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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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