LABOR LAW OF KUWAIT (RULE 2 – EMPLOYMENT)

Rule 2 – Employment

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Article 7 to Article 26

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Section One — Employment
Article (7)


Minister wants to release that regulates the situations of employment rules within the private sector, principally following:

1- Conditions for the moving of manpower from one employer to a different.

2 -Conditions for the 
a lot of consent for the manpower of 1 employer to number for an additional employer for a few times.

3- The particulars that employers should provide to the Ministry with reference to the govt employees who are authorized to figure for employers out the govt official working hours.

4- Job activity that employees won't be engaged in unless they pass exams subject to such controls as are laid down by the Ministry in coordination with the recognized entities.

Article (8)
the employer shall notify the capable authority about its need for manpower and shall early inform the capable authority of the amount of manpower employed by him. shall use such forms as are prepared for this ambition subject to such controls and conditions as are laid down by a resolution from the Minister.

Article (9)
There shall expand a public authority that shall be an association with an independent budget, and named the general public Authority for Manpower, under the supervision of the Minister of Social Affairs and Labor. It shall have the responsibility given to the Ministry under this Law and undertake the import and recruitment of migrant manpower upon the request of employers. this law that balances the said Public Authority shall be passed within one year after the date of entry into force of this Law.

Article (10)
The employer shall be constrained from constraining foreign manpower unless the competent authority has granted them a permit to work for him. The resolution setting forth the procedures, documents, and costs that shall be paid by the employer. In the event of refusal, such refusal shall be justified by stating the rationale thereof, and therefore the reason for such refusal shall not be associated with the quantity of the capital, otherwise, the choice shall be absolutely null and void.

Employers shall not bring workers from foreign the country or hire workers from inside the country then they fail to arrange them with employment at his own entity, or consecutive be found not to have an actual need for them. The employer shall give the expenditures 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 value of the worker’s return to his country after the first sponsor has reported that the worker has been absent from work.

Article (11)
The Ministry arid the competent authority shall not engage in any bigotry or advantageous treatment in handling employers with reference to the granting of labor or transfer permits by granting such permits to some employers and rejecting them to others for any excuse or justification. The Ministry may, for organization reasons suspend the problem of labor and transfer permits for a period not exceeding fortnight in anybody year, and no employers could also be excluded from such suspension during such period. Any act made in violation of this text shall be absolutely null and void.


Section Two – Apprenticeship and Professional Training

Article (12)
A professional apprentice is everyone who, having completed his 15th year aged, signs a contract with the entity so as to find out a profession within a selected period in accordance with conditions and regulations that are prescribed. the professional contract shall, in respect of anything not given for during this Section, be subject to the accouterment contained during this contract governing teenage employment.


Article (13)
The professional probationer contract should be written and made in three copies: one copy for every party and a 3rd 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 during a gradual manner at every level of learning. The minimum remuneration during the last stage shall not be but the minimum remuneration specified for the remuneration of an identical job.

The remuneration shall in no event whatsoever be specified supported production or piecework

Article (14)
The employer shall have the proper to terminate the apprenticeship accept the event where the apprentice fails to perform his duties under the contract or it's found in the periodic reports that he lacks the aptitude to find out.

The apprentice too shall have the proper to terminate the contract. Any party who wishes to terminate the contract shall advise the differing of his wish to try to so a minimum of seven days beforehand.

Article (15)
Professional training includes abstract and avaricious means and programs that arrange the workers with the prospect to develop their knowledge and skills and acquire practical training to strengthen their capability, increase their production efficiency, prepare them for a particular profession or transfer them to other professions. Training shall happen at institutes, centers or establishments that achieve this objective.

Article (16)
Determine all conditions and circumstances necessary for holding professional training programs, the periods of coaching, the theoretical and practical programs, the examination system, and therefore, therefore, the certificates given during this regard and the information that ought to be stated therein.

This resolution also can compel one or more expanding to conduct training sessions for workers at centers or institutes of another expand within the event where the first expansion does not have its own training center or institute.

Article (17)
This inauguration which is subject to the provisions of this division  Chapter shall pay the worker his entire compensation during the amount of coaching whether such training is provided inside or outside the inauguration.

Article (18)
The professional apprentice or trainee worker shall, after completing his apprenticeship or training, the figure for the employer for a period adequate to that of his apprenticeship or training or for a maximum period of 5 years. I where the beginner fails to honor these commitments, the employer shall have the proper to get over him the apprenticeship or training expenses incurred proportionate to the rest of the amount that he has an obligation to figure at the said employer.

Section Three – Employment of Juveniles
Article (19)

It shall be prohibited to use persons who are below the age of 15 years.

Article (20)
Subject to the approval of the ministry, it shall be allowed to use juveniles who reached 15 years aged but didn't exceed 18 years subject to the subsequent conditions:

a- They shall not be used 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 checkup before the beginning of employment and thereafter have periodical similar examinations at intervals not exceeding six months. The Minister shall issue a persistence during which he shall arbitrate these industries and professions, also as procedures for and intervals of such medical examinations.

Article (21)
Juveniles shall work for a 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 used for overtime working hours, on weekly rest days, official holidays or at any time from 7:00 within the evening to 6:00 within the morning.

Section Four – Employment of Women

Article (22)
It is prohibited to use women within the dark during the amount from 10:00 in the dark to 7:00 in the morning. This excludes hospitals, health centers, private hospitals and expands in respect of which a resolution by the Minister of Social Affairs and Labor shall be issued. The employer shall, altogether cases mentioned during this article, provide them with all security requirements also 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 text.

Article (23)
It shall be prohibited to use any woman in works that are hazardous, arduous or harmful to health. It shall even be prohibited to use any woman in jobs that violate morals that exploit her femininity in violation of public morals. No woman shall be made to figure 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 therefore the competent organization.

Article (24)
A pregnant working woman shall be entitled to a paid maternity leave of 70 days, not included in her other leaves, as long as she gives birth within this era.

After the top of the maternity leave, the owner must give for the working lady, at her request, free-willed leave for a period not be victorious four months to require care of the baby.

The employer might not terminate the services of a working woman while she is on such leave or during her absence from work due to a sickness that's proved by a medical certificate that states that the sickness resulted from pregnancy or parturition.

Article (25)
the working lady shall be given a two-hour break during her working hours to feed her baby consistent with such conditions as shall be set forth within the Ministry’s decision. The employer shall establish a nursery for youngsters below the age of 4 at the place of labor within the event where the amount of female workers exceeds 50 or the number of workers exceeds 200.

Article (26)
A working woman shall be entitled to remuneration almost like the remuneration of a person if she performs an equivalent quite work.

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