Kuwait Times

Published Date: January 13, 2010

KUWAIT: The new private sector labor law, which is set to introduce sweeping changes to employment in this sector, is shortly to be published in the official government gazette before taking effect. The bill's 150 articles, divided into seven sections, have been described by the Social Affairs and Labor Minister Dr. Mohammed Al-Afasi as a "dream come true," which "marks a new beginning in worker-employer relations." It includes the mandatory granting of holidays and redundancy pay, as well as giving worke
rs the right to transfer from one sponsor to another.

The first section of the new legislation contains six articles outlining the Ministry of Social Affairs and Labor's (MSAL) role in implementing the law and listing those it will apply to, namely all private sector employees apart from domestic staff.

The second section contains three sub-sections on recruitment, apprenticeship and professional training. It calls for the establishment of a public authority for manpower, which would control and supervise the importation of expatriate workers and their recruitment. The new legislation also prohibits employers from recruiting foreign workers without first receiving official approval.

Another of the legislative articles bans employers from employing children under 15, unless they are given specific permission to do so by the MSAL beforehand and the under-age workers are employed in non-hazardous positions for no more than six hours a day, to include a one-hour break.

Article 22 of the new law bans women from working between 10:00 PM and 7:00 AM, with the only exceptions being those employed in hospitals and private clinics, reported Al-Rai.

Another clause grants pregnant public sector employees a fully paid maternity leave period of 70 days, which will not be deducted from other holidays which they are due. New mothers will also be entitled, should they request it, to a four-month vacation period after giving birth, with those breastfeeding their babies being granted a two-hour period during official working hours for feeding their baby. Employers, meanwhile, are to be mandated to provide kindergarten facilities for female employees' young ch
ildren if the number of employees totals more than 50.

Another article of the new legislation states that all labor contracts will be in triplicate, with one copy being retained by the employer, while another is to be given to the worker and a third will be sent to the MSAL. The contracts will have to include details of the contract duration, salary and date of commencement. Contracts are to be limited to a minimum of one year's duration and a maximum of five.

Meanwhile, employers will be legally bound to provide proper accommodation and means of transport for those working at remote locations, while the new law ensures that employees cannot be financially penalized unless they are first notified in writing and allowed to argue in their own defense.

On the subject of firing workers, the new legislation states that employers will be allowed to terminate an employee's contract without prior notice or compensation only if the employee have been absent without justification for seven consecutive days, had 20 days off without good reason within a year or been found guilty of a serious crime.

In other cases, employers will have to give any employee they wish to dismiss three months notice of termination. On the subject of redundancy pay, under the new law terminated employees will receive 15 days pay for each of their first five years of employment, followed by a full month's wage for each subsequent year of employment, provided that the full payment does not exceed 18 month's wages in total.