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State Laws & Rules > Labor Law
 
  Private Sector Labor Law
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In Kuwait, the labour laws in public sector and private sectors are regulated by separate statutes. There are three main legal codes governing labour laws in Kuwait. Labour laws in the private sector are enforced by the Ministry of Social Affairs & Labour. The Employment related matters for the civil servants are regulated by the Labour Law for Government Employees. The employees who work in the Oil Industry are regulated by the Labour Law of the Oil Sector. The persons on temporary contracts of less than six months and persons in domestic service, such as the maids, domestic servants, drivers etc are not covered by any particular labour law and must rely for protection on general principles of law.

Labour Laws in the Private Sector (Law No.38/1964)
Labour laws in the private sector are enforced by the Ministry of Social Affairs & Labour. The contract of employment could be for fixed time or indefinite. A fixed time may not exceed 5 years. The Contract may be verbal or in writing. The Employment Contract should specify at least the description of the job, remuneration payable, terms of services etc. The Contract must be in Arabic as it will be considered authoritative in case of any dispute before the court of law. In case the employee is unable to communicate in Arabic language, he may get the Arabic version of the contract translated from any authorized translation office to his language for the purpose of his reference.

Remunerations includes basic pay, incentives, commissions, obligatory bonuses, gratuities from third parties, allowances etc. Payment of a bonus is obligatory if it is stipulated in the contract of employment. The total remuneration as per the contract is very important when the terminal indemnity is calculated or for compensation for any injury to the employee. Where an employee is paid on a time basis, the last salary payable is used, but if he is paid on a piece-work basis, then the average wage actually payable to him during the previous three months is used. The employee having a fixed salary must be paid every month and piece–workers and those on hourly or weekly wages must be paid every two weeks.

The working hours of an adult are limited to eight hours a day and 48 hours a week. An employee is required to work overtime provided it is necessary and the employer's order is in writing. An employee should be adequately paid for the over time work performed. The overtime pay are generally higher than the pay during the ordinary office hours. An employee is entitled to one full day off per week. In most offices, Friday is the traditional off day, but this is not a legal requirement. A woman employee should be paid equal remuneration as a man for the same work performed. The standard working hours for the women are same as men. A woman is entitled to maternity leave for a maximum 30 days prior to delivery and 40 days after delivery.
 

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