all national holidays, a weekly day off, and an annual leave of up to 30 days. Employees who have worked for the same company for two years and have never undertaken the Hajj pilgrimage are entitled to 21 days of paid Hajj pilgrimage leave under Article 17. Employees are also given paid time off on all 13 public holidays. If employees are required to work on these holidays, they must be paid a half-day bonus in addition to a full day’s pay.
Kuwait has a 50-member elected National Assembly (Parliament) that is augmented by Council of Ministers members. An assembly’s maximum term is four years. The National Assembly is entrusted with legislative duties as well as monitoring powers over the administration.
A worker will get the total end-of-service compensation at the end of the contract time, according to Article 51 of the labor code. For the first five years, this reimbursement is equal to ten days’ pay. From the sixth year forward, it will be increased to 15 days’ pay. If the employer terminates the contract or the employment contract is not renewed, the employee is entitled to full indemnity. If a female employee leaves her contract owing to marriage within a year of her wedding date, she is entitled to full indemnity.
Employees who quit their jobs are still entitled to a portion of their pay, according to Article 53 of the labor code. For those who worked for more than three years but less than five years, a half-wage month’s is granted as compensation for each year of service. Employees who have worked for more than five years but less than ten years are entitled to 75% of their monthly income for each year. Finally, for every year of service, all employees who have worked for more than ten years are entitled to a full month’s pay.
Women are not allowed to work after 10:00 p.m. and before 7:00 a.m., according to the new Kuwait labor law, with the exception of those who work in treatment homes or institutions. Working in dangerous jobs is likewise forbidden for women. Employees are only allowed to work for 8 hours per day, including a one-hour long break, according to the labor rules. Workers should work six days a week, and if they work on Friday, they are entitled to a day and a half’s pay as well as a day off the following week, excluding Friday.
In terms of employee leave benefits, a worker is entitled to 40 days of sick leave. This comprises full pay for the first ten days, 75% pay for the next ten days, 50% pay for the next ten days, and 25% pay for the last ten days. If an employee’s 40 days of sick leave have been used up, he or she is still entitled to up to 30 days of unpaid sick leave.
Employment of a minor or a person under the age of 15 is illegal under the new Kuwait labor law. Women who are pregnant can now take a paid maternity leave, according to the labor legislation. This paid leave might run up to 70 days if they give birth during that time frame. New mothers can also take up to four months of unpaid leave. Employers are prohibited from terminating female workers’ contracts during this time or if they are sick as a result of giving delivery, according to the law. When a woman returns to work after giving birth, she is entitled to a two-hour break from her regular working hours to milk her infant. Employers with more than 50 women or 200 men must provide a daycare center for children under the age of four.
Accidents are common in the workplace, which is why the new Kuwait labor law includes some health benefits, such as providing full pay for the entire recovery period of an employee who is injured while at work, on their way to work, or on their way home, provided that the period of recovery is certified by a physician. If the recuperation period exceeds six months, the employer is only required to pay half of the employee’s wage until the employee recovers from his or her injuries, dies, or has a disability confirmed.
When it comes to contract termination, the new labor legislation states that an employer must offer a three-month notice with a valid reason before dissolving an employee’s contract. Employers are not authorized to fire employees who are currently on leave. Employees must also give a three-month notice before resigning from their existing post, according to the law.
National Labor Support Tax of 2.5 percent of net earnings is payable to the Ministry of Finance (MOF) by Kuwaiti KSE-listed public shareholding businesses pursuant to Law No. 19 of 2000 governing national labor support and encouraging Kuwaiti nationals to work in nongovernmental entities.
Kuwaiti KSE-listed public shareholding firms are subject to the law.