Rule 6 – Work Inspection and Penalties
Article 133 to 142
Section One – Work Inspection
Article (133)
The efficient employees appropriate by a resolution from the Minister shall have the capacity of judicial officers to supervise the contrivance of this Law, by-laws, and regulations. These workers shall perform their tasks with honesty, sincerity, and impartiality. They shall not divulge the secrets of the employers that they become acquainted with due to the nature of their work. Each employee shall before the minister makes the following oath:
“I solemnly swear to perform my duties with loyalty, neutrality, and integrity and to keep the confidentiality of the information I become acquainted with within the course of my work and until the end of my service.”
Article (134)
The employees mentioned within the preceding Article shall have access to the establishments during the official working hours to examine their records and register and request data and knowledge related to workers. They shall have the right to test and take any samples of the materials for conducting an analysis thereof. These employees shall have the proper to access areas allocated by the employer for labor services, and shall have the authority to use the peace force in completing their duties.
They shall also write violation tickets to employers and provides sufficient time to remedy their violations.
They may also submit violation tickets to the competent court to impose the penalty provided for by this Law.
Article (135)
In the event where workers violate the provisions of Articles 83, 84 and 86 of this Law and therefore the settlement passed in execution hereof during a manner which will threaten the environment, public health or the health and safety of workers, the workers entrusted with the inspection may write violation tickets and submit them to the competent Minister who shall cooperate with the competent authority to issue a resolution to thoroughly or partially close the workplace, or suspend the utilization of a selected machine or machines until the violation shall have been remedied.
Article (136)
Employees entrusted with the inspection shall have the authority to write down violation tickets to workers who add unspecified locations. They shall have the right to request the assistance of the public authorities and cooperate with competent authorities with regard to any goods left by said workers, where the whereabouts of the owners thereof are not known.
Section 2 – Penalties
Article (137)
Without prejudice to any more severe punishment stipulated within the other law, a fine of less than KD 500 shall be imposed on those that violate the provisions of Articles 8 and 35 of this Law. In the event of a repeat of the violation within three years from the date of the ultimate judgment, the penalty shall be doubled.
Article (138)
Without prejudice to any longer severe punishment stipulated in the other law, any person who violates the provision of paragraph 3 of Article (10) of this Law shall be punished by imprisonment for a term not exceeding three years and a fine not less than KD 1,000 and not more than KD 5,000 or either of those penalties.
Article (139)
In the event of a violation of the provisions of Article (57) of this Law, the employer shall be subject to a fine that doesn't exceed the entire of the workers’ entitlements that he did not settle, without prejudice to his duty to settle such entitlements to workers as stipulated in Article (57).
Article (140)
Without prejudice to any longer severe punishment stipulated in the other law, a fine of but KD 1,000 shall be imposed on people that obstruct the work of the competent employees designated by the Minister within the performance of their duties laid out in Articles 133 and 134 of this Law.
Article (141)
Without prejudice to any more severe punishment stipulated in any other law, any person who violates the remaining provisions of this Law and its by-laws shall be punished as follows:
a- Violators shall be warned that they ought to remedy their violation within a period that shall be specified by the Ministry, as long as such period shall not exceed three months.
b- In the event where the violator does not remedy the violation within the specified period, he shall be subject to a fine of not but KD100. And less than KD200 for each of the workers who are involved in the violation. In the event of recurrence within three years from the date of the final judgment, the punishment shall be doubled.
Article (142)
Any person, who violates the order of closure or suspension issued pursuant to the provisions of Article (135) failing to remedy the offense specified by the competent inspector, shall be subject to custody for a period, less than six months and a fine less than KD 1,000 or either of these penalties.
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