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E PR E E u

!Kuwait Labor Law No 38 Up to 2006

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This is the Kuwait Labor Guide that was in effect from the start date of ITTs contract and also CSA's contract. When your contract says Kuwait Labor Law applies - this is it. The Overtime, and the holiday pay.This was not superceded until April 2010.

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Page 1: !Kuwait Labor Law No 38 Up to 2006

E PR E Eu

Page 2: !Kuwait Labor Law No 38 Up to 2006

M.A. MURSI

No. 38 of 1964with amendments upto

2006

ALL RIGHTS ARE RESERVEDNO PART OF THIS PUBLICATIONMAY BE REPRODUCED OR TRANSMITTEDIN ANY WAY OR BY ANY MEANSWITHOUT OUR PRIOR CONSENT.

EW PRIVATESECTOR

LABOUR LAW

I Translated by M.A. MURSISWORN & CERTIl1'IED

TRANSLATOR

Page 3: !Kuwait Labor Law No 38 Up to 2006

INDEX

• Private Sector Labour Law No. 38 of 1964 (Text of the Law Promulgated) 15

• CHAPTER I: The Scope of the law application - Identification of Labour andEmployer 15

• The categories exempted from the application of the Law provisions. VideArticle "2" thereof 15

• CHAPTER II: Immigration and Labour Permits. Articles from 3 - 7 15

• CHAPTER III: Employment. Articles from 8 - 11 16

• CHAPTER IV: Employment Contract: Article 12 refers 17The maximum requirements of particulars included in the employment contract.Article 12 17

• Nature of Contract, whether made for a fixed or unfixed term and the provisionsapplicable to be abide by. Article "13" refers 17

• Prevailing Language of the employment contract. Vide Article 14 17

• Maintenance of a fair equal treatment between the labourers of the mainemployer and those of another employer to whom a part of the work isentrusted. Vide Article 15 17

• The Probation Period, its conditions and Labourer's entitlement upontermination of his/her services.during the Probation Period. Vide Article 16 ..... 18

• CHAPTER V: Employment of Juveniles: Definition of a Juvenile. Vide Article17 18

• Prohibiting employment of a juvenile under 14 years of age. Article 18 refers.... 18

• Conditions under which juveniles are employed. Vide Articles 19 - 22 " 18

• CHAPTER VI: Employment of women. Articles 23 - 27 19

• CHAPTER VII: WAGES: 19

• Definition of wages. Article 28 19

• Estimate of wages, fixed times of wages payment and the conditions oftransferring of a monthly rate labourer to a daily/weekly or piece work categoryand/or the like. Vide Article 29 .........................................................•..... 19

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• Impermissibility of obliging a labourer to buy a certain commodity from aspecific place. Vide Article 30 .

• The maximum permissible amount, deductable by the Employer for settlementof any debts due to him. Vide Article 31 .

• Limits of attachment on wages. Vide Article 32 .

• CHAPTER VIII: Work hours & leaves

• Maximum daily and/or weekly work hours, ma~imum continuous wor -hours, and increase or decrease of work hours. Article 33 refers .

• Overtime on normal working day. Conditionsunder which a labourer is entrusted withsuch a work. The wages due and the time ofpayment. Vide Article 34 .

• Weekly rest without pay, and the pay the labourer is entitled to when he/she iskept in work during such weekly rest day. Vide Article 35 .

• Official holidays with pay, and the wage the labourer is entitled to when helsheis kept on duty during such a holiday. Vide Article 36 .

• Sick leave. Article 37 refers : .

• Annual leave, and the relevant entitlements of both i.e the employee and theemployer Vide Article 38 " 39

• CHAPTER IX: Work Conditions .

• Vide Articles 40 "46 .. .

• CHAPTER X: Work Regulauons & Penalties

• Labourers Register Article 47 refers .

• Attendence Card. Vide Article 4~ .

• Daily attendence schedule. weekly rest and official holidays. Vide Article 4\1 ....

• Penality List. Vide Article 50

• Rules and supulatron hI he satisfied upon applicauon of the penalty list. VideArticle 51: .. .

• CHAPTER XI. Explr\ of Labour Contract and ~erminal inderrunitv:

• implied renewal of" fixed term Labour Contruct: Vide AUI\;k 52 .

• Ir-rnunation (If contract and the relevant obugnuon of either par ty .. Article 53refer». . .

20

20

20

20

20

20

21

21

21

21

23

23

23

23

23

• Service Terminal Indemnity. Vide Article 54 . 24

• Cases under which a labourer's Service may be terminated. Article 55 refers ..... 24

• Restrictions service terminal Indemnity. Vide Article 56 . 25

• Cases where a labourer may leave the service, besides being entitled to serviceterminal indemnity. Vide Article 57 . 25

• Termination of labour contract, under reasons due to labourer. Labourer'sentitlements, or entitlements payable to labourer's heirs. Vide Article 5~ .

• Termination of labour contract due to reasons relating to the legal entity of thefirm Vide Article 59 .

• Obligation of employer to give the labour a service te~inatio~ certificate, withreturn of all testimonial certificates and/or tools deposited WIth the employer.Vide Article 60 .

• CHAPTER XII: Compensation for labour accidents and Industrial diseases: .

25

25

2526

• 1st.: Labour Accidents . 26

• The Procedure to be followed in the event of labour accident during workinghours and by reason of work. Articles 61 & 62 refer . 26

• Employer's obligations towards his injured labourer. Article "63" refers . 26

• The wage the injured labourer is entitled to during the course of treatment.Vide Article "64" . 26

• The rules of compensation entitlements in the event of a Physical disability,when such compensation is payable to a labourer's heirs and the restrictionapplicable to payment in certain cases. Article 65 refers . 26

• 2nd.: Profession Diseases . 26

• Authorizing the Minister of Social Affairs & Labour to prepare the professiondiseases schedule, the industries and the works causing the same. Article 66refers . 26

• The Provisions applicable to Industrial diseases. Vide Article 67 .

• The relevant responsibility of the employers in the event of plurality and if theyare more than one. Vide Article 68 .

• CHAPTER XIII: Organizations of Labourers and Employers .

• The right of forming federations by employers and Trade Union by Labourers.Vide Articles 69 & 70 .

• Stipulations under which a Trade Union may be established and conditions ofmembership i.e of joining the same. Vide Article 7[ .

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... hi h Trade Union shall refrain. Article 73 refers .• Prohibited ISSue,from w c a

• Procedure to be followed when forming Trade Union. Vide Article 74 .

• The right of objection exercised by the ~stry. of Social Affairs & Labourregarding formation of any Trade Union. Vide Article 75 .

• Registers and books to be kept by a Trade Union. Article 76 refers .

• Dissolution ofa Trade Union - Article 77 refers .

• Established Penalties applicable to employers in the event of Te~na~g alabourer or inflicting out any penalty on him by a reason of a Trade Umon Issue.Article 78 refers .

• The right of Trade Unions to form Trade Union Federations. The relevantgeneral conditions, the rights and obligations applicable. Articles 79 - 84 .

• Federations of Employers. Vide Articles from 85 - 87 .

• CHAPTER XIV: Conciliation and Arbitration of Collective Labour disputes .

• Collective labour disputes, stages of settlement Vide Article 88 .

• Authonzation of the Minister of Social Affairs & Labour to issue the rulesgoverning collective disputes. Vide Article 89

• Employers joint committees and their pertinent Articles. Vide Article 90 .

• Higher Advisory committee for Labour Affairs, and authorization of theMinister' of Social Affairs & Labour to issue the relevant decisions and orders.Vide Articles. 92 & 93 ' , .

• CHAPTER XV: General Provisions .

• Nullity and voidance of any provision contradictory to Law, save those whichare more benificial to a labourer. Vide Article 94 .

• The Ministry's jurisdiction and right of inspection. Article 95 refers .

• The labour case, the limitation of case institution, the manner and procedure ofits hearing. Vide Article 96 .

• The procedure of punishment execution regarding an employer violating theLaw. Vide Article 97 .

• Explanatory Memorandum on Private Sector Labour Law .

• Introduction, development of labour relations, government intervention forregulation of the labour relations, reference and source of the Law as well as thelegislative method .

• CHAPTER I: The scope of the Law application .

6

28

28

29

29

30

31

31

31

32

32

32

32

33

33

33

35

35

38

• CHAP1ER II: Immigration and Labour Identity Cards .

• CHAP1ER III: Employment .

• CHAPTER IV: Employment Contract .

• CHAP1ER V: Employment of Juveniles .

• CHAPTER VI: Employment of Women .

• CHAPTER VII: Wages. Increment Allowances, Incentive bonus, remunera-tions and commissions etc. .. .

• Gratuities, In-return allowance and Profit sharing .

• CHAPTER VIII: Working hours & leave , .

• CHAPTER IX: Labour Conditions .

• CHAPTER X: Labour Procedure and Penalties

• CHAPTER XI: Termination of employment contracts and' service terminalindemnities .

• CHAPTER XII: Compensation for labour accidents and profession diseases ....

• CHAPTER XIII: Organizations of labour and employers .

• CHAPTER XIV: Collective labour Disputes Conciliation and Arbitration .

• CHAPTER XV: General Provisions .

• Executive revolutions and orders of Law application .

• Resolution No. 1 concerning the executives rules of Trade Union OrganicStatute .

• Standard Rules of Trade Union Organic Statute .

• Resolution No. 2 on Preliminary Measures concerning formation of TradeUnions , .

• Resolution No.4, concerning the Standard Organic Statute of the Trade UnionFederations, and Kuwait General Trade Union Federation .

• Standard Organic Statute of Trade Union Federation .

• Ministerial Resolution No.5, on the Preliminary Procedure to be followed forformation of Trade Union Federations and Kuwait General Trade UnionFederation v' .••.••......•.••••••••••••.•••••

• Ministerial Resolution No.6, organizing the Higher Advisory Committee ofLabour Affairs and its relevant procedure .

40

40

40

41

4242

43

43

44

454546

46

47

55

S7

58

66

68

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• Ministerial Resolution No.9 closing down Private Labour Employment andLabour Supply Offices .

• Ministerial Resolution No. 12, fixing fees for issue of labour - identity card fornon-Kuwaiti Labourers .

• Ministerial Resolution No. 13, fixing labour-identity card renewal fee fornon-Kuwaiti Labours .

• Ministerial Resolution No. 17 on occupational and Industrial diseases, includingpertinent diseases caused thereby .

• Ministerial Resolution No. 23 of 1974, organizing the Procedure of medicalarbitration in the event of Industrial accidents and occupational diseases .

• Ministerial Resolution No. 24 of 1975 forming the preparatory committee onaccidents Protection Works .

• Ministerial Resolution No. 25 of 1975 on Juvenile Work .

• Ministerial Resolution No. 28 of 1976, defining the term "Night" .

• Ministerial Resolution No. 30 of 1977 concerning the powers of the competentofficials. supervising the implementation of the labour Laws and their executiveresolutions and rules .

• Ministerial Resolution No. 35 of 1978, on entry permits to dangerous areas andsuch other locations .

• Ministerial Resolution No. 42 of 1979. constituting the standing committee forcoordination of work between the Ministries of Public Health and Social Affairs& Labour in the area of vocational safety and health .

• Ministerial Resolution No. 43 of 1979, on standard measures and requirementsto be satisfied at the places and sites of work for protection of labourers,Machinery installations and handled materials against the potential danger ofwork accidents, hazards to health and occupational diseases .

• Ministerial Resolution No. 45 of 1979, concerning the Tables of safety standardmeasurements and criteria at places and areas of work.

• Ministerial Resolution No. 46 of 1979 on the powers of the officials delegated bythe Ministry of Public Health to supervise the implementation of Labour Lawswith the relevant executive rules in the area of vocational health .

• Ministerial Resolution No. 49 of 1981, constituting the permenant committeefor coordination of work between the Ministeries of Public Health, SocialAffairs and Labour and Shuaiba Area Authority in the field of Safety andVocational Health .

• Ministerial Resolution No. 51 of 1981, concerning the collective Labour DisputeReconciliation Committee .

8

70

71

72

73

85

8991

94

95

104

110

112

115

• Ministerial Resolution No. 52 of 1981, amending certain provrsions ofMinisterial Resolution No. 51/1981 on Reconciliation of collective labourdisputes 118

• Ministerial Resolution No. 54 of 1982, concerning labourers weekly-rest-day .... 119

• Ministerial Resolution No. 55 of 1982 on annual leaves with pay..................... 120

• Ministerial Resolution No. 56 of 1982, on precautionary measures for protectionagainst machinery hazards...................................................................... 121

• Ministerial Resolution No. 57 of 1982 on Protection against toxic hazardsresul tin g from benzo I ---- ------ ---- ----------------------- -------- ------ ------ --------------- ---- 123

• Ministerial Resolution No. 58 of 1982 constituting a committee to study thedraft of the Private Sector Labour Law 126

• Ministerial Resolution No. 59 of 1982, adding a new Article to the MinisterialResolution No. 43 of 1979, concerning the precautionary measures to besatisfied at the locations and sites of works for protection of labourers againstwork hazards and occupational diseases 128

• Ministerial Resolution No. 60 of 1982, conerning issue of labour identity cardsto non-Kuwaiti Labourers 129

• Ministerial Resolution No. 61 of 1982, exacting (imposing) a general fee on theapplications forms of labour permits, declaration and undertaking.................. 131

• Ministerial Resolution No. 64 of 1982, organizing the issuance of labour identitycards to non-Kuwaiti labours 133

• Ministerial Resolution No. 65 of 1983, concerning the appointment ofcompetent employees, entrusted with supervising the implementation of labourlaws and their executive rules and regulations............................................. 135

• Ministerial Resolution No. 66 of 1983, promulgating the table identifying theapplicable percentage of disability cases in the event of labour accidents oroccupational diseases 137

• ~ni~terial Resolution No. 67 of 1983, amending the valid duration of labourIdentity card in the Private Sector 155

• ~n~sterial Resolution No. 68 of 1983, concerning the implementation of theMimsterial Resolution No. 67 on amendment of the validity of the PrivateSectot Labour Identity Card................................................................... 157

• ~n~sterial Resolution No. 69 of 1983, on application of Article "6" of theMimsterial Resolution No. 64 of 1982 158

• Ministerial Resolution No. 70 of 1983, concerning the enforcement of inspectionon Labour Permits --_______________________________________________________________________159

Page 7: !Kuwait Labor Law No 38 Up to 2006

• Ministerial Resolution No, 71 of 1983 on labour identity cards for non-Kuwaitilabourers in the Private Sector .

• Ministerial Resolution No. 72 of 1984, amending certain provisions of theMinisterial Resolutions Nos. 60 & 64 of 1982 concerning issuance of labouridentity cards for the Private Sector non-Kuawiti labourers .

• Ministerial Resolution No. 73 of 1984 enforcing the amendment specified in theMinisterial Resolution No. 72 of 1984, concerning labour-identity cards fornon-Kuwait labourers .

• Ministerial Resolution No. 74 of 1984, on collection of labour identity cardrevenue stamp value : .

• Ministerial Resolution No. 75 of 1984, on reciprocal treatment of GulfCooperation Council Nationals as same as local citizens, regarding labourdealings .

• Ministerial Resolution No. 76 of 1984, exacting a fee on labour statementsreproduced by the computer .

• Ministerial Resolution No. 77 of 1984, concerning issuance of labour identitycards to non-Kuwaiti labourers .

• Ministerial Resolution No. 78 of 1984, limiting issuance of labour identity cardsto certain labour sectors .

• Ministerial Resolution No. 79 of 1984, obliging employers to present acertificate from the Public Institution for Social Security. conforming thesettlement of their subscription to the said institution .

• A Circular No. 80 of 1984, addressed to all staff of labour departments .

• Ministerial Resolution No. 81 of 1984, obliging employers concluding contractswith the Government to use Kuwait Airways Corporation flights, under acertain procedure .

• Ministerial Resolution No. 82 of 1984, permitting domestic servants and the liketo join work in the Private Sector .

III• Ministerial Resolution No. 83 of 1984, prohibiting issuance of labour permits to

female labourers from the Republic of Bangladesh --------------------------------------

• Ministerial Resolution No. 84 of 1985, appointing the competent officials.concerned with 'the supervision of labour permits. with the Identifications oftheir powers and responsibilities .

• Ministerial Resolution No. 85 of 1985 on employment of women at night ---------

• Ministerial Resolution No. 86 of 1986. obliging employers. deemed to bebeneficiaries under the Ministerial Resolution No. 77/84. to present a

10

160certificate, issued by the Public Institution for Social Security, duly conformingtheir subscription to the said Institution including their Kuwaiti employees ..... 186

161 Ministerial Resolution No. 87 of 1989, organizing the Private Sector LabourLaw . 187

163• Ministerial Resolution No. 100 of 1993, amending certain provisions

of Ministerial Resolution No. 99 of 1993 organizing Private SectorLabour . 195

164• Ministerial Resolution No. 101 of 1993, concerning financial Guaran-

tee of Private Sector Labourers and withdrawal there from . 197

• Ministerial Resolution No. 104 of 1993, concerning Private SectorOvertime hours . 201

165 • Ministerial Resolution No. 110 of 1995. - Transfer of Salary toBank . 203

166 • Law No. 30 of 1995 amending certain provisions of Law No. 38 of1964, concerning Private Sector Labour Law . 204

167 Decree No. 57 of 1996 repealing the operative provisions of DecreeNo. 221/93 setting up the Central Committee for handling IllegalResidents 209

174 Decree No. 58 of 1996 setting up the executive committee for IllegalResidents Affairs........................................................................... 210

176• Ministerial Resolution No. 115 of 1996, promulgating the Rules & Regulations

Organizing the private newcomers recruitment 212

In • Ministerial Resolution No. 117 of 1997 - Transfer of Work Permit 219

• Law No.2 of 1997, amending certain provision of Law No. 38 of 1964 on PrivateSector Labour Law ... .. . . . . . . . . . . . .. . . . . . . . .. . .. 221

178 • Ministerial Resolution No. 119 of 1998 ,......................... 222

• Ministerial Resolution No. 121 of 1998 224Ill)

Ministerial Resolution No. 123 of 1999, amending certain provisions of ResolutionNo. 106 of 1994 on organization of Private Sector Labour............ 225

Ministerial Resolution No. 151 of 1999 reforming the Higher Advisory Committeeof Labour Affairs 228

181 •

• Ministerial Resolution No.6 of2000 proclaiming the Kuwaiti Union of Owners ofAdvertiSing Companies & Establishments...... 231182

184 • Ministerial Resolution NO.7 of2000 Proclaiming the Union of Companies &Owners of Driving School Establishments . 232

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• Ministerial Resolution No. 127 of2000 non Application of certain provisions ofMinisterial Resolution No. 123/99 .

Ministerial Resolution No. 129 of2000 extending validity period of provisions ofMinisterial Resolution No. 12712000 234

• Ministerial Resolution No. 130 of2000 on the stay of execution of certain provisionsof Ministerial Resolution No. 123/99 , 235

• Ministerial Resolution No. 131 of2000 236

• Ministerial Resolution No. 132 of2000 on the establishments abided by the provisionsof the Private Sector Labour Law and all implementing Ministerial ResolutionsThereof , .

• Ministerial Resolution No. 136 of2001 issuing Work Permits 238

• Ministerial Resolution No. 44 of2001 amending certain provisions of theMinisterial Resolution No. 51/1981 on the Collective Labour DisputesReconciliation Committee......................................................... 240

• Ministerial Resolution No. 140 of200 I concerning stay of execution of certainprovisions of the Ministerial Resolution No. 13512001 242

• 'Ministerial Resolution No. 141 of200 I concerning extension of execution ofMinisterial Resolution No. 13912001 244

• Ministerial Resolution No. 133 of2003 amending certain provisions of MinisterialResolution No. 144 of2001 246

• Ministerial Resolution No. 151 of 2004 248

• Administrative Resolution No. 156 of 2005 .

• Ministerial Resolution No. 159 of 2006 .

12

233

250

252

FOREWORD

Our Dear Readers,

As legally authorized & sworn translators of Kuwait Government Gazette, we arequite pleased to introduce to you our Twelfth Publication of New AmendedKuwait Private Sector Labour Law No. 38 of 1964, together with its explanatorymemorandum & all relevant resolutions, covering pertinent provisions up to thisyear 1989.

Really our main objective is to acquaint our English Readers with all legislationsof this beloved country, so that they will be well aware of the provisions, governingtheir relationship within the area of employment and business activities.

We hope that this book will serve its purpose and we always assure you of ouraccurate translation services as we believe that your satisfaction is our profession.

M.A. MURSIMANAGER

TRANSLATION SERVICESAL NAMA INTERNATIONAL

(NITAS)

Page 9: !Kuwait Labor Law No 38 Up to 2006

LAW NO. 38 OF 1964 CONCERNING LABOURIN PRIVATE SECTOR

WE JABER AL-AHMAD AL-JABER,DEPUTY AMIR OF KUWAIT,

Having seen Articles 22, 61 & 65 of the Constitution; andLabour Law for Private Sector of 1959, duly amended by the Amiri Decree

No. 43 of 1960 and Law No. 1 of 1961,The National Assembly has ratified the Law of the following provisions,

which we do hereby approve and promulgate:-

CHAPTER 1SCOPE OF LAW IMPLEMENTATION

ARTICLE J

The word «LABOURER" means every male or female worker andemployee, performing any manual or mental work in consideration for a wageunder supervision or order of an employer.

The word "EMPLOYER •• means every natural or judicial person having aprofession, or trade from the work he pursues and who employs labourers inconsideration for wages.

ARTICLE 2The following categories shall not be subject to the applications of this law

provisions (save cases where othrwise provided).

a. Government staff and employees, governed by the civil public grades law(Decree No. 7 of 1960).

b. Government labourers governed by the labour law of the Government Sector(Law No. 18 of 1960).

c. Government Labourers contracted in accordance with the regulations pertain-ing to employment of Indians and Pakistanis.

d. Labou~ers temporanjv employed in casual seasonal works nature of which notexceeding a SIXmonth period.

e. Domestic servants and those having their status.

f't °hwnefirsof non-mechanical minor business concerns, normally employing lessan ve labourers.

g. Sea labourers.

CHAPTER IIMIGRATION AND WORK PERMIT

ARTICLE 3Ia~mploye~s are prohibited from employing non-Kuwaiti labourers unless suchMi . ers are m possession of valid work permits or are at least registered with the

DlStry of SocIal Affairs & Labour.

Page 10: !Kuwait Labor Law No 38 Up to 2006

. . I shall also apply to the labourers stated inThe provisions of this Artie ~ Article 2 hereof.

paragraphs b, c, d, e. f and g 0

ARTICLE 4A work permit shall be issued under the following terms.-

d th Country in a lawful manner.1. The labourer must have entere e

2. The labourer should be a holder of a valid passport.

id permit3. The labourer should have secured a rest ence .

4. The labourer must be of good conduct and behaviour.

The work permit shall be issued against payment of a fee to be fixed by theMinistry of Social Affairs & Labour.

ARTICLE 5

A work permit shall be. valid for a term of two years, .a~d r~n~:a~!~~;~:r'~year. It shall, under no Circumstances, exceed the peno 0

authorized residence.

ARTICLE 6The Ministry of Social Affairs & La?our shall have the right to cancel the

work permit in the event of the followmg:-

1. If the permit-holder failed to satisfy any of the terms stipulated in Article 4hereof.

If it deems that the continuation of a permit-h<!lder in the work shall2. ., . te with the national labourers \0 the labou.r mar~et.

p~~~~~;~~I~u~~~~ may not affect the labourer's right stipulated 10 Article-54thereof.

3. If a permit-holder has been unemployed for at least a three month period.

ARTICLE 7The Ministry of Social Affairs & Labour shall promulgate the regulating rules

for issuance of work permits and cards.

CHAPTER IIIEMPLOYMENT

ARTICLE 8I d I bo rers shall have the right to register with the Ministry ofUnemp oye au. hi h f hi h I'Social Affairs & Labour, or with any of its branches, Wit \0 t e scope 0 w IC ie

the residential localities of such labourers.

The Ministry shall endeavo.ur to ~I~ce these labourers in jobs and workssuitable to their age and technical efficiency.

6

ARTICLE 9Any unemployed labourer may not be employed in any permanent job unless

he is registered with the Ministry of Social Affairs and Labour.

ARTICLE 10Priority of employment shall be made in the following manner:-

1. A Kuwaiti labourer.

2. An Arab labourer, holding a work permit, or being registered with the Ministryof Social Affairs & Labour.

3. A foreign labourer, holding a work permit, or being registered with the Ministryof Social Affairs & Labour.

ARTICLE 11

Establishment of private profit-making employment offices or undertaking tosupply and exploit labourers is prohibited. Charitable Societies and trade unionsare excluded from such prohibition, provided that a permit covering theestablishment of their own employment offices is obtained, and that they rendersuch services free of charge.

CHAPTER IVCONTRACTSARTICLE 12

Employment of a labourer shall be made under a contract in writing or verbalshowing in particular the date of appointment, the value of relevant wage, theterm of contract, if fixed and the nature of the job. In the event of a verbalcontract, the labourer or employer may prove his right by all evidential methods.

ARTICLE 13A contract mayor may not be made for a fixed term. In case the term of the

contract is fixed, it shall not exceed five years, even though a contract may berenewed upon expiry.

ARTICLE 14. Ald

lCobntracts, as well as correspondence, circulars, bulletins and regulations

ISSue y the employers to his labourers, shall be made in Arabic.

A b~ transl~tion in any other language may be added, with consideration that thera IC text IS confirmed to legally prevail in the event of any dispute.

ARTICLE 15tbe If an employer entrusts another with performing any of his work or parttre:::f, the latter shall, with regard to all relevant rights, maintain ,,,.1 equal

ent between his labourers and the employers' labourers (within the limits of.llIn?UnlS due to the latter employer from the original employer). For

tlon of the provisions of this article. the following shall be observed:-

Page 11: !Kuwait Labor Law No 38 Up to 2006

1. The work entrusted must be one of the original works carried on by theemployer.

2. The work entrusted must be in the area of original works carried on by theemployer.

ARTICLE 16

The labourer's probation period shall be fixed in the service co~tract,provided that it shall not exceed 100 days. The e~ployer. shall have th~ nght.t0terminate the services of the labourer without nonce dunng such a penod, withpayment of his' relevant indemnity in accordance with Article 54.

A labourer may not be engaged on probation by any single employer for morethan one time.

CHAPTER VEMPLOYMENT OF JUVENILES

ARTICLE 17

«JUVENILES» as in the provisions of this law means every male or femalecompleted 14 years but not yet passed 18 years of age.

ARTICLE 18

Employment of either sex under 14 years of age is prohibited.

ARTICLE 19

Employment of Juveniles between 14 and 18 years of age may be made underthe following terms:-

a. To obtain a permit from the Ministry of Social Affairs & Labour.

b. To be medically examined. prior to employment, and periodically thereafter.

c. To be employed in industries and trades other than those dangerous andharmful to health. regarding which a decision shall be issued by the Ministry ofSocial Affairs & Labour.

ARTICLE 20

The Ministry of Social Affairs & Labour may. for the purpose ofapprenticeship. employ a juvenile in any of the industries and trades provided forin paragraph (c) of Article 19 hereof.

In such cases the following terms shall be observed:-1. The juvenile should not be less than 14 years of age.

2. He should be medically fit for such industry.

]. Any measures and conditions. of which a decision relating to apprenticeshipmay be issued. shall apply to him.

ARTICLE 21

A juvenile may not be employed at night. i.e , for sunset to sunrise.

ARTICLE 22

The juveniles maximum hours of work shall be six hours a day, provided theyare not made to work for more than four hours consecutively, which shall befollowed by at least one hour rest break.

CHAPTER VIEMPLOYMENT OF WOMEN

ARTICLE 2J

~om~n ~ay not be ~mployed at night, with exception of private clinics and-other msntutrons, regarding works of which a decision shall be issued b th

Ministry of Social Affairs & Labour. y e

ARTICLE 24

Employm.ent of. women .i~ industries or trades dangerous and harmful tohealth, regarding w~l~h a decision shall be issued by the Ministry of Social Affairs& Labour, IS prohibited.

ARTICLE 25

A pregnant woman shall b~ entitled to a maximum leave of 30 days prior toconfine!"ent and 40 days following confinement with full pay. A female labourermay, without pay and af~er such a period. not report to duty for a maximum termof one hundred co~seculJve(~r non-consecutive day. in the event of any sickness,proved ~y a medical certificate to be occurel!' ~ a result of gestation a dparnuranon. n

ARTICLE 26

Annualle.a~e entitlements of a female labourer shall be forefeited if she madeuse of the privileges secured under Article 25.

ARTICLE 27

.A female labourer shall be granted a wage similar to that of a man if shecarnes out the same work.

CHAPTER VIIWAGES

ARTICLE 28A wage means th b .

remunerations c . e. asic wage of labourer. plus every usual allowanceswages the last' lommls.slons. grants or periodical gratuties. Upon calculation ofhis waDe on thsabary. paid to a labourer shall be considered. If a labourer receives

D e aSIS of piec k th I .average wage dul . .e wor. e re evant estimate shall be made on themonths. y paid to him for the actual working days during the last three

ARTICLE 29. Wages may be estimat d h

paid on a workin d e per our, w~ek. month or per piece. and shall beIVation of t~ a'lalt the place ~f.work In the legal currency in circulation with

e .0 OWing provisrons:

Italy rate labourers shall be id h .pal t err wages at least once a month ...,

Page 12: !Kuwait Labor Law No 38 Up to 2006

a) Optional dissolution:

The funds of the Trade Union shall be liquidate~ under a resolution ~assed bythe General Assembly in accordance with the Organic Statu~e,and the Ministry ofSocial Affairs and Labour shall be notified accordingly, within a week from thedate on which the dissolution's decision was passed.

b) Compulsory Dissolution:

By institution of a legal action brought the Court of First. Insta~ce by theMinistry of Social Affairs & Labour for the purpose of rendenng a Judgementdissolving the Trade Union if it committed any acts deemed to be contradictory tothe provisions of the Law and the Laws relating to the preservation of the publicorder and moral. The said Court judgement may be appealed within thirty daysfrom the date of its pronouncement before the Court of Appeal whose judgementshall be final.

The funds of the Trade Union after liquidation shall, in all cases, be handedover to the Ministry of Social Affairs & Labour.

ARTICLE 78Any employer or his agent shall be punished by the penalties provided for

under Article 97 Kuwait Labour Law if he or his agent terminates or inflicts outany penalty of a Labourer for the purpose of forcing him to join, refrain fromjoining or to withdraw from any Trade Union or as a result of performing anyfunctions of a Trade Union or implementing its legal resolutions.

ARTICLE 79Any Trade Unions constituted in accordance with this Law may form among

themselves Trade Unions Federations to take care of their mutual interests.provided that such Federations of Trade Unions shall include only the TradeUnions of the same profession. or the same industry or industries participating inproducing the same or similar type of commodities.

ARTICLE 80The Trade Unions and Federations constituted in accordance with the Law

may form among themselves a General Federation of Trade Unions. but not morethan one single Federation of Trade Unions may be constituted throughout theState.

ARTICLE 81The constitution and dissolution of the Trade Unions Federations and the

General Federation of the Trade Union shall be subject to the provisions of thisLaw duly governing the formation and dissolution of the Trade Union. which shallalso have all rights and obligations applicahle thereto.

ARTICLE 82The Trade Union Federation' and the General Federation of Trade Unions

shall conduct their business in accordance with their Organic Stautes. which inparticular shall specify the rules required to he follo~ed ~or representation (If theTrade Unions or the organized Trade Union Federation 10 the General Assembly

Committee, which shall be composed in the following manner i-

1. A person from the Higher Court of Appeal Department, duly appointed everyyear by the General Assembly of the said Court.

2. A Chief Prosecutor to be assigned by the Prosecutor General.

3. A repres~ntative from the Ministry of Social Affairs & Labour to be a . t dby the Minister of the said Ministry. The employer or his repre'sentativ~~~~nt~ispurpos~, and the representatives of the labourers may appear before theCommittee, provided that the representatives of either party shall not bthan three. e more

The. decision of the said Committee shall be conclusive and bindin b hparties. g on ot

ARTICLE 89

. Th~ Ministry of Social Affairs & Labour shall issue all decisions. rules andinst ructions regulating the procedure provided for in the preceding Article.

ARTICLE 90

The Employers and labourer~ may., among themselves, form loint Commit-te~~. for the purpose of cooperating With each other in settlement of disputes,raismg the SOCialstandard of labourers. orga~lzlng labour services, identifying therates of wages and r~lsmg up the production, together with any other issuesconcermng both parties.

Such Committees may be established in every single firm or at the level ofIndustry.

ARTICLE 91bi Eyery Joint Committee shall have constructional regulations identifying its

~ol~chv~s, the ~anner of Its compo~ition and the procedure to be followed forre . 109 Its meetlng~ and adopt 109 Its resolutions. These Committees shall be

gTe~ed at the Ministry of Social Affairs & Labour in accordance with thereso unons Issued by the Ministry in this respect.

ARTICLE 92A H' .

includin igher AdvI~ory Committee. ~or Labour Affairs shall be com osed,concern gdrep~esentatlves from the Ministry of Social Affairs and Labour PothershaJl bee re~lnIS~~TleS and the representatives of the employers and labou;ers. Itamendmentf.°nsl Ie for advising on the labour legislations and their relevant

ARTICLE 93The Ministry of So . I Affai & Labour shall iregulating its ap I' bl cia airs a our shall Issue the decisions and rules

puca e procedure.

CHAPTER XVGENERAL PROVISIONS

ARTICLE 94Any stipulation made In an individual or IIco ective labour contract in

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. tions ayable by the Trade Unionsand the Executive Board. The annual subscnp I .J'. b ified therein-and the Federations shall also e SpeCI

ARTICLE 83. F deration shall notify the Ministry

The Executive Board )f Trade Union °hr e. its centre within a week fromof Social Affairs & Labour in the event of c angmg Ithe date of such change.

ARTICLE 84. . G I Federation of Trade Unions

The Trade Unions Federations and the e~era d Union Federations ifshall have the right. t~ join any Ar~\o~ In~e~natl~n;!J::atfons, provided that thethey deem that their interests are h~ e V:f~tdsu~h' a maximum period of a weekMinistry of Social Affairs & Labour ISnot I re ~I m d .from the date of receiving their acceptance in such Fe erations.

ARTICLE 85f F d tions for the purpose ofEmployers shall ~ave th~ ~ight to orm e era I

organizing and defending their interests.

ARTICLE 86The Federatior. of Employers may not be constituted if the number of its

founder-members is less than ten.

ARTICLE 87d I' ting to the formation of the Employers' Federations, the

The proce ,ures r~ a I. the relevant control and joining of any Arab orconduct. of thelfdbusl.nes~, hall be sub]' ect to the provisions govermng theInternational Fe erauons sa. .organization of Trade Unions and Federations.

CHAPTER XIVCONCILIATION & ARBITRATION OF COLLECTIVE

LABOUR DISPUTESARTICLE 88

dis ute arises between the employer and aillor part of hislabo!~e~~~e~:~~~n~"ihe ~~ms of work, they shall abide by the following procedurefor settlement of such ~Ispute.

1st: Direct negotiation bet.ween ~h~a~:~I~Y:~~:~:; ~;:e:!~~tti~:~;:c~~~labourers or their r~pre~en~at;~~~ ~egistered at the ministry of Social Affairs &between t~e .two parties, Itfs a th d: te of its signing, in conformity with theLabour within seven days rom . ~ aprocedure determined by the Ministry.

. d between the two parties to settle their dispute2nd: If no.ag.reeme~t ISreache th arties may submit in person or through a

through negouauons. either or~? . t p f Social Affairs & Labour in an attemptrepresentative a request to the rms ry 0to settle the dispute.

. . . Affairs & Labour fails to settle the dispute within3rd: If the Ministry of SOCial ittin such a request, the dispute, at the end

(15) fifteen days f.rom the dllatebof sutml d ~o the Labour Disputes Arbitrationof the said penod, sha e re erre

contravention with the provisions of this Law shall be considered null & void evenif it was concluded prior to the implementation of this Law, unless such stipulationis more beneficial to the labourer.

ARTICLE 95The competent officials of the Ministry of Social Affairs & Labour shall have

the right of industrial inspection and the right of supervising the execution of theLaw and its implementing decisions and regulations. Consequently, they shallhave the right to examine the records and books provided for hereof and demandany data required from the employers or their agents.

ARTICLE 961) Any cases filed by the labourers in accordance with the provisions of this Law

shall be exempted from the relevant fees, and shall be heard in a summarymanner. Such cases may not be heard after a lapse of one year from the expirydate of the relevant contract. In the event of rejecting the case, the Court mayrender judgement against the plaintiff to pay all or part of the relevantexpenses.

2) The labourer shall submit a pertinent application to the Ministry of SocialAffairs & Labour prior to the lawsuit. The said Ministry shall then call bothparties of the dispute and take the measures required for settling the disputeamicably between them. In case no amicable settlement is reached, theMinistry of Social Affairs & Labour shall, within two weeks from the date ofreceiving the labourer's application refer the dispute to the Court of FirstInstance. Such reference shall be accompanied by a memorandum, coveringthe summary of the dispute, pleas & evidence of either party and the commentsmade by the Ministry. The Clerical Section of the Court shall, within three daysfrom the date of receipt of the application by the Court, fix a date for hearingthe case, of which both the labourer and employer shall be notified. The Courtmay call the person who has drawn the memorandum submitted by the Ministryof Social Affairs & Labour for clarification of the contents specified therein.

ARTICLE 97Without prejudice to any penalty provided for in other Laws or inflicted

out under judgements passed by Courts of Law, any person contravenes theproVlS~ons of this Law and its implementing resolutions shall be punished in thefollOWing manner:-

a) The ,offender shall be served with a notice for rectifying the contraventionWithin a period fixed by the Ministry.

b)If the COnt " if d .oft raventJOn IS not recti ie Within the period fixed by the Ministry, theDl,:~r shall be fined three Dinars (KD 3/-), and the said fine shall be

tiplied by the number of the labourers involved in the contravention.c) If the CIOnt '. .

~raventlon IS not rectified after infliction of the penalty provided for infiDe ib8ii'~••b» th~r~of, the offender shall be fined Five Dinars (KD 5/-) and the

be multlphed by the number of the labourers involved in the violation,

ARTICLE 98Law shall supersede the Private Sector Labour Law of 1959 and the

No. 43 of 1960 and Law No.1 of 1961, promulgating some of itswell as all peninent decisions issued.

"~ 1~

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· . .' 'sdiction shall implement this Law, whichThe Ministers, each wlthm .hlsJ~~lication in the Official Gazette, and t~e

shall be operative the date of Its Phil .ssue the resolutions pertinent to ItsMinister of Social Affairs & Labour s a Iimplementation.

DEPUTY AMIR OF KUWAITJaber AI-Ahmad AI-Jaber.

Issued on 22nd Rabi Awal, 1384 A.H.Corresponding to 1st August, 1964 A.D.

EXPLANATORY MEMORANDUM ON PRIVATESECTOR LABOUR LAW

INTRODUCTION

DEVELOPMENT OF LABOUR RELATIONS:-

The history of Kuwait Labour relations is indivisible and an integral part ofthe Socio-economic relations of the Kuwait Society i.e. the Guild relations; whichdominated the Kuwaiti society up to the fourth decade of the current century wereclearly reflected on the pearl diving and carriage by sea profession. A particularlabour system, identifying the retirement method, wage fixing (by shares), labourprocedure, ter.mination of service and dis~~tes settlement was accompanying theaforesaid relations. The owner of a pearl diving or a carnage boat used to engage anumber of seamen (crew) personally selected by him, provided that they were notbound by previous contracts or old debts to a third party, and every said crewmember is in possession of a valid document proving the same which is called(AL-BARW AH) «clearance certificate.» Immediately upon joining the crew ofthe boat, the relevant wage of share of the worker used to be fixed according to hisoccupation or position in conformity with the trade grades. The skipper of the boat(AL-NUKHADAH) had the right to apply all means deemed appropriate withinthe limits of customs and traditions for running the work on board, maintainingorder and inflicting any penalties required. All the disputes arising between theskipper and his crew used to be settled in conformity with the traditional practicevalid during that time. The citizens conventionally used to form from amongthemselves a small penal for the purpose of settling any problems occurred.

The said penal included certain people, who were well aware of the professionsecrets and principles, duly called the people of equity.

Upon discovery of oil and the start of its huge production, the pearl fishingand sea-gOing trade diminished, a result of which the vocational labour relationscomplet~ly.disappeared and were superseded by new relations, not dominated by~e r~~ctlons of vocational traditions but clearly distinguished by the individualargalnlng system between the employer and labourer for fixing the relevant

:ages, ~orlung.hours and the contracting conditions, as agreed upon between thean: partJes. ~e. said new relations were clearly retlected by Kuwait Oil CompanyWbic:

therbutldmg and construction firms carried on their activities in Kuwait,

gove managed to keep pace with the new rise and development, as well as theind.~ent departments which expanded their activities and enterprises to

~ all economic fields of the state.

~~U MENT INTERVENTION FOR REGULATION OF THE-.au R RELATIONS

~~ recent labour relations did not remain for long away from organisationgove-:nme!'t. For the purpose of identifying the steps taken by the-...n.!. ~t~s res~t. we must take into consideration every labour force-:-r::!._ In Kuwaat. However. the said labour force may be divided into-.urs, as follows:

nt Sector which includes the labourers of governmentdepartments.

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I II

Znd. The Private Sector which includes the labourers, of oil. national comIJanies.business men and private enterprises of Kuwait nationals and foreigners.

The Public Sector labour relations did remain remote from any substantialorganisation until July 1955 when the Government labourers cadre ~as, prom-ulgated, under which the said relations were subject to fundamental principles indealing, duly covering labour employment ~ondl~lons at th,e government d~part-ments during that time, together with c1asslflc~tron of thel.r grades according tocompetency and technical efficiency, The question of wor~rng hours. all ~ypes ofleaves. accidents compensations, terminal services. indemnities and penalties werealso taken into consideration,

In 19-55, circular No.9 was issued. the covering the retired labourers andemployees from India, Pakistan and Goa. which was amended in Januar~ 1957 toinclude the classification of the said employees. as well as the rates of their wages.leaves and the forms of contracts prepared to be concluded with them at theirdomiciles,

In 1960 the Government Sector Labour Law. currently applicable. waspromulgated duly covering the labour force in the PubliC: Sector, As for t~e, PrivateSector, the labour force remained to be subject to Individual bargaining andcontracting which did not undertake. in most cases. to cover anything else exceptthe conditions determined by the employer. or in some cases had to be effected bythe usage of the profession practiced by the labourer.

NEED FOR ORGANISING THE PRIVATE SECTOR LABOURRELATIONS

As the question of the Private Sector Labour relations should not be leftin-organised, particularly that the growth of such relations would be affected bycomplexity and non-stability by the lap~e. of time, a dire need had urg,ed thepromulgation of a labour law to be beneficial to both the Private Companies andlabourers, covering the said Sector and establishing the fundamental n~les u,nderwhich the labour relations should be organised. Consequently the said PrivateSector Labour Law was promulgated in 1959; and the legislator realised thenecessity of identifying the minimum terms essential for the prot~ction oflabourers included within the scope of its application, besides the protection of theemployers interests. The said law covers the deali~g rules relati~g to lab?urcontracts, immigration, wages, leaves, cornpensations and service terml~alindemnities, The said rules are made for protecting the labourer and secunngstability in the relation existing between him and the employer.

On the other hand the law secures the rights of the employer towards his, I" oflabourers regarding the measures taken to sec,ure t~e maximum Im.lts

production and order at the place of the employer s business, besides puttlOg,anend to any unfair competition between the employers who used to provideinducing terms of employment for their labourers and consequently bearadditional expenses, and the employers who stick to different or oppressive termsof employment with their labourers,

In 163 after a lapse of four years, since the ~romulgation of th~ Privat~ ~ecto~labour and its enforcement, the legislator reahsed that h~ was 10 a posiuon trevise the Articles of the said law due ~o the change of the clfcumstan~es for Whl~~the law was drafted to deal with during that time, so as to cope With the rapprogress of the society.

REFERENCE & SOURCE OF THE, LAW, ,In the Kuwait La?our Law, as stated, fundamentally aims at laying down the

nuOlumum terms required for the protection of labourers in their dealings with theemployers, then what is the criterion under which such a minimum limit shall bedetermined, to the extent it is reasonable and conforming with the casesdominating the state?

To answer this question. we must clarify the original sources of the law andthe principles which shall be referred to in every article thereof. The mostfundamental reference of which are as follows:-

Ist=Prevailing Labour Conditions

Howev~r, the most fundamental source of Kuwait Labour Law was the groupof studies and researchers conducted by the department of Social Affairs in1955 in the .C!:rea?f labour relations at home. The said study covered thelabour conditions 10 the governmental departments. as well as in about 100local private,companies, The said structure had revealed the general nature oflabour relations and the relevant conditions for drafting the governmentlabour cadre in 1':J55,

2nd=Conditiuns or work in the oil industry

The second source of Kuwait Labour Law reference is the work conditions inthe Petrol Industry. and the most important document in this area is the"EMPLOYMENT HAND BOOK" of Kuwait Oil Company. The said HandBook covers the Company Labour conditions pertinent to classification ofworkers or jobs, retired labourers. descipline, termination of services,compensations. working .hours. ~ages. i?crements. vocational training.leav~s, SOCial care, medical service. accidents precautionary measures,housing, and such other detailed issues relating to the labour terms andconditions in the Company,

Te ~e said stu~y was completed by the report drafted in October 1956 by aLa:mcal Committee from the Departm~~t of the Ministry of SOCial Affairs and

':Ir, duly covermg the labour conditions In Ahmadi area, The said report~:!~i~ed.a detailed study for tw,o issues of great significance i.e. the question ofwo k ~II Company ~elatlOns With the Contractors of labourers & contractors ofset:li' t ,en. t~e question of penalties inflicted on labourers and the means of

ng mdlvldual complaints in the areas,

3rd=Arab labour legislation comparative studies

COrn Upo~ drafti~g the Kuwait Labour law we did rely on labour relationcou.r.a~ahve studies applicable in a number of Arab Countries specially suchkuw ~es of economical and industrial circumstances similar to those ofdi"eall, besides taking into consideration the rates of similarity and their

&I' rences. For this Pd' , .draft. Leb ' urpose, we ~,a e use of Bahram Labour Law originalin Liby nd Ir & SYTIaLabour unified law and the draft of unifed labour law

a an raq, as well as some legislations of the United Arab Republic,

lions or Arab League and international labour agreements

ding such reco •..• d ' , ,A b ' millen at IOns we mean the labour legislations. r: Social Studies syposiums in addition to 1956 Arab States

Ion Committee Report which contained the minimum

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CHAPTER IV

standard of the provisions to be covered by the law in the Arab States, Thesaid report was one of the most fundamental and ,acc~rate works o! the Ar,abLeague as it was drafted on the basis of labour legislation comparative studiesin the entire Arab Countries in the light of the international agreements andrecommendations, duly issued by the Internation~1 Labour Organisation.The said report specified the minimum standard ~hlch should be observed !nthe Labour Legislations, particularly those relating to the I~bour con~rac,t I~~conditions as well as protection of labourers, trade umon, org,amzatlO,n,dispute settlement, collective negotiation, Employment, Immigration, socialsecurities administration & technical system of labour affairs,

From all such sources, we managed to reach drafting the articles of thisLaw which is deemed to be representing «the minimum reasonable limit» ofKuwait Labour terms, Nevertheless, we must indicate herein that the aid

, minimum limit shall not affect any higher labour terms thereof which weregranted by all or some employers to their labourers within the past few years,nor such a minimum limit shall prevent the employers in future from goingbeyond it whether at their own discretion or as a result of individual orcollective negotiations with their labourers,

However, the law after its promulgation shall not permit any action orattempt to abate the labour terms below the standard designed for such termsin every article thereof, But the principle which shall prevail is that there is noobjection to contravene the law as long as such contravention shall result inmore benefits to the labourers,

j(:~ u,nder the super,vision or orders of the employer and the second pays there evant remuneration. Therefore persons wh "ac~o~~t ~)fa t~ird party. without b~ing und~r hi:)s~~~r:Vi~i~tna07o;::~ !~~~~~the relationship eXIsting between an engineer and the ow f b ildit, 'I ' ,I h ~ ner 0 a UI mg or aal or anu t e owner of the clothes shall not be' ,.1 d i hI I" . . InC uue in t e scope of thisaw app rcation. The Law excepts from its rovisions I ' I.

which agreed in most of the civilized wunt~es to exe~~/ :~~~ea~~;f?~nr~employees and workers subject to the government servic . I' '" icra s.casual labourers carrying out temporary johs, execu~ion o~ :~~ha~h:~11 asexceed SIX months, the domestic savants and like " b id notwork' n ' b " . WIse, eSI e labourers

I g In usrncs» concerns not mechanically ope . t .1 if: hf' , .' -II"'" ra eu I t ey are less thanivc. ,IS we as sed-workers who are meant to be Iff' f. . ~ '- ( Icers 0 sea-vessel' th .

engl~eers and seamen, relationship of whom is supposed to be . s, d errsP''''I'11 I'IW S .h " ' " governe by. ~~. , .• u<: catcgunes are limitutively s ,'f' d' h '. ,I . ,Id' '. spec I Ie In t e relevant articleuno no au rnon or relative comparison shall b . d h '" e ma e t ereto.

The Arab States followed two different methods in preparing labourlegislations. Some of them resorted to draft separate laws each covers acertain labour topic. such as individual labour contract, indemnification foraccidents, women and juvenile employment etc. Such laws were issued to theextent that the Industrial & Labour Development circumstances maynecessitate.

Some other Arab resorted to the promulgation of a Unified LabourLaw. Thus the states followed the first method started to divert in the lateyears to the Unified Law legislation, as Iraq, Jordan and United ArabRepublic did.

While the view of those following the method pertinent to draftingseparate laws is that the legislator may have a chance to upgrade the labourlegislation, the followers of the method relating to the promulgation of aunified labour law, believe that they could manage to gradually step With thearticles of the unified law. besides assuming that such articles shall cover allquestions within the scope of labour relations,

In fact, we prefer the method of the Unified Labour Legislation forpromulgating this Law, as it secures inclusiveness and easy reference for th~competent officers whenever they re!er to i~s provisions in the event 0ar~lir:>ti0n. The law covers ninety eight articles.

CHAPTER II

IMMIGRATION & LABOUR-IDENTITY CARDS

, .. , :h~ ,purl?ose of the legislator, from the inclusion of this chapt r.. t~ssess t e enure number of foreign labourers and organize their . er .'s. 0

;1~:r::mTPh'OY.~.t:d'n~ht~roughreg~strationand issuance of labour idle~~fmy~~~~~~~. e S,I\ <: upter hIS stipulated th t . f ' .

~n~ obtaining the labour id~ntity card. t~g;tr::::; ~~~:r;:.~I~~7(~dth~ ,~~reif.~~rsan the relevant terms of cancellation. 0 I S va I ity

THE LEGISLATIVE METHOD::

CHAPRTER III

EMPLOYMENTThe organisation of ernploym t i .dee d

the part of providing a fit lahl~~rel; f~~~e . t<'>t.b~,Of~rbeat importance ongovernmental supervision over e I ,I :>UIa e JO . No doubt theup the labour efficiency in gen:~1 o~m~nt shall adequately assist in raisingacuteness of unem 10 .ra ,an meanwhile reduces not only theFurthermore. it is ~o~~~e~~' t~~~tla~emto~tcas~s nea~ly ext.erminate the same.menr necessitate that no lahou;er Sha~,a~estab~lshlng pnonues for employ-~nder the knowledge of the Em I e ~ng~ged by an employer exceptI at no amount of mone h: p oyment epartment In general, besidesemployment or keeping hi~ j~b~" be taken from any labourer for his

CONTRACTSThere is no s . I f

COntract. Howeveiei~~ orrn of contract!ng to be stipulated in the labourlabourer to establi'shed h~, ev~nht ofbno wntten contract. the law permits the

IS ng t y all means of evidenceA .. ny persons entrust d b h

WOrks are bo d y t e e'!'ployer to carry out any part of hisbetween the~n I ;::der Article 15 hereof to maintain an equal

discriminal:~ a, urers and those. of such employer in order ton m treatment which may cause rancour. For

CHAPTER 1

THE SCOPE OF THE LAW APPLICATIONA broad definition was made in the contents of this Chapter to identifY

the terms "LABOURER & EMPLOYER» the first undertakes to carry ollt'

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realization of this objective the said article stipulates that the originalemployer is jointly responsible with those persons.

This chapter specifies in its last article the question of probation, with alimit for the employer to execise such a right where a peno~ not exce.edlng100 (one hundred) days is fixed for such purpose. Th~ said perto~ IS n?tsupposed to be existing in every contract but most be stipulated explicitly Inthe employment contract.

CHAPTER V

EMPLOYMENT OF JUVENILESThis chapter regulates the employment of juveniles and observes that

they shall be employed after the age of 14 (fourteen) for the purpose ofattaining a suitable education. The provisions thereof protect any juvenilesinterested in learning a profession or trade and meanwhile organize theirtraining in a manner securing their rights within the scope of the civilizedstates and the agreements of the International Labour Organization.

CHAPTER VI

EMPLOYMENT OF WOMENRegarding the provisions of this chapter the legislator observed that they

shall be consistant with the relevant environment, traditions and theprevailing usage. Consequently, he secured more protection and care for theworking woman, besides realizing the facilites and possibilities required toassist her in concerting between her home and labour responsibilities.

CHAPTER VII

WAGESThe legislator observed the indentification of the labourer's wage in a

non-ambiguous manner as the protection of wages is one of the fundamentalprinciples in any labour legislation aiming to establish good industrialrelations between the labourer and the employer. The legislator meant toprotect the wage and secure its non-declination by drafting certain pertine~tprovisions considered to be some of the recent labour legislation laid down '.0this respect. In application of this law provisions a wage means th~ b~S'~remuneration payable to a labourer during his work, plus any penodlca

allowance, increment, commission, bonus or gratuity. Article 28 thereoJstipulates that the following amounts are deemed to be an integral anindivisible part of the wage:

INCENTIVE REMUNERATION:

effo~t :!e~~e~~ou~~o~~oney payable to the labourer in consideration of anyidi I Y I~h results In reducing the expenses, increasing profit

aVOI mg osses or regulating the process of work. '

COMMISSION:It ~enotes a re-compensation payable in a form of pcrcenta e for

transactIons executed by the labourer Therefore the c r., . g theddl

. . , e commission granted to thepc ers, can~as~ers and commercial representatives shall be deemed to be anintegral and indivisble part of the relevant wage.

BONUS:It denotes an amount payable to the labourer in addition to his wa e T

payment of such allowance shall be made either to all labourers 'th g . .heO

r to a certain th f WI out excepnon••.• group ereo as a whole regardless of any s . I fficispecific characteristics. The said bonus shall become co recla

e ICI~ncy orform of obligation if it has been stipulated in the labour :~~r!~? t~~db t~~:st~~the firms or payable under usage ever) year at the same amount regularly.

GRATUITY

It denotes those amounts payable by a business concern clients tn the

:r~~~~tt:~~~~~s a~~~e;;~~~ ~~~~s~ae;:~~~nb~ft~~Yb~~fnde~~~~~~~i~~ri~~'t;:~~bill or ~:u~mplo'yer. Or!g!nally It ISoptional if the employer adds the same to thethat it beco~~rs Ianclasejlt IbsI~ay~ble under usage in some profession to the extent

ega 0 iganon,

The wisdom of the legislator' ideri .wage is based on the fact t ISCO~SI enng the ~ratlUty as a wage or part of aof estimating the basic :a~et.he gratuity was taken Into consideration at the time

Those are the cases the I . I t dwage in the labour law which egis nsid: eemed app.ropriate to add to the basicwage. However there are are consi ered to be an integral part of the labourer'sshall specify a~d treat re mo~: aspehct~ not a(>proached by the legislator which we

gar 109 t err relation to wage i.e.

IN RETURN ALLOWANCE:Any earnings attained bib .

~rfonnance of labour whi h ~ aha ou.rer relating to a reason shown in theWith the relevant cases be IC IS t e subject of the contract shall in accordanceDO. peninent reason is ~ho~on.sld~red as a wage or duly added to the wage In casei:!:' Con~quently, it shal~ ~~ttbe labo':'dr performance, such a manner ~hall not

Ill" ever, If we consider the i e consi ered as a wage or added to the wagefact a . b e In-return allowa h b . .of d rea,m ursement for the n~ on sue asrs, we realize that it ispe OOlung the relevant la expenses sustained by the labourer for the pu se

~ the said allowanc~~r hsuch as tra.nsport, and travelling allowance'::c.er, and consequent! a . no~ be paid m return of the work performed by

y It s all not be Included in his wage.

SIIARING:

Whereby the I bo••••••••·ion of its a. ~~er shall be concerned with the success of theactiVIties through giving him a part of the profit

INCREMENT ALLOWANCE:It denotes an increment.given to a labourer. for s~cial c~ns~deratio.n: suc~~

his seniority, cost of living nse or mcrease of his family obligations. Glvl~g sIb'allowance to a labourer shall, on the part of the employer, confirm increaSInglabourer's wage, and its receipt by the labourer shall indicate his acceptaConsequently the amendent of the relevant cc;>ntract shall be made between t.in such a manner which shall become inevitable to honour by both part

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realized. The said share of profit shall be determined by an agreement cO'.lcludedbetween the employer and the labourer, whereby the employer shall be 1.lable topay to the labourer over and above his wage a fixed percen~age C?fprofit underwhich the labourer shall not be deemed to be a partner, nor his entitlement undersuch a profit-sharing shall be considered as ~ donation, but a wage. ~us this wageas constituting the labourer's share in profit as proved .to be ~n a.ddltlOnal wage,having a probable capacity which shall have no ~ffect In apphcatl.on of the. wageprovisions thereupon. Therefore the profit sharing shall not be Included In thelabourer's wage.

CHAPTER VIII

WORKING HOURS AND LEAVEThe law specified the actual working hours either .to be eight (8)ho~rs a day

or forty eight hours a week, excluding the intervals assigned for r~st.' i.e. It mea.nsactual eight working hours. Article 33 thereof empowers the Minister .of Socl~1Affairs & Labour to increase or decrease the said limit of working hours In certainindustries or works or with regard to specific categories of labourers according topertinent circumstances and exigences. Such expression denotes the additionalworks of extra-ordinary nature as referred to in article 34 hereof i.e. the annualstock-taking, preparation of the annual balance sheet, closing of account as w~l~asthe preparation for season opening or reduction sale. In t.he event of not. abidingby the daily labour hours, the law stipulates that an overtime shall be paid to thelabourer for the additional hours at the rate of his nominal wage plus 25%. Theadditional hours shall mean the hours during which the labourer is asked in writingto perform a task after the expiry of his fixed period or work.

Article 38 thereof provided for the fixed annual leave of the labourer. It isobserved in the labour conditions prevailing in the state that some of the labourersrequest accumulating their annual leaves. However, the said article does notexpressly restrict the accumulation of the annual leave, but, we shall not proceedon the enlargement of such a principle, therefore, it is sufficient to accumul~te theannual leave for two years, provided that it shall be made in accordance WIth thelabourer's desire in writing.

CHAPTER IX

LABOUR CONDITIONSThe legislator observed the preservation of the. laboure~'s right to wo~k i~

good, fair conditions, as such a right has b~e.n provld.ed for ~~ the InternatIonatCharter of Human Rights. The care for providing certain conditions at the place 0

work the medical examination of the labourer after his employment as well as. thepertinent medical care and any thing required to. housing, drinking water, be~ldesmeans of provisions and transport for the labourers, working in remote areas ~rfar away from building-constructions are governed by the provisions of thISchapter.

CHAFfER X

LABOURERS & PENALTIESThe labour rules enacted under la~ur legisl.ations are attempts to fin~

substitute for the personal labour relahons which used to prevail betW

42

labour~rs and employers operating small processing units prior to the recentindustnal development. Thus the said labour rules are proved to be an attempt forthe labour~r and employer to both feel as one family aiming for the achievementof the society nse and realization of the public interest.

Any employer employing ten labourers or more shall be bound under Article50 of this law to maintain a penalty list which may be inflicted on labourerscommitting contravention in conformity with certain rules. It is understood thatthe proceeds of such fines shall be deposited in a form of a fund to be assignedevery year for social aspects beneficial to labourers.

CHAPTER XI

TERMINA TION OF CONTRACT ANDSERVICE TERMINAL INDEMNITIES

If the labo.ur contract. is made for unfixed period, either contracting party~hall.h~ve.the nght to terml.nate t~e contract at any time after notifying the otherIDwntmg ID a accordance With article 53 hereof. However, if the labour contract ismade f?r a fixed pe~iod, it shall ~e termin~ted spontaneously at the expiry of theterm WIthout necessity to a respite or notice as each of the contracting parties isalready aware of the relevant. conditi(;)fis and the wage agreed upon. However, inthe .event .of contract ~evocahon by either of the contracting parties, prior to theexpiry of l.ts term, while there are no stipulations therein dealing with the same,the ~evok.lDg party s~~11 compensate the other for any damage sustained asspecified ID the provisrons of the aforesaid article.

Article 54 thereof stipulates the amount of indemnity payable to the labourerupon the termination of his services with the employer whether the contract wasmade. for a fixed or unfixe~ ~~iod. Consequently, the labourers indemnity shallbe paid as ~ron:' the date of jommg the work. If the labourer joined the work priorto the appl~cahon of the labour law and its publication in the Official Gazette on15.3.19~9,.m such a case he shall be entitled to the said indemnity as from the dateof pubhshmg the law in the Official Gazette on 15.3.1959.

.gh As prescribed in Article ~5 thereof, the legislator granted the employer the~~ to discharge a labourer Without notice and without indemnity in specific ninecases.WhlCh shall neither be exceeded nor ~e us~d as s!andard for measuring otherindi However, I?aragraph «2» of the said article stipulates that it is a must toPrio~:t~he repetition of th.e labourer's violation to the employer's instructionsexcept. e ahProval of termination penalty without notice and without indemnitythe pen~~tl:c case~ where the Ministry of Social Affairs & Labour believes thatcase With y ISe~ntlal for th.e safety of labourers and the security of work as is thecertain t~garf to compames operating in oil and its derivatives or ope'rating inViolation as \0 gases and drugs. Such cases shall not require the recurrence oflabo.h-er ~:e~urence even once may endanger the industry or the life of the

CHAPTER xnSATION FOR LABOUR ACCIDENTS AND PROFES-

SION DISEASES~~ ~int the ~abour law dealt. with. is the question of

r ahour accidents and profession diseases, occuring as a

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------ ------------------ •••••••••••••• 2

result of performing their pertinent work~, The relevant arti,cle stipulates that alabourer shall not be entitled to compensatIOn for a labour accident or a professiondisease unless he proves that such accident or disease has ocurred as a result ofnegligence on the part of the employer. Although such act shall not conform withthe labour legislations in the entire Arab States and most of the advancedlegislations where Courts have developed in applying the omissive responsibility.various judgements were made on the legal basis of compensation; a case whichconstituted the intervention of the legislator to enact certain rules to identify theresponsibility of the employer in relation to the potential danger of profession,Consequently the legislator authorized a compensation for every labourer injuredin a labour accident or a profession disease without asking the labourer to provethe fault of the employer or his representative, unless the relevant accident hasoccurred as a result of a gross malpractice intentionally made by the labourer or inthe event of injuring himself on purpose, provided that such injury shall not beserious,

Any express contravention of the precautionary measures which shall beannounced or circulated among labourers in a form of notice at the place of workar any action made by the labourer while he is drunk shall be deemed to be grossmalpractice, Proving such act shall be the responsibility of the claimant. However.in the event of a serious injury as prescribed by the relevant article to be over aquarter of the entire disability. the social justice shall necessitate taking care ofsuch a labourer as well as his family after his death,

As such rights most of small concerns fail to satisfy. the best remedy is toapply insurance against labour accidents. a case facilitating payment of therequired compensation, However, the legislator realized that it is not necessary tohold the employers responsible for insuring their labourers due to the differentnature of works in Kuwait, the fact of many sub-contractors and the difficulty ofmaking a detailed list identifying the type of works and industries which shall becovered by such insurance, Even in the case of considering the application of theseprovisions to industries and works where the labourer shall be exposed to moredanger, the legislator left that point so that the subject shall not be a question oflevying a public tax on employers for the benefit of insurance companies,However, the said precautionary measures which are desirous to be made throughinsurance for safety and security of labourers against the profession accidents anddisease shall be left to the discretion of the employers themselves,

CHAPTER XIII

ORGANISATION OF LABOURERS & EMPLOYERSThe Law in this chapter takes into consideration those principles ~nd

provisions which conform with the International agreements, relating to the ngh~of trade union organisation, so as to deal with the labour problems, an,meanwhile, raise the ideological, professional an~ ethic standard of labourers, ,It I~noticeable that there are other counter orgarusanons such as employer federalJ?nwhich ai.n at cooperation with trade unions for harmonization of points of viewregarding various labour affairs, The said organisations have ,b~~ome as ?ne of thedemocratic principle semblances which are followed by CIVIlized nanons

The law made it easier for the same trade unions of firms to develop intoh

3

fessi d ' dIegeneral trade union of an industry or pro essions an meanwhile perrmttesame to form a single Trade Union Federation for the entire labourers of the slale.so as to keep pace with the industrial development of the state and manage tperform its duties towards its members, the relevant profession, IOdustrYsociety in general.

, ~very labo~rer lega,lIy entered the state and obtained a labour card from theMinsl,try of SOCial Affa~r~ & Labour whose age is over eighteen (18) years ispe~Jtted by the I~~ to jom a trade union, but the right to elect or to be elected iswll,fin~d to Kuwaiti Labourers who shall form an Executive Board for the TradeUruon 10 accordance With the Organic Statute which is left for the Trade Union tolay ~own, u,nder guidance ?f th~ standard form duly prepared by the Ministry ofSocial Affairs & Labour 10 this respect, so as to act accordingly,

CHAPTER XIV

COLLECTIVE LABOUR DISPUTES CONCILIATION ANDARBITRATION

Whereas th~ o~ganisation of industrial relations is one of the substantialmatters u~n whlc~ IS b~sed the stabi,lity of fir!f1s and factories, thus this chapterhas taken mto conslderat,lO~ the question of lay!ng d?wn certain special provisionsfor t~e purpo~e of conciliation between the vanous mterests which may appear tobe dlff~rent ,With regard t? a labourers or employers' point of view, Certain articlesgover~mg direct ne~otlatlon between the employer or his agent and the labourersor thelT, ~ep,resentatlve are sta~e~ therein to~ether with further provisions relatingto ~n~hallon ~hrough the MI~ls,try of SOCial Affairs & Labour, as well as thoseprovssions pertment to conciliation through arbitration panels,

Furthermore, the law introduced the system of Joint Committees betweenEmployers and labourers, ,duly based ,on the standard of industry, Consequently aconsultatIOn and coop~ratlOn system IS proved to be introduced between the twoconcerned parties which may secure stability and raise the productivity level.

CHAPTER XV

GENERAL PROVISIONSthe Arti~l~ 94 stipulates that any condition ,in a labour contract contradictory to, trovISIO~S hereof shall be VOid, even 10 case of its existance prior to the:~ ement,allon of this law, unless such a condition is more beneficial to thecont~rer. I.~ any, nghts and priviliges of more benefit to the labourer shallpro~~~;a!?o ~a~~ 7here a ,labourer shall preserve his rights earned before theresult of n 0 It IS aw, which shall by no means whatsoever be minimized as a

promu gatmg the same,Due to the sound effect f h ind " ,apPlying the labou I ' ,0 t e, I,n ustrial mspecnon system in the area of

POWer secun rf egislation provrsrons, as such a system is proved to be thefor its apPll'cnagt'oasa e application thereof where every public rule or law requires

I n certam tools and e t f II d ' "Pi'Operly. therefore Article 96 ~es 0 0 ow up an watch ItS applicationOn h prescnbed a deep concern in this respect

t e otherhand urgent I ' '~er and labourer no do s~:t ernenr of any dispute existing between the

. tes the rules and proced u IS, far better, therefore, Article 96 thereof• ure which shall lead to urgent settlement of labour

urthermore. the Kuwaiti Ie isla d ' ,recent system appl' d ,g tor oes not fall to take IOtO considerationlegislation: Conse~~e~~ t~ a~ea of supervising the implementano-, of

er notifying them t Y r~lcle 97 provides for pumshment of lawbv the labou ,0 rectify the relevant violation within specific

f r mspecto difor its r ifi r,accor 109 to the nature of contraventionecn ICatlon,

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MINISTERIAL RESOLUTION NO. 1 CONCERNING

THE EXECUTIVE RULES OF TRADE UNION ORGANIC STA-TUTE

Having perused Chapter 13 as well as Articles 1, 2, 97 and 98 of the PrivateSector Labour Law No. 38 of 1964,

STANDARD RULES OF TRADE UNION ORGANICSTATUTE

CHAPTER IFORMATION OF A TRADE UNION

the following is hereby decided:-

ARTICLE IAn Organised ~ody-Corporate in the name of a Trade Union is/was formed

on corresponding to 19 under Law No. 38 of 1964.

ARTICLE 1Trade Unions, in preparing the by-laws of their Organic Statutes, shall be

guided by the standard rules duly approved, which accompany this resolution.

ARTICLE 2Trade Union location is . ........................

ARTICLE 2 CHAPTER IIThis resolution shall be operative the date of its publication in the Official

Gazette. TRADE UNION OBJECTIVES

Abudulla AI-Mishari AI-Rawdan

ARTICLE 3

The Tr~de Union objectives are the protection of the Trade UnionLabou.rers' mte~ests, defen~ing th~ir rights and operating to improve theirfinancial an~ SOCialstatus besides their representation in all questions pertinent tolabour affairs (Art. 70 of Labour Law)

MINISTER OF SOCIAL AFFAIRS & LABOUR

CHAPTER III

CONDITION FOR ACCEPTANCE, WITHDRAWAL & TER-MINATION OF MEMBERS

ARTICLE 4Any labourer working in ... and satisfying the legal conditions shall be

~c:.r:ed as a member in a Trade Union, i.e.:-should be eighteen ("18) years of age.

b. He should be of d d '.COrn g?<> con uct and behaviour by virtue of a certificate bv thepetenr authonty. .

c. The said labo h 11 .F th urer s a not be a member rn another Trade Union

ur ermore fo K' . '" .satisfy the foil '. r a no~- uwam labourer It IS stipulated that he shouldowmg conditions so as to join the Trade Union:-

•. He should h btaiave 0 tamed a Labour Identity-Card

• ~_aboUld have been st '. .qUIll 9.8.1964. aymg in Kuwait for a period of five years with effect

Issued on 30.9.1964

ARTICLE 5desirous to" h '.JOIOt e membership of a Trade Union shall submit an

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application to the Executive Board and the Board shall have the right to accept orreject his application. The application for joining .the. Tr.ade. Union shall n?t berejected except by two thirds of the members, with lOdlcat!on of the pertmentreasons. A Labourer whose application is rejected may su~nut a complaint to theGeneral Assembly in such a respect during its first meeting, and the A~mbl.yshall have the right of final determination whether to accept or reject hisapplication.

ARTICLE 6Any member may withdraw from the membership of a Trade Union at any

time he wishes to do so; and the Trade Union shall claim from him only thesubscription due to the end of the month in which he made his withdrawal.

ARTICLE 7Any member commits any of the following matters shall be discharged from

the membership of a Trade Union:-

a. Suspension of subscription payment for three successive months withoutacceptable excuse.

b. Abusing the reputation or fame of the Trade Union or inducing others towithdraw from the membership of a Trade Union.

c. Ernbezzeling the Trade Union's funds, dilapiating its property in his charge orcommitting any offence against the Public order or prejudicial to the PublicMorals.

ARTICLE 8No member may be discharged from a Trade Union without an investigation

been conducted by the Executive Board in this respect. Such discharge shall bemade only under the consent of two thirds of the Board's members. Thedischarged labourer may complain against such a decision before the GeneralAssembly in its first meeting, and the Assembly shall have the right to finallydecide on the complaint whether accept or reject the same.

CHAPTER IV

SUBSCRIPTION & FEES

ARTICLE 9The monthly subscription of a Trade Union is KD .

ARTICLE 10The fee for joining a Trade Union is KD <

payable once at the time a member joins a Trade Union or when he ISre-registered.

ARTICLE IIThe Executive Board may propose further fees, provided that such fees sbaJ

be applied to members after the approval of the General Assembly.

CHAPTER V

SERVICES AND AIDS

ARTICLE 12Every member in a Trade Union may benefit f h . .

as well as cultural, vocational, COoperative and an rom t e ~Ial aid a~d servicesmembers which are offered by the Trade U y other p~vlleges,: enJo~able byfollowing:- nron, particularly lOcluding the

•. FUNDAMENTAL SERVICES:

Such an insurance & security against I .any other type of insurance required bes~:e~rn:toybml.ehn.t,dlseas~ disability and

s a IS 109 proVident funds.b. URGENT AIDS:

Aids such as those in the event of marriage or calamities etc.

c. CULTURAL & SERVICES:

Publication of printed materials and rtici '. '.well as opening classes for public cul;a cIP~t!Fg10 era~lcahon of iliteracy, asfounding clubs and organizing excu~~e an .ra~e Union educanon, besidesactivities. sions, plCDJCSand leisure recreational

d. VOCATIONAL SERVICESSuch as vocational training 0 '.unemployment by 0 nin e~ I rgarusation of ap~renticeship, control of~bour coritracts, le:1 c!nsul;a~fo~~nt, Offic::s, be.sld~s.arranging COllectivedispute settlement. ' as we as IOdlVldual and collective

e. COOPERATIVE SERVICES:S~ as working to promote coo . '.SOcial and economic standard o~~abotJvueSOCIetiesfor the purpose of raising the

rers.

CHAPTER VI

TRADE UNION'S FINANCE11ae ARTICLE 13

IIOurce of Trade Union Funds is:-

11aeMOOthJy SUbscription payable by the members.

fees for' ..JOIDtngthe Trade Union

Tr.cIe Un· 005 d .Board and onations and contributions which are accepted by the

approved by the Ministry of Social Affairs and Labo ur.tbepartj

·tics. es held by the Trade Union upon the approval t'f the

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e. The proceeds of the printed materials published by the Trade Union.

ARTICLE 14The Trade Union shall invest its funds in secured projects and investment

aspects which are not contradictory to the provisions of Article 73 of the PrivateSector Labour Law.

ARTICLE 15The Trade Union Funds shall be deposited with a bank in the name of the

Trade Union, withdrawal of which shall be made in conformity with the provisionsand conditions stipulated in the rules herof.

ARTICLE 16The Trade Union's financial year shall commence to run as from .. , up to

.. ..... every year.

CHAPTER VII

GENERAL ASSEMBLY

ARTICLE 17The General Assembly is deemed to be the higher authority dealing with the

Trade Union affairs. It consists of all Kuwaiti members duly settled theirmonthlysubscriptions up to the date of its meeting.

ARTICLE 18The General Assembly shall be held in an ordinary capacity once in the

month of every year.

ARTICLE 19The General Assembly may be held in an extra-ordinary capacity if at least

one fifth of the members request so or upon the request of the majority ofExecutive Board members. The Executive Board shall call the General Assemblyto convene within a period not exceeding two weeks at most, besides specifyingthe issues and topic for which it shall be held. If the Board does not call theassembly within the said period it shall be held spontaneously.

ARTICLE 20The General Assembly meeting shall be deemed to be valid if at least

attended by half of the members. In case the requir~d quorum is .incomplete, =meeting shall be delayed for two hours, after which It shall be valid, whatever (benumber of members is, provided that it shall not be less than a quarter of Imembers. Otherwise the meeting shall be postponed for two weeks at mOS'

ARTICLE 21The decisions passed by the General Assembly cf a Trade Union shad

deemed to be final as long as they are not contradictory to the law provisiooS

any relevant resolutions issued. The General Assembly decisions shall be

by the majority of its present me brequired. m ers, except such cases where special majority is

ARTICLE 22. The General Assem' ,Iy may be attended b .

~nton may delegate any ex rt or techni Y Its '!lembers '; However, a TradeISsought, provided that thr:opinion of I~~Iofflcladl:It deems fl!, whose expertise

e atten 109 person shall be advisory.

ARTICLE 23The General Assembly shall particular dia. The Trade Union Executive Board re y IS~USSthe following matters:-

ended. port, covering the proceedings of the year

b. Approval of the Balance Sheet and Fin IAverified by a chartered Accountant ba idccoun~~or!he year ended, which arebudget projection. ' eSI es ratification of the following year

c. Election of the Executive Board members through secret ballot.

d. Reports and proposals of the me b .Board, at least a week prior to ~e e~s'tdull s~b~ltted through the Executive

a e 0 t e eneral Assembly Meeting.

e. Discussing the complaints submitted b labo ..-Trade Union were rejected or th y d urers whose applications to join the

, ose etermined to be terminated.

ARTICLE 24

follo!1':g,._Extra-Ordinary General Assembly shall particularly discuss the

a. Amendm fIlIlde ent 0 the Trade Union Or anic S .sbaU r,::e con~nt of two thirds of t~e re~~tute, which shall ~ made at least

deposited with the Ministry ~f Soct.~eAmfbef.rs. The said amendmentb. Ur e . ia airs & Labour.

be B nt tmportant matte hi hsubmitted in accord~~ l~it~h~hExecultive Bo.ard or the members deem to

e, Diaot . e ru es specified herein.of utlon of the Exec .d. Illy member therei:.ttve Board or extinguishment of the Membership right

Yolun~ disso .-IhaU be m d lutlon or merger of a Trade Unio .

. a e by a decision of at least two t~' ~Ith afnyothers provided thatrr s 0 the present members.

CHAPTER vmEXECUTIVE BOARD

ARTICLE 25U·~ Executive Board shall be-..era) Assembly for a tw composed of ... members, duly

______ 0 year-term, half of whom shall

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extinguish their membership after the first year through secret ballot.Replacements thereto shall be elected through secret ballot by the GeneralAssembly too. and the remainder shall abate their membership in the followingyear or seniority basis. and consequently be replaced by others through secretballot. Thereafter half of the members shall successively abate their mem-bership through seniority every year.

ARTICLE 26Acceptance of nominations for the membership of the Trade Union

Executive Board from Kuwait members. duly settled their subscriptions shallcommence to run three weeks before the General Assembly date. andmeanwhile shall be declared closed a week prior to the said meeting. Such datesshall be published in the Trade Union bulletin board.

ARTICLE 27The Executive Board is the authority for implementation of the legal

decisions passed by the General Assembly of the Trade Union. and thefollowing are some of its powers:-

a. Performing the Trade Union internal relations and dealing with the pertinentaffairs.

b. Performing the industrial affairs relations of the Trade Union. such as collectivebargaining. collective labour contracts and meetings of conciliation. arbitration.joint committees and labour offices.

c. Management of cooperative. culutral and social projects of Trade Union anddeveloping the systems of the same.

d. Preparation of the annual report. duly covering the Trade Union activities,which include a general review of the Trade Union conditions. the developmentof its membership and the achievements realized by the Trade Union in variousfields.

e. Reviewing membership applications, and taking appropriate decisions.

f. Discussing members' complaints and conducting the relevant investigations.

g. Concluding contracts and agreements in the name of the Trade Union, andrepresenting the same in Federations and body-corporates.

h. Calling the General Assembly and preparing the Final Account.

i. Discussing proposals of members.

ARTICLE 28The Members of the Executive Bo~rd shall el~ct, from among themselves a:

after every partial renewal, "Staff Office» cornpnsmg a President, a Deputy (two deputies), a Secretary and a Treasure.

ARTICLE 30The Secretary of a Trade U . .

regulations and the Executive Bo ~Ion .s~all Imp~ement all the Trade Unionthe technical and administrative ar deCISIOns. beside supervising all activities ofkeeping the Trade Union rintc~mmlttee~. He IS the person entrusted withFurthermore, he signs with th~ Ch~irm~ate~lals .. correspondence and records.and Executives Board meetin s M n t e ml!lutes of the General AssemblyExecutive Board membership gno'm' orteover. he IS.the person who receives the

T. . ma Ion applications d di '"

the rade Union members in the event of th C an irects mvrtatrons tothe Executive Board members foil e ieneral Assembly meetings, besidesmeetings; and meanwhile. writ~s to t~: B~r~e~a~dlOg the minutes of the boardUnion progress of activities. an annual report covering the Trade

ARTICLE 31The treasure is entrusted with collection of the T de Uni . .

other funds. together with the implementation 0 ra e U.mon subscriptions orrelating to the financial affairs He 'h' II f f thheExecutive Board resolutions

h bill & .' . . s a urt er perform the pa t fpur.c a~e~ I s salaries, besides supervising the Trade U' . ymen 0mamtamrng the relevant accounts documents. He shall alsom~~e accounts andpermanent petty-cash-credit amountin to KD p With him a

bereq~irements, and meanwhile prepare ~nal accou~; ~f't~orf p~ymet"t of urgentsides planning the budget of the f II' .' e lOancla. year .ended.

secretary. 0 ow 109 year 10 cooperation With the

ARTICLE 32. The Executive Board shall be held 0 .

valid If attended by more than half f i nee every and Its meeting shall benot reached the meetin sh II 0 . ItS members. If such a quorum - number isnotified of the next mee~i a be adjourned for ... , and the members shall beattended by one half of nIghdaBte. Tdhe said next meeting shall be valid if at least

e oar members.

ARTICLE 33The Execun Bthe ev ive oard decisions shall be d bent of voting ended i ti h passe y absolute majority, and in

n a ie , I e chairman shall have the casting vote.

ARTICLE 34the 1'h~ Executive Board

IbaJority of members ~:~:ees~a~les~for holding an Extra-Ordinary meeting if

YBoa ARTICLE 3S___ .r~ member abse t hi I-:-,,~-utlve times wi n s imse f from the Executive Board meet in

Executive Boa:~hout abreasonable excuse shall be considered resfgSnf~dr

mem ership,

ARTICLE 29The chairman is the legal representative who represents the Trade V

before all authorities concerne~. He shall pr<:side over the meetings andpayment cheques with the cashier after secunng the consent of the ExBoard, besides signing contracts and agreements concluded with the Trade V

ARTICLE 36Who fOllows th

lllbership s~ ~~ccesSful members. in the last elections for theof mem~ ~~bs~tute any resigned, dismissed or deceased

rs ip s all be complementary to the term of his

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ARTICLE 37The Executive Board shall be dissolued if at least half of the member~ t~ereOf

have resigned all at once. In such a case. the General Assembly shall. within twoweeks, hold an extra-ordinary meeting so as to elect new Executive Board, term Ofwhich shall be complementary to the term of the former Board.

ARTICLE 38The Executive Board members shall not be paid any remunerations Or

salaries for the duties entrusted to them.

ARTICLE 39The Executive Board may constitute Committees to organize the Tradt

Union affairs, i.e. Cultural and Social Committees etc. One or some of the Boaremembers shall participate in such committees. The Board. shall consequentl)specify the number of ~v~~ comm!ttee members, the committee powers and la)down the rules of its actrvttres, provided that the result of t~e releva~~ research all(activities shall be placed before the Board for appropnate deCISIOns.

CHAPTER IX

ACCOUNTS

ARTICLE 40The Trade Union, for maintaining its accounts shall at least keep the

following:-1. Special book for entry of income and expenditure.

2. A book for the bank accounts, where all deposited or withdrawn amounts shalbe recorded.

3. A book for permanent petty cash credit.

4. A Recipt Book, duly numbered and stamped by the Trade Union's sa5. A Subscription Book for recording the subscribers names according to the~~

of their entry in the Members Register where all amounts payable bymember shall be specified.

6. Members accounts ~k for entry of amounts received from every memberwell as the amounts paid to him.

7. A book for recording real estate, immovables or any other pe~invc;lIlury, with a brief description of every item thereof, its price and t s~aJIof the person in charge of the same and, any relevant changes occursstated therein.

54

RESOLUTION NO.2, PERTINENT TO PRELIMINAR\

MEASURES FOR FORMATION OF TRADE UNIONS

Considering the provisions of Chapter XIII and Articles 1.2.1}7 and I}Xof thePrivate Sector Labour Law (Law No. 38 of 11}(4).

It is hereby decided:-

ARTICLE ILabourers willing to form a Trade Union shall select from among them five

members in the maximum as «INTERIM. COMMITTEE» which shall draft••THE ORGANIC STATUTE OF THE TRADE UNION" guided in this by thestandard regulations issued under Resolution No. I.

ARTICLE 2

The «.INTERIM COMMITTEE».shall call the labourers to hold a meeting forthe founding General Assembly. which shall approve the Organic Statue. TheCommittee shall announce candidacy for electing the first executive boardmembers of the trade Union and receive applications for nomination until twodays before convocation of the meeting accompanied by the "NO OBJECTIONCERTIFICATE." Such announcement shall be made by the Committee at leastten days before the date of the meeting.

The Committee shall notify the Ministry of Social Affairs & Labour of thedate ~nd ~Iace of the mee~in.go~e week ahead so that the latter shall appoint onetechmcallnspector for assisting In the legal proceeding of the General Assembly.

ARTICLE 3timeAll Kuwaiti l:abourers meeting the conditions for eligibility and present at the

of the m~etlng shall be deemed to be members of the founding generalassembly provided their number is not less than fifteen.

ARTICLE 4the ~o~n~ing General Assembly shall approve the draft Organic Statute ofhro-tbirds o;:~n after discussion and introduction of the amendments passed byUnion exCCUtiv: :esen~ members .. It sh.all also elect the members of the Trade~ with hard 10 .C?nformlty With the adopted Organic Statute and in

t e provIsions of Article 2 hereof.

ARTICLE 5Trade Union Exec t" B

--"'at.ftatita first meet" ufsve oard .shall meet. after its election and dulymg. rom among Its members. "THE OFFICE BOARD"

ARTICLE 6Board shall d . .

eposlt the "FOUNDING INSTRUMENT" of the

55

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Trad.e ,!nio.n with the Ministry of Social Affairs & Labour for necessarypublication In the Official Gazette.

ARTICLE 7This Resolution shall be operative the date of its publication in the Official

Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Abdulla AI-Mushari AI-Rawdan

Date 30.9.64

56

.RESOLUTION NO.4. CONCERNING THE STANDARDORGANIC STATUTE OF THE TRADE UNION FEDERATIONS

ANDKUWAIT GENERAL TRADE UNION FEDERATION

In view of Chapter 13 Articles and Articles 1,2,3,97 and 98 of the PrivateSector Labour Law (Law No. 38 of 1964).

The following is here by decided.-

ARTICLE ITrade Union Federation shall, for the purpose of preparing their Organic

Statues, be guided by the approved Standard Organic Statute duly accompanyingthis Resolution.

ARTILCE 2Kuwait General Trade Union Federation shall, for preparing its Organic

Statute, be guided by this Organic Statute too, besides subsituting the term"TRADE UNION" in all Articles thereof by the term "FEDERATION" and theterm "FEDERATION" by the term "GENERAL FEDERATION"

ARTICLE 3The Resolution shall be effective the date of its publication in the Official

Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Abdul Aziz Abdulla Al-Sarawi

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STANDARD ORGANIC STATUTE OF TRADE UNION.FEDERATION

CHAPTER I

FORMATION OF FEDERATION

ARTICLE 1An organised body called federation is set up on this..... of ..... 19 ...

according to law no. 38 of 1964.

ARTICLE 2The Federation's seat is the City of .

CHAPTER II

OBJECTIVES OF mE FEDERATION

ARTICLE 3The Federation shall protect the interests of the member-trade unions in

general, realize solidarity amongst them and assist them morally and financially. Itshall work for promotion of productive sufficiency and maintenance of stability inindustrial relations. The Federation shall also represent the labourers in all forumsand contribute to cementing Arab and International labour entities.

CHAFfER III

CONDITIONS FOR ACCEPTANCE, WITHDRAWAL AND DIS-MISSAL OF MEMBERS

ARTICLE 4Membership of the Federation shall be open for all similar trade unions which

did not join another federation and are constituted in conformity with theprocedures stipulated for under the labour law provided the decision to join ismade by the trade union general assembly.

·ARTICLE 5The trade union wishing to join the Federation shall forward an application to

the executive board which may accept or reject it. Rejection of an application tojoin the federation shall not be made except by two-thirds majority of themembers and the reasons are stated. The trade union may reply to the reasons forrejection within two weeks of receiving the notification so that the federation shallre-consider its decision. The representative of the rejected trade union is entitledto appear for defence before the executive board on reconsidering the decision,whence the decision shall be final.

ARTICLE 6An' trade union may withdraw any time from the federation under a decision

58

f d ti not claim except for theb its general assembly and the e era 10~ mayy . ti ns due until the last month of Withdrawal.subsCnp 10

ARTICLE 7Any member-trade uni?n which commits any of the following acts shall be

dismissed from the federations>

a. Ceased payment of the monthly subscription for three months' withoutacceptable excuse.

the re utation of the federation, defamed it or inticed otherb. Damabeged d Pons to withdraw from it or contravened the lawful resolu-mem r-tra e UO! .

tions issued by the federation.

c. Forged the federation's.co.rrespondence or gave incorrect statements regardingthe federation's subscnptlOn fee.

ARTICLE 8An member-trade union may not be d!sm!ssed unless after investigation by

the exe%utive board of the federation and dismissal shall ~ot be made except bya roval of two-thirds of the board members. The dismissed trade un~on maypp I the decision before the first meeting of the general assem~ly which shall

~~~athe right to decide finally whether by rejecting or upholding the plea.

CHAPTER IV

SUBSCRIPTIONS & FEES

ARTICLE 9Monthly subscription in the federation's membership shall be 10% of the ~ot~1

subscriptions collected from members of the trade union and t~e .trade ~O!onsannual final accounts shall be presented for comparing the subscnpnons paid thatdue to the federation.

ARTICLE 10Fee for joining the federation amounts to (... ) payable once on the trade

union's joining or re-registration.

ARTICLE 11The federation'S executive board may recommended other fees which shall be

applicable to the member-trade unions after approval by the general assembly.

CHAPTER V

SERVICES & ASSISTANTS

ARTICLE 12Every member-trade union sh~1Ibe entitled to the social. cultural. sports.

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vocational and cooperative services, assistants and other privileges decided by thefederation.

CHAPTER VI

FlNANCES OF THE FEDERATION

ARTICLE 13The federation's finances shall comprise:-

a. Monthly subscriptions paid by the member-trade unions.

b. Fees for joining the federation.

c. Gifts and donations received by the federation which the executive boardresolves to accept subject to approval by the Ministry of Social Affairs &Labour.

d. Turn-over of shows organised by the federation after approval by the competentauthorities.

e. Profits which may be earned by the Federation from publication of prints.

ARTICLE 14

The federation shaJl invest its funds in the project and investment aspects ofsecure profits, not contravening the provisions of Article 73 of the Private SectorLabour Law.

ARTICLE ISThe federation's funds shall be deposited in the ... bank and in its name.

Withdrawal shall be made in conformity with rules and conditions containedherein.

ARTICLE 16The federation's financial year shall start from ... upto end of ... each year.

CHAPTER VII

THE GENERAL ASSEMBLY

ARTICLE 17

The General Assembly shall be deemed the highest authority in tackling theaffairs of the federation and shall comprise the representatives of the member-trade unions which paid their monthly subscriptions until the date of convocation.

ARTICLE 18Representation of each member-trade union in the general assembly shall be

correlated to the number of its members who paid their subSCriptions and thelatter IihaJl be determined by taking the average of the last three months. Thefollowing table determines the number of representatives of every trade union:-

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Trade Union of upto 200 members shall be represented by 4 persons.

. f between 201 and 300 members shall be represented by 5Trade union 0

persons.

U· f ben een 301 and 400 members shall be represented by 6Trade mon 0 LY

persons; and

U· f 401 members and more shall be represented by 7 persons.Trade mon 0

. f the trade union in the federation general assemblyThe representatives 0

shall.-

the members of the trade union executive board.a. Be from among

id d ith written credentials from their respective trade unions.b. Be provi e WI

.. li bl . the case of the General Federation and shall(~ article IS~~~Pr~care~~tation of every federation, which paid its

be su~t!tuted. b~e Gener~1 Federation by seven representatives and thesubscnPtJo~, 10 f h f deration in the general assembly of the generalrepresentatives 0 eac . efederation shall"):-

a. Be member of the federation executive board.

b. Be provided with written credentials by the federation.

ARTICLE 19The general Assembly shall hold an ordinary meeting once during the month

of .... each year.

ARTICLE 20The General Assembly may hold extra-ordinary meetings if at !eas~fiv~

members of the general assembly or the majority members of the executive arso request.

. f th neral assembly withinThe executive council sha.lIcall f«;>ra rneenng 0 e ge h in In case ittwo weeks at most and determine the Issues and agenda of sue meet g. its ownis not called by executive board, the general assembly may meet on Imotion.

ARTICLE 21. hall be ttendances of at least halfQuorum for the general assembly meet 109 sa. t

. I the quorum IS nothe representatives of the member-trade umons. n ~ . it h II be validsatisfied, the meeting shall be delayed for t~o hours w erem I s t~an uarterirrespective of the number of attendant.s, provided they a~e not Ie:: defe~ed forthe representatives of member-trade umons, else the meetmg shallat most two weeks.

ARTICLE 22Resolutions passed by the general assembly of the Federations shall be.~

so long they do not contradict the provisions of the labour law and the pernaenresolutions.

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Such resolutions by the General Assembly shall be passed by the majority ofpresent votes except in cases requiring special majority.

ARTICLE 23Only members shall attend meetings of the General Assembly. However, the

federation may select experienced or specialised persons whose opinions shall beadvisory.

ARTICLE 24The ordinary general assembly shall in particular discuss the following:

a. The Federation Executive Board Report on the year ended.

b. Approval of the Balance Sheet and Final Account of the year ended dulyattested by an Auditor and the adoption of the draft budget for the comingyear.

c. Electing the members of the Executive Board by secret ballot.

d. Considering the reports and proposals submitted by members to the ExecutiveBoard at least one week before its meeting.

e. Deciding in the pleas submitted by the Trade Unions whose membership isdecided to be extinguished.

ARTICLE 25The Extra-Ordinary General Assembly shall in particular consider the

following:-

a. Amending the Organic Statue of the Federation by approval of at I~asttwo-thirds of the members present and such amendment shall be depositedwith the Ministry of Social Affairs & Labour.

b. Urgent important issues which the Executive Board or the members deem todiscuss according to these rules.

c. Dissolution of the Executive Board or forfeiture of its membership.

d. Voluntary dissolution or merger of the Federation under a decision by at leasttwo-thirds of the members present.

CHAPTER VIII

EXECUTIVE BOARD

ARTILCE 26The Federation's Executive Board shall comprise .... members (0 be e1eded

by the General Assembly for a term of two years. To ensure .adequaterepresentation of all trade union on the executive board of the federation. eachtrade union shall be represented by at least two members of every board. Half themembers of the first executive board shall be dropped by secret ballot after the

62

first year and their substitutes shall.be el~cted secretly by the General Asse?1~ly.The remainder members shall forfeit their membership the next year by recissionand replacements for them shall be elected by secret ballot by the GeneralAssembly. Henceafter half the members shall be dropped every year.

ARTICLE 27Nominations for the membership of the Federation's executive board shall be

received from Kuwaiti representatives of member trade unions duly paid theirsubscription in full and shall be closed one week before the meeting. Suchschedules shall he published on the notice board of the Federation.

ARTICLE UIThe Executive Board is the Executive Authority for the legitimate resolutions

passed by the General Assembly of the Federation. Among its prerogatives is:-

a. Implementation of the federation's internal policies and despatch of its affairs.

b. Charting the federation's general policy and shouldering its full mission.

c. Administering the industrial relations affairs.

d. Administering the federation's social, cultural and cooperative projects anddeveloping the federation's organs.

e. Drafting annual report on the federation's activities including a general reviewof the situation, increase in membership and attainments realized in the variousfields.

f. Discussing complaints filed by the member-trade unions, investigating andsettling any dispute which may arise between such unions.

g. Concluding contracts and agreements in the name of the federation andrepresenting the latter in the General Federation and other bodies.

h. Inviting the General Assembly to meet and preparing the final account.

i, Considering proposals put forward by the members.

ARTICLE 29fi Mem~rs of the Executive Board shall elect from among themselves. at their

rst. meeting after every partial renewal. an "OFFICE STAFF" includingpreSident a deputy (or two deputies), a secretary and a treasurer.

ARTICLE 30bei The presi~ent of the Executive Board is the Federation's legal representative~re all parties. He shall chair the meetings, sign with the treasurer paymentand lies, after securing consent of the Executive Board. and shall sign contracts

agreements concluded with the federation.

ARTICLE 31~ Secretary of the Federation shall implement all regulations and

lions by the executive board. supervise work. of technical and administrative

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committees, keep the federation's records, prints and correspondence, sign withthe president the minutes of the General Assembly and Executive Boardmeetings, receive nominations for membership of the Executive Board, directinvitations to the members to attend the General Assembly meetings, provide theexecutive board members with the minutes of the board meetings and shall submitto the board an annual report on the progress of work within the federation.

ARTICLE 32The treasurer shall be entrusted with collecting the subscriptions and other

funds of the federation and with implementing the executive board's decision asregards the financial aspects. He shall effect payment of salaries and purchases,control the federation's account, keep documents thereof, retain a permanent loanof KD ... for payment on urgent issues, draft the final account of the financial yearended. and shall prepare. in collaboration with the secretary, the draft budget ofthe coming year.

ARTICLE 33The Executive Board shall meet once every ... and the legal quorum shall be

attendance of more than half the members. In case the quorum is not reached, themeeting shall be deferred for. .. and the members shall be notified of the date ofthe second meeting. Such meeting shall be valid if attended by at least .....members of the board.

ARTICLE 34Decisions of the Executive Board shall be passed by absolute majority and in

case of equal votes the president shall have the casting vote.

ARTICLE 35The Executive Board may be called for an Extra-Ordinary meeting if the

majority members so request.

CHAPTER IX

MEMBERSHIP OF THE EXECUTIVE BOARD

ARTICLE 36Any member who absents himself for three consecutive meetings without

accept~ble excuse shall be deemed as having resigned the membership of theexecutive board.

ARTICLE 37The next ~ember on the list of successful candidates during the last elections

for membership of the executive board shall replace the resigned, dismissed ordeceased member, provided that the subscriptions and fees due from the tradeunion he represents are fuily paid. He shall complete the period of hispredecessor. In case there is no member on the voting list, the executive boardmay decide to continue or call for bye-elections and in both cases, the term of suchmember shall expire at the end of his predecessor's term in office.

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ARTICLE 38The executive board shall be dissolved if at least half of its members resigned

at one time. In such cases the General Assembly shall hold an extra-ordinarymeeting within two weeks to elect a new executive board whose term shallcomplement that of the preceding board.

ARTICLE 39Members of the executive board shall not receive any remunerations or

salaries for the work entrusted to them.

ARTICLE 40The executive board may set up a technical committee in labour affairs to

organize the Federation's activities and one or more members shall participatetherein. The remainder members of such committees may be appointed by themember-trade unions under decisions by their executive boards. Failure toappoint them in such a way, the appointment shall be made by the executive boardof the Federation which shall determine the number of members of eachcommittee, define the latter's competence and rules of procedure. Suchcommitees shall submit the outcome of their studies and work to the executiveboard for necessary action.

CHAPTER X

ACCOUNTS

ARTICLE 41The Federation shall at least keep the following account books:-

1. Special book for Revenue and Expenditures.

2. Rec:ord for bank accounts where amounts deposited or withdrawn shall beregistered according to their dates.

3. Book for the account of the permanent credit.

4. Receipt book numbered and stamped by the federation's seal.

S. Subscripti~n boo~ con.taining name of subscribers according to their order in themembership regrstration book and the amount paid by each member.

6. !~unts book for the members where the amount paid by or for every member- be entered.

7. Record fo . .ICco r registration of property, movables or any other permanent stockbesi:n, a short description thereof, its value and the name of person in charge

5 any alterations therein.

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MINISTERIAL RESOLUTION NO.5 PERTINENT TO THEPRELIMINARY MEASURES TO BE FOLLOWED FOR FORMA.TION OF TRADE UNION FEDERATIONS AND THE GENERALTRADE UNION FEDERATION OF KUWAIT

Having perused the provisions of Chapter XIII and Articles I, 2, 97 and 98 ofthe Private Sector Labour Law (Law No. 38 of 1964).

The Following is hereby decided:-

ARTICLE I

Trade Unions willing to form a federation, and the federations desirous toform the General Trade Union Federation of Kuwait shall select an InteriumCommittee to represent such similar Trade Unions or Federations, which shallwork out the draft of the relevant "Organic Statute," duly guided in this respect bythe standard regulations issued under Resolution No.4, provided that themembers of the said committee shall not be more than five.

ARTICLE 2

"The Interim Committee" shall call similar trade unions in the event ofconstituting the Trade Union Federation. The same committee shall also call theTrade Federations in case of Kuwait General Trade Union Federation for thepurpose of holding the Constituent General Assembly Meeting. Moreover, it shalldeclare candidature open for electing the first executive board members.Applications for nomination shall be submitted to the "Interim Committee" untiltwo days before convocation of the meeting, duly accompanied by "a writtencertificate confirming the labourer's representation for the relevant Trade Unionor Federation. Such announcement shall be made by the Committee at least ten(10) days before the date of the meeting.

The committee shall notify the Ministry of Social Affairs & Labour of the dateand place of the meeting at least one week ahead. It may also request one of theTechnical Inspectors of the Minstry for assisting in the legal proceedings of theGeneral Assembly.

ARTICLE 3

Each Trade Union shall be represented in the Constitutent General Assemblyby an equal number of the member-representatives of the Executive Board, whoserepresentation is approved in writing provided that the number of the ConstituentGeneral Assembly shall not be less than fifteen.

ARTICLE 4

The Constituent General Assembly shall approve the Draft Organic Statuteof the Trade Union Federation or General Trade Union Federation afterdiscussion and introduction of the amendments passed by two-thirds of the presentmembers. It shall also elect the members of the Trade Union FederationExecutive Board or the Executive Board of the General Trade Union Federationin conformity with the stipulations of the approved Organic Statute, and incompliance with Article 2 of this resolution, and the provisions of Article 26 of theapproved standard Organic Statute, duly accompanying the Resolution No. 4hereof.

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ARTICLE 5d U 'on Federalion Executive Board shall meet, after its election

The Tra ~ . 101'I its first meeting, from among its members "The Officeand duly nornme e a ,Board." ARTICLE 6

. Bard shall deposit the "constituent instrument of Tra~eThe Exec~tlve cf ITrade Union Federation with the Ministry of SOCIal

u~n Federabollonorfore~~~~ssary publication in the Official Gazette.Affaars & La ur,

ARTI~LE 7

I· hall be operalive the date of its publication in the OfficialThis Reso uuon sGazette.

MINISTER OF SOCIAL AI"FAIRS & LABOUR

ABDULLA AL MUSHARI AL RA WDAN

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MINISTERIAL RESOLUTION NO. 6CONCERNING THE ORGANISATION OF THE HIGHER

ADVISORYCOMMITTEE AND ITS RELEVANT PROCEDURE

The Minister of Social Affairs & Labour.

Hav.ing perused Law No. 38 of 1964. concerning the Private Sector Laboand Articles 92 & 93 thereof. ur ,

HEREBY ORDERS:-1st: A .Higher A.dvisory Committee on Labour Affairs shall be constituted und

this.~esolutlon to assu~e responsibility of advising on Labour Legislations ~~thel.r amen~ments. besides any other Issues referred to it by the Ministry ofSocial Affairs & Labour. duly relating to Labourers and Labour affairrs.

2nd: The Higher Advisory Committee on Labour Affairs shall be composed ftwelve members in the following manner:- 0

a. MEMBERS EX-OFFICEUndersecretary, Ministry of Social Affairs & LabourRepresentat~ve of M~n~stryof Finance & IndustryRepresentative of Ministry of InteriorRepresentative of Ministry of JusticeRepresentat~ve of Departmen~ of Legal Advice & LegislationRepresentative of Labour Affairs Body at the Ministry of Social Affairs& Labour.

b. EMPLOYERS' REPRESENT ATlVESOil Inudstry MemberIndustry MemberServices Member

c. LABOURERS' REPRESENTATIVES:A Member, representing Oil Labourers .A Member, representing Industry LabourersA Member, representing Service Labourers.

3rd: The members referred to in clauses b & c of the preceeding Article shall beelected as follows:

a. The ~mployers Fe~eration in every field provided for in clause «b» hereof shallnommate one of its members, whenever possible.

b. The .Labour Fede~ation in every field prescribed in clause «c,. hereof shallnominate one of Its members, whenever possible.

4th: The M!nistry of So:cialAffairs ~ ~bour shall issue an order for forming theComm~t~ee follo~ng the nommation of representatives by the aforesaidauthorities, provided that the membership term shall be two years.

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Stb. The Meeting of the Highe~ ~dvisory Co~mittee on Labour Affairs shall he, 'ded over by the MInister of Social Affairs & Labour, who shall

~cipate in the Committee debates without voting. In the event of hisrbsencc the Undersecretary of the Ministry of Social Affairs & Labour shallact on behalf of him.

6th' The Committee shall hold an ordinary meeting at least once every three, months under invitation extended by the Ministry of Social Affairs & Labour

at least a week prior to the convocation date.

7th'The Committee meeting shall be valid, if attended at least hy seven members.. including three from the Government Authorities and at least one from eachof the employers and Labourers Sector. If the quorum is not reached themeeting shall be adjourned for a week. provided that the referendary shallnotify the Committee members of the next meeting date on the same day.

8th: The Committee may not discuss any issues not included in its agenda.

9th: The Committee may constitute from among its members together with certainexperts. sub-committees, duly specialized in labour affairs such as vocationaltraining and manpower etc. It may further invite any person other than amember thereof, whose expertise is deemed to he required for a certain issuebrought before it. provided that he shall consultatively give such advisewithout any right to vote.

10th: The Committee shall lay down the rules of procedure required for the saidspecialized sub-committees, the constitution of which shall be made up of atriple representation system i.e. Government, Employer, Labourer.

11th: The decisions passed by the Committee shall be deemed to be valid if thea~lute majority of present votes is obtained. The said decisions togetherWith those adopted by the specialized sub-committees shall be submitted tothe Minister of Social Affairs & Labour in a form of proposals.

12th: The representative of Labour Body, at the Ministry of Social Affairs &Labour shall be the Referendary of the said Committe and all sub-committees.

13th: This Resolution shall be operative the date of its publication in the OfficialGazette.

MINSTER OF SOCIAL AFFAIRS & LABOUR

Abdul Am Abdulla AI-Sarawi

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MINISTERIAL RESOLUTION NO. 9 CLOSING ALLPRIV ATE LABOUR OFFICES, OR CONTRACTING FOR

SUPPL Y OF LABOURERSThe Minister of Social Affairs & Labour,

Having perused Articles «8 & II» of Law No. 38 of 1964 concerning thePrivate Sector Labour; and

Pursuant to the realized fact, that there are Private Labour Offices,established just for the purpose of generating profit which is contradictory to theLabour provisions; and

Pursuant to the proposal made by the Undersecretary of the Minisry.

HEREBY ORDERS:-

ARTICLE 1All Private Labour Offices or Labour Supply Contractors in all Governorates

of the State of Kuwait shall be closed and prohibited from exercising their relevantactivities.

ARTICLE 2This Order shall not apply to the Labour Offices of Benevolent Societies and

Trade Unions which are authorized to operate by the Ministry to establish suchoffices.

ARTICLE 3The Undersecretary of the Ministry shall implement this order. which shall be

effective the date of its promulgation and shall be published in the official Gazette.

Acting Minister of Social Affairs and Labour

Abdulla Al-Mishari AI-Rawdan

70

MINISTERIAL RESOLUTION NO. 12, FIXING FEES FORISSUE OF LABOUR IDENTITY CARD FOR NON·

KUW AITI LABOURERSThe Minister of Social Affairs & Labour

Having perused Artie Ie 4 of Law No. 38 of 1964 in respect of the FrivateSector Labour; and

The Ministerial Order No. 13/64 duly fixing the fees for issue of LabourIdentity Card for non-Kuwaiti Labourers

HEREBY ORDERS THE FOLLOWING:1ST: The fee for issue of a labour identity card for non-Kuwaiti Labourers or for

replacement of a lost or damaged identity card shall be KD 1/- (Kuwaiti, Dinar one only)

2nd: This order shall be operative immediately on publication in the OfficialGazette.

M~NISTER OF SOCIAL AFFAIRS & LABOUR

Khalid Ahmad AI-Mudaf

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MINISTERIAL RESOLUTION NO. 13

FIXING LABOUR IDENTITY CARD RENEWAL FEEFOR NON-KUWAITI LABOURERS

The Minister of Social Affairs & Labour;

Having perused Article 4 of Law No. 38 of 1964 in respect of the PrivateSector Labour; and

The Ministerial Resolution No. 12 of 1969 duly fixing the fees for issue ofLabour Identity card for non-Kuwaiti Labourers,

HEREBY ORDERS:

Ist: The fee for renewal of a labour identity card for non-Kuwaiti Labourers shallbe KD 0.500 (Five hundred Fils only).

2nd: This Order shall be effective the date of its publication in the OfficialGazette.

MINISTER OF SOCIAL AFFAIRS & LABOUR

KhaJid Ahmad AI-Mudal

ti

MINISTERIAL RESOLUTION NO. 17 OF 1973 ON OCCU-PATIONAL AND INDUSTRIAL DISEASES AS WELL AS

ANY PERTINENT DISEASE CAUSED THEREBYThe Minister of Social Affairs and Labour;

Having perused Articles, 43, 66, 68, 95, 97 and 98 of Law No. 38 of 1964,concerning the Private Sector Labour; and

The Ministerial Resolution No. 8 promulgating the t~ble fixing the perm~entdisability percentages in the event of industnal accidents and occupationaldiseases; and

Pursuant to the proposal of the Ministry of .~blic Health; and thepresentation made by the Under-Secretary of the Ministry

HEREBY DECIDES:-

ARTICLE 1

The employer shall appoint one or more physi~ans to.examine hi~ lab~urerswho are exposed to infections by any of the occ':1pa~onal diseases specified m theaccompanying table, provided that the following IS observed:

First: Once every six months for the labourers exposed to infections of theoccupational diseases specified hereunder: .

1. Poisoning of lead and its compounds if the nature of work exposes labourers tolead fumes.

2. Carbon disulphide poisoning.

3. Symptoms and diseases arising from exposure to radium and radioactivematerials or X-Rays.

4. Poisoning caused by petroleum derivatives.

SECOND:

Once every year for the labourers exposed to the infection of the followingoccupational diseases:

1. Lead poisoning in the event of operations other than those where labourers areexposed to lead fumes.

2. Affection made by chrome, its derivatives and sulphates.

3. Mercury poisoning.

4. Antimony posioning

5. Arsenic poisoning.

6. Phosphor poisoning

7. Manganese poisoning

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8. Sulphuric compounds poisoning

9. Nickle and its pertinent compounds affections

10. POisoning by •.••.trol .r:> eum, Its gases or pehment derivatives

11. Poisonmg by cholorofonn and carbon tetrachloride.

12. Poisoning by ethyl tetrachloride and eth I . .halogenic derivatives of aliphatic hyd ocYenbe tnchlonde as well as any other

r ar on compounds

13. Asbestos Fibre dust inhalation.

14. Chronic skin' and eyes irritations, besides eye affectionby heat and 'tight.

15. Exposure to materials causing occupational cancer.

Thir~: .Once every two years for the labourers exposedremammg occupational diseases specified in the to infections by the

enclosed table,

ARTICLE 2It is observable that the periodical medical examination

following: shall specify the

1. The condition of blood the nervou d di .the event of labourers' exposed t s an, igestive systems as well as urine in

o porsonmg by lead, '

2. The condition of the digestive and nervous sof labourers exposed to poisoni b ystems as well as urine in the event

mng y mercury.

3. The condition of the digestive and nervou .membranes in the event of labo s systdem as well .as skin and mucous

urers expose to arsenic poisoning.

4. The condition of the circulary system d h .case of labourers exposed to antimoann t: upper respiratory airways in they porsomng.

5. The condition of the jaws teeth and bone' hpoisoning by phosphor. ' s In t e event of labourers exposed to

6. The condition of the bl d 'exposed to poisoning ~ ~~;f~~Z'~'::s~d skin in the event of labourers

7 Th di. e sed ition C?fn:rvous system, the chest and skin in the event of I boexpose to poisorung by magnese. a urers

8. The condition of respiratory system and I1UJCOUSmembra 'labourers exposed to poisoning by Sulphur. nes In the case of

9 Th d' ., e con Ih.on of skin in the event of labourers exposed to aft ti b 'and chromium, ec Ion y nickle

10. The condition of the respiratory system, the skin and eye's'labourers exposed to poisoning by Petroleum. In the event of

11. The c?ndi.tion of respiratory system and eyes in the case of labouto poisoning by chlorine, flour and promin. rers exposed

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12. The condition of the liver, kidney, heart and the nervous system in the event oflabourers .exposed to poisoning by chloroform, carbon tetrachloride, ethyltetrachlonde, ethylene trichloride and other halogenic derivatives of thealiphatic group hydrocarbon compounds.

13. The con~itio.n of blood, skin and eyes in the event of labo~rers eXp?sed, topathologic diseases and symptoms which are caused by radium, radioactivematerials and X-Rays.

14. The condition of skin in the case of labourers exposed to the infections ofprimary skin cancer and skin irritations,

15. The conditions of eyes in the event of labourers exposed to the affection ofeyes by heat or light.

16. The conditions of the respiratory system and the chest including X-Rayexamination in the event of labourers exposed to lung dust and tuberculardiseases.

17. Hearing test in the event of labourers exposed to occupational deafness,

18. In case the conditions of work necessitate adding any further information, theexamining physician shall have the right to supplement such information.

ARTICLE 3A preliminary comprehensive medical examination shall be made in respect

of every labourer doing a work, exposing him to any of the occupational diseasesin question, provided that the nature and type of the diseases to which thelabourer is suspective shall be considered as to determine the extent of thelabourer's physical fitness to handle such a work. This examination shall be carriedout prior to commencing work.

ARTICLE 4The results of the preliminary and periodical examinations shall be registered

in the relevant record, a specimen of which is attached herewith.

ARTICLE SIn the event of any occupational disease suspected infection has been made by

the medical examination, necessary medical and laboratory tests shall be carriedout to ascertain the infection and its extent.

ARTICLE 6The physician performing the periodical examination may request the

re-examination of any labourer exposed to occupational disease in a period shorterthan that prescribed in this resolution if he realizes that his health conditionnecessitates such re-examination.

ARTICLE 7Without prejudice to the provisions of Article 64 of the law hereof, the

physician may suspend from work any labourer infected with an occupationaldiseases if he deems that the labourer's continuation in such work shall constitute adanger to his health.

A labourer suffering from an occupational disease may not be reinstated,

75

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un ess tIie medical examination proves that he is physically fit to rejoin such awork.

However, the physician may, if the condition of the labourer permits so,recommend the employment of the infected labourer on another job suitable to hismedical state, provided tbat the new job is remote from the source of tbeoccupational disease from which the labourer suffers.

ARTICLE 8The employer shall bear all the medical examination expenses in the event of

infection with the occupational diseases, besides the expenses of treatmentmedicines and transportation in accordance with Article 68 of the law hereof butwithout prejudice to the resolutions issued by the Ministry of Public Health i~ thisrespect.

A labourer sufferi.ng from any occupational disease shall receive his pay in fullthrough o~t the duratlo~ of treatment duly determined by the physician. In casesuch a penod exceeds SIXmonths, the employer shall only pay him half the saidremunerations in accordance with the provisions of Article 64 hereof.

ARTICLE 9The Competent Inspectors shall perform inspections to realize that the

preliminary and periodical medical examinations provided for hereof are made.~or s~ch .a job, they. shall carry out all necessary tests, medical or laboratory!nvestagatlons to reahz~ that .Iabo~rers are free from occupational diseases orinfected; and meanwhile to Identify the extent of such infection.

ARTICLE 10This Resolution shall be effective the date of its promulgation and shall be

published in the Official Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Hamad Mubarak AI-Ayyar

Issued oa 21st August 1973

76

TABLE OF OCCUPATIONAL DISEASES

St. NO TYPE OF DISEASE JOBS OR OPERATIONS CAUSING SUCHDISEASES

1. Lead poisoning and com-plications

2. Mercury poisoning and com-plications

3. Arsenic poisoningand complications

4. Antimony poisoning andcomplications

5. Phosphor poisoning and com-plications

Any work necessitating the use of handlingof lead its compounds or any matenalscontaining lead, including, f?r instanceand not limitation, the handling of leadores, casting of scrap lead and zinc con-taining lead to make into moulds forfabrication of articles from such casts.Fusion of lead and preparation of itscompounds, preparation and use of cera-mic coats containing lead, battery manu-facture preparation or use of dyes paints,varnishes or oils containing lead and anyother work calling for exposure to dust,lead fume, lead compounds or materialscontaining lead.Any work necessitating the use or hand-ling of mercury compounds or materialscontaining mercury as well as any worknecessitating exposure to dust or fumes ofmercury, its compounds or materials con-taining mercury. Preparation and manu-facture of mercury compounds, manufac-ture of mercurial factory instruments andmeasurement guages. Preparation andhandling of mercurial by-products. Prepa-ration of chlore. Extraction of gold bymeans of mercury for the purpose ofgilding with mercurial goldsmith works.Manufacture of explosives; and mercuryhandling in workshops and laboratories.Any work requires the use or handling ofarsenic or its compounds, or materialscontaining arsenic as well as any worknecessitating exposure to dust or fumes ofarsenic, its compounds or materials con-taining arsenic including, for example andnot enumeration, the industry and use ofdyes, paints and colours, insecticides andthe embalming of birds or beasts.Any work necessitating the use or hand-ling of antimony, its compounds, materialscontaining antimony as well as any worknecessitates exposure to dust or fumes ofantimony or materials containing thesame.Any work requires the use or handling ofphosphor, its compounds, materials con-taining the same as well as any worknecessitating the exposure to dust or fumesthereof.

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6. Poisoning by benzole or itsisomers such as amido & nit-ro compounds and any perti-nent complications

7. Manganese poisoning andcomplications

8. Chromium effects resulting inulcers and complications

9. Sulphur poisoning and com-plications

10.Affection by nickel theulceration and complicationsarising therefrom

11.Carbon monoxide poisoningand complications

12.Poisoning by hydrocyanicacid and complication result-ing thereform

13.Chlorine, flourine and bro-mine poisoning and com-plications

14.Poisoning by petroleumgases, derivatives and com-plications

Any work necessitating the use of handlingof ~uch materials besides any work necessi-tating exposure to their dust and fumes.

~ny work necessitating the use or hand-ling of manganese, its compounds or mate-rials containing the same as well as anywork requires exposure to dust or fume ormanganese, its compounds or materialscontaining the same.Any work requires preparation use orhandling of chromium, chromic a~id, chro-mates, sodium potassium, zinc dichro-mates or any material containing suchcompounds.Any work necessitating the use or hand-ling of sulphur, its compounds or materialscont~ning the same besides any workrequires exposure to dust or fumes ofsulphur its compounds or materials there-of.Any ~ork necessitating the preparation,forma~lOn, use ?r.handling of nickel or anymatenals containing the same or its com-pounds, including the plating of othermetals with nickel or its moulding withother metals in casts to nickel carbonylgas.Any work necessitating exposure to car-bon monoxide, including for example and~ot ~nu!'ler~tion, its processing or applica-non In lighting or generation of heat for allpurpos.es or carbon monoxide generationsag~s, In sa~e pl~ces, such as garages,bncks and Itme kilns, well sand mines.Any work n.ecessitating the preparation,use or handhng of hydrocyanic acid or itscompounds as well as any work requiresexposure to any gases, spray or duststhereof including for example and notenumeration the preparation and use ofinsecticides containing the acid or its com-pounds besides spraying of plants andvegetation by such acid or its compoundsfor instecticides purposes.Any work n.ecessitating the preparation,use or handling of these materials includ-ing exposure to their fumes or dust and forinstance but not enumeration the prepara-tion and use of chlorine for water purifica-tion a~ water disalination plants, chemicalfactones, laboratones, and its use forcuring on glass articles and plants of waterdistillation and purification. 'Any work ne~ssitating the handling oruse of petrol, Its gases or derivatives aswell as any work neceSSitating exposure to

78

15. Chloroform and carbon tet-rachloride poisoning andcomplications

16. Ethyl tetrachloride, ethylenetrichloride and otherhalagenic derivatives of thealiphatic group of hydrocar-bon compounds

17.Pathologic symptoms and dis-eases caused by radium,radio-active or ionising mate-rials and X-Ray

18.Chronic and acute skin irrita-tions eczema primordiat skincancer, eye inflammation andulceration.

19.Eye affections made by heatand light and any pertinentcomplications arising there-from.

20. Lung dust diseases arisingfrom:1. Silica dust2. Asbestos dust3. Cotton

21. Anthrax

solid liquids or gases including for exampleand not enumeration petroleum pumpmg,refining, processing of petroleum productsor use of petroleum in any place ormachine.Any work necessitating use or handling ofthese materials or necessitating the expo-sure to their fumes or fumes containing thesame including work in hospitals, factor-ies, pharmacies and their use as solvents inindustry or the field of laundries.Any work necessitating the use or hand-ling of such materials or exposure to theirfumes or any other fumes containing thesame, for example and not for limitation,the industry of dyes, paints, varnishes orcoating with pertinent solvents, as well asthe manufacturer of plastics, tanning,spectacles frame-making or in case of theiruse as solvents in cloth dyeing andwashing.Any work necessitating exposure to suchmaterials or their compounds, includingfor example and not limitation, work inlaboratories, factories and hospitals as wellas preparation and handling of radio-active isotopes X-Ray and dial luminouspainting.Any work necessitating exposure to anyirritation, inflaming or corrosive materialwhether solid, liquid or gaseous, includingfor example and not limitation, exposureto mineral oils, paraffine and its productsas well as tar, asphalt, bitumen acids andalkali compounds etc.Any work necessitating continuous or re-current exposure to heat, blaze or radia-tion, emanating from high temperatureautoclaves and stores fusing metals or glassas well as ultraviolete lamps or intensiveglow lamps.Any work necessitating exposure to newlygenerated dusts of silica or any substances,containing silica exceeding 5% of suchmaterial including for example and notlimitation work in mines, stone-quarries.bricks and stone making from silica con-taining materials as well as stone engravingor grinding. stone-home making. metalspolishing with sand besides any workinvolving asbestos or exposure to cottondust in grinding, spinning and weavingfactories.Any work requires contact with animalsinfected with disease or requires the hand-ling of their carcasses including skins,hooves, horns and furs

79

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Page 38: !Kuwait Labor Law No 38 Up to 2006

MINISTERIAL RESOLUTION NO. 18 OF 1973IDENTIFYING THE INDUSTRIES WHERE THE EMPLOY-

MENT OF JUVENILES IS PROHIBITEDThe Minister of Social Affairs and Labour,

Having perused Articles 17, 19,21,22, 95, 97 and 98 of Law No. 38 of 1964onthe Private Sector Labour; and

The Ministerial Resolution No. 17 issued on 21.8.1973 concerning Occupa-tional Diseases;; and

Pursuant to the proposals made by the Ministry of Public Health; and

The presentation of the said report duly made by the Undersecretary of theMinistry.

HEREBY DECIDES:

ARTICLE 1Juveniles of either sex are prohibited to work in the following industries and

works:-

a. Quarriesb. Asphalt Industryc. Asbestos Industryd. Sand Bricks Industry and any other industries where labourers are exposed to

Silica duste. Ionised radiation worksf. Oil and natural gas extraction, Petrol refining Industry and Petrochemical

plants.g. Works in vicinity of metal fusing and forging furnaces.h. Handling of explosive and any pertinent worksi. Manufacture and handling of insecticidesj. Manufacture and Repair of Electric Batt~ries .k. Work in Organic Fertilisers Industry or m their relevant warehousesI. Slaughter houses, Abattoirs and terminusm. Chlorine and Soda Industryn. Doco painting .,. .o. operation and supervision of moving machinery or their m~mtenance.p. All types of work require handling or use of lead, petrol,. arsemc,. phosphor or

any of the materials specified in the table of Occupational Diseases.

ARTICLE 2This Resolution shall be operative the date of its promulgation, and shall be

published in the Official Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOUR

IIaDuId Mub8nk Al-Ayy ••.

82

MINISTERIAL RESOLUTION NO. 19 OF 1973

CONCERNING FIRST AID KITSThe Minister of Social Affairs & Labour,

Having perused Articles 44, 95, 97 and 98 of Law No. 38 of 1964concerningthe Private Sector Labour; and

The proposal made by the Ministry of Public Health; and

The presentation of the Under-Secretary

HEREBY DECIDES:

ARTICLE IEvery establishment subject to the provisions of this Resolution shall provide

and maintain a First-Aid-Kit containing at least the following quantities ofMedicines, Bandages and Antiseptic Materials:-

TYPE QUANTITYMuslin bandages IOcmMuslin bandages 5 emMedical cotton woolBox containing Antiseptic dressingMercurochrome water solutionPure AlcoholAIcholic mecurochrome solutionIodine TincturePicric Acid Water solutionAntiseptic VaselineBoric Acid SolutionEye bathElasto-compressing bandage (Tourniquet)Thigh side splintLet Back SplintForearm side splintShoulder splintArm Angular SplintStretcher

ARTICLE 2The contents of First-Aid-Kit shall be replenished first by first.

ARTICLE 3

10 Rolls10 Rolls

1 Kilo1 No.

500ccl00cc500cc500cc500cc

5 tubesl00cc

2 Nos.2222222

The competent officials shall have the right to request adding any furthermaterials the nature of firm work may necessitate to be available.

83

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ARTICLE 4

This Resolution shall be enforced the date of its promulgation and shall bepublished in the Official Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Hamad Mubarak AI-Ayyar

Issued on: 17th September 1973

84

MINISTERIAL RESOLUTION NO. 23/1974ORGANISING THE PROCEDURE OF MEDICAL

ARBITRATION IN EVENT OF INDUSTRIAL ACCIDENTSAND OCCUPATIONAL DISEASES

The Minister of Social Affairs & Labour

Having perused Article 63 of Law No. 38 of 1964 on the Private SectorLabour; and

The Ministerial Resolution No.8 concerning the Table fixing the PermanentDisability Percentage in the event of Industrial Accidents and OccupationalDiseases; and

The Minutes of the fifth meeting duly held on 12.2.1974 between the Ministryof Social Affairs & Labour and the Ministry of Public Health on co-ordination ofthe Inspection Procedures between them; and

The letter No. 22122 dated 2.12.1973 of the Ministry of Public Healthcovering a proposal for the organisation of a medical Arbitration Procedure; and

The letter No. 1072 dated 19.3.1973 of the Ministry of Interior approving itsparticipation in the membership of the Committee for the Assessment ofPercentages of Disability resulting from Industrial Accidents and OccupationalDiseases; and

Pursuant to the proposals made by the Under-Secretary of the Ministry

HEREBY DECIDES:

ARTICLE 1

A Medical Arbitration Committee shall be constituted in the followingmanner:-

1. A physician to be appointed by the Ministry of Public Health CHAIRMAN

2. A Forensic Medicine Physician to be appointed by the Ministry of InteriorMEMBER

3. A Physician specialized in the branch of the disease in question or thesubject-dispute MEMBER

4. A labour Investigator, to be appointed by the Ministry of Social Affairs &Labour MEMBER

The Committee membership may include any expert the Committee deems fitto seek his advise.

ARTICLE 2

The Committee shall hold a meeting at the invitation of the Chairmanwhenever necessary.

ARTICLE 3

The Committee shall hear all challenges and contests submitted by labourers

85

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or employers regarding industrial accidents, occupational diseases, the per,!,anentpercentage of disability resulting from such accidents or the medical certJficat.esissued by the treating physicians, whether of Government, Private or lndustnalSectors.

ARTICLE 4Such a challenge shall be submitted, in writing, to the competent Labour

Office within a period not exceeding 90 days from the date of receipt of themedical certificate or report issued by the treating physician.

The Labour Office shall within one week from the date of the challengesubmission refer the same to the Chairman of the Arbitration Committee.

Any challenge submitted after the expiry of the period referred to in Article 4hereof shall not be considered.

ARTICLE 5Decisions of the Medical Arbitration Committee shall be final and incontest-

able in any manner whatsoever is.

ARTICLE 6This Resolution shall be published in the Official Gazette shall be effective

the date of its publication thereof.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Hamad Mubarak AI-Ayyar

Date: 16.5.1974

86

MINISTERIAL RESOLUTION NO. 24 OF 1975, FORMING THEPREPARATORY COMMITIEE PERFORMING THE ACCI-DENTS PROTECTION MEASURES FUNCTIONS

The Minister of Social Affairs & Labour.

Having perused the Law No. 18of 1960concerning the Public Sector LabourLaw and implementing resolutions thereto; and

Private Sector Labour Law No. 311of 1964 and all implementing resolutionsthereto; and

Oil Sector Labour Law No. 28 of 1969; and

The minutes of the meetings of the Governmental Ministries and Organiza-tions representatives. concerning accidents protective and precautionary mea-sures; and

Pursuant to the proposal made by the Undersecretary of the Ministry.

Hereby decides:-

ARTICLE IA Committee shall be formed in the following manner and called "Accidents

Protective Measures Committee"

I. I) A representative of the Ministry of Social & Labour --------------.---- Chairman

2) A representative of Kuwait Chamber of Commerce & Industry ------- Member

J) A representative of General Trade Union Federation of Kuwait i.e.(Labourers and Employees) -------------------------------------------------------Member

4) A representative of the Joint Sector (Public-Private Sector) ----------- Member

5) A representative of Oil Sector ----------------------------------.. ---------:--- Member

6) A representative of Private Sector --------------------------------------------Member

7) A representative of Insurance Companie. ----------------------------------Member

The committee may seek the assistance of any technical expert deemedcompetent to advise on the topic under discussion.

ARTICLE 2

The Accidents Protective Measures Committee shall assume the followingfunctions:-

a) Conducting studies and researchers in the area of safety within the variouslabour sectors i.e. (Governmental. Private. Oil and Joint Sector).

b) Compiling statistics and data relating to all protective and precautionarymeasures in various firms and institutions.

c) To study safety rules and regulations in various firms and institutions.

Page 41: !Kuwait Labor Law No 38 Up to 2006

or employers regarding industrial accidents, occupational diseases, the per'!lanentpercentage of disability resulting from such accidents or the medical certJficat.esissued by the treating physicians, whether of Government, Private or IndustrialSectors.

ARTICLE 4Such a challenge shall be submitted, in writing, to the competent Labour

Office within a period not exceeding 90 days from the date of receipt of themedical certificate or report issued by the treating physician.

The Labour Office shall within one week from the date of the challengesubmission refer the same to the Chairman of the Arbitration Committee.

Any challenge submitted after the expiry of the period referred to in Article 4hereof shall not be considered.

ARTICLE 5Decisions of the Medical Arbitration Committee shall be final and incontest-

able in any manner whatsoever is.

ARTICLE 6This Resolution shall be published in the Official Gazette shall be effective

the date of its publication thereof.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Hamad Mubarak AI.Ayyar

Date: 16.5.1974

86

MINISTERIAL RESOLUTION NO. 24 OF 1975, FORMING THEPREPARATORY COMMITTEE PERFORMING THE ACCI-DENTS PROTECTION MEASURES FUNCTIONSThe Minister of Social Affairs & Labour,

Having perused the Law No. II!of 1960concerning the Public Sector LabourLaw and implementing resolutions thereto; and

Private Sector Labour Law No. 3/l of 1964 and all implementing resolutionsthereto; and

Oil Sector Labour Law No. 28 of 1969; and

The minutes of the meetings of the Governmental Ministries and Organiza-tions representatives. concerning accidents protective and precautionary mea-sures; and

Pursuant to the proposal made by the Undersecretary of the Ministry.

Hereby decides:-

ARTICLE I

A Committee shall be formed in the following manner and called "AccidentsProtective Measures Committee"

I. I) A representative of the Ministry of Social & Labour ----------------- Chairman

2) A representative of Kuwait Cham her of Commerce & Industry ------- Member

J) A representative of General Trade Union Federation of Kuwait i.e.(Labourers and Employees) -------------------------------------------------------Member

4) A representative of the Joint Sector (Public-Private Sector) ----------- Member

5) A representative of Oil Sector ----------------------------------------------.---Member

6) A representative of Private Sector --------------------------------------------Member

7) A representative of Insurance Companie. ----------------------------------Member

The committee may seek the assistance of any technical expert deemedcompetent to advise on the topic under discussion.

ARTICLE 2

The Accidents Protective Measures Committee shall assume the followingfunctions:-

a) Conducting studies and researchers in the area of safety within the variouslabour sectors i.e. (Governmental. Private. Oil and Joint Sector).

b) Compiling statistics and data relating to all protective and precautionarymeasures in various firms and institutions.

c) To study safety rules and regulations in various firms and institutions.

Page 42: !Kuwait Labor Law No 38 Up to 2006

d) To fo.llo~ up all recommenda~ions proposed by regional and internationalorgamzations and the appropnate bodies specialized in the issues of safetymeasures.

e) To study the possibility of utilizing the technical assistance offered byinternational bodies in this respect.

f) To study the extent of significance regarding the establishment of a ResearchInstitution within the area of Industrial safety.

g) Presentation of opinions, proposals and recommendations within the field oflegislatidns, control, inspection, scientific research, incentives, symposiums,exhibitions, information. training and awareness.

ARTICLE 3The committee shall meet periodically once every month, and its reporter

shall assume the duties of calling the Committee to hold its meetings.

ARTICLE 4The Undersecretary of the Ministry shall, upon agreement with the

Authorities concerned, issue a resolution duly nominating the Chairman andmembers of the said committee.

ARTICLE 5This Resolution shall be published in the Official Gazette, and be enforced

with effect from the date of its publication.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Issued on 26.4.1975

88

MINISTERIAL RESOLUTION NO. 2S OF 1975 ON JUVENILESEMPLOYMENT

The Minister of Social Affairs & Labour,

Having perused Articles 19 and 97 of Private Sector Labour Law No. 38 of1964,

HEREBY DECIDES:-ARTICLE I

Juveniles of either sex may not be employed on any work unless a permit issecured from the Ministry of Social Affairs & Labour in this respect. Such a permitis required to be renewed every year.

Applications for securing the said permit shall be submitted to the Ministry,duly including the following:-

a) The name of the Employer

b) Address and branches of the Firm.

c) Nature of work to be carried out by the Juvenile

d) Names of foremen supervising the juveniles' work.

ARTICLE 2Juveniles of age varies between 14 and 18 years shall not be employed, save

after securing a valid labour identity card from the Ministry of Social Affairs &Labour, duly comprising the following:-

a) Name and surname of Juvenile

b) Name of Juvenile's guardian

c) Nationality of Juvenile

d) Juvenile's place of residence

e) Juvenile's age

f) Juvenile's medical fitness and date of his/her medical examination.

g) Nature of work to be performed by the Juvenile.

ARTICLE 3Any employer engaging juveniles in service shall satisfy the following:-

a) To draw up first by first a list showing the name and years of age of eachjuvenile, together with the date of employment and the type (nature) of workcarried out by himlher.

b) To post in a conspicuous place at the site of work a list clearly showing theworking hours and break-periods of such juveniles.

89

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ARTICLE 4This Resolution shall be operative the date of its publication in the Official

Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Issued 00: 18.12.1975

MINISTERIAL RESOLUTION NO 28 OF 1976 DEFINING THETERM "NIGHT"

The Minister of Social Affairs & Labour

Having perused Private >ector Labour Law No. 38 of 1964,

HEREBY DECIDES:-ARTICLE 1

The Term "Night" specified in the Labour Law referred to hereof means t.heperiod of consecutive eleven hours fall between 7.00 (seven) p.m. and 6.00 (SIX)a.m.

ARTICLE 2This Resolution shall be published in the Official Gazette; and shall be

operative the date of its publication.

MINISTER OF SOCIAL AFFAIRS & LABOUR

SALEM AL SABAH

hsued on:: 13.1.1976

91

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MINISTERIAL RESOLUTION NO. 35 OF 1977 CONCERN-ING ENTRY PERMITS TO DANGEROUS INDUSTRIALAREAS AND OTHERSThe Minister of Social Affairs & Labour.

After perusing Law No. 38 of 1964 regarding the Private Sector Labour; and

Law No. 28 of 1969 regarding work in the Oil Business Sector; and

The Ministerial Resolution No. 32 of 1977 regulating entry to the dangerousindustrial areas and the other industrial areas; and

Acting on the public interest needs; and

Pursuant to the representation by the Undersecretary of the Ministry.

DOES HEREBY DECIDE:

ARTICLE 1The third Article of Ministerial Resolution No. 32 of 1977 regulating entry

into dangerous industrial areas and other industrial areas shall be substituted bythe following text:

"The concerns mentioned in the first Article shall regulate entry permits totheir premises in agreement with the Ministers of Interior and Social Affairs &Labour. The consent of the Ministry of Interior shall be sought for appointmentsto every post whose duties will include inspection of entry permits to suchconcerns. The Ministry of Social Affairs & Labour shall be notified of the namesof those" appointed in these posts.

ARTICLE 2The provisions of this Resolution shall apply the date of enforcement of

Ministerial Resolution No. 32 of 1977.

ARTICLE 3This Resolution shall be published in the Official Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Salem AI-Sabah

Issued on: 19th Safar, 1398, A.H.Correspoodm, 10: 7th Feb. 1978 A.D.

94

MINISTERIAL RESOLUTION NO. 42 OF 1979PERTINENT TO CONSTITUTION OF THE STANDINGCOMMITTEE FOR COORDINATION OF WORK BE-TWEEN THE MINISTERS OF SOCIAL AFFAIRS &LABOUR AND PUBLIC HEALTH IN THE FIELD OFVOCATIONAL SAFETY AND HEALTHThe Minister of Social Affairs & Labour.

Having considered Law No. 38 of 1964 on the Private Sector Labour; and

Law No. 28 of 1969 concerning Labour in the Oil Business Sector; and

The Council of Ministers' decision at its session No. 26-27 concerningeffective coordination between Vocational Safety Bodies at the Ministries ofSocial Affairs & Labour and Public Health; and

Ministerial Resolution No. 24 of 1975constituting the prepartory Committeefor protective procedures against incidents; and

Minutes of the meetings between the Ministries of Social Affairs and Labourand Public Health to coordinate activities regarding Vocational Health and Safety;and

Pursuant to the representation made by the Undersecretary of the Ministry.

IT IS DECIDED:

ARTICLE IA Standing Committee to coordinate work between the Vocational Health

and Safety Bodies at the Ministries of Social Affairs & Labour and Public Healthshall be constituted as follows:

1. A representative of the Ministry of Social Affairs and Labour CHAIRMAN

2. Two members for each of the Ministry of Social Affairs & Labour & TheMinistry of Public Health MEMBERS

ARTICLE 2

The Committee stipulated for in the preceding Article shall perform thefollowing:

1. Preparation ?f the plan of a~t.ion in respect of Vocational Health and Safety inimplementation of the provrsrons of Law No. 38 of 1964 concerning labour inthe Private Sector and Law No. 28 of 1969 pertinent to the Oil Sector Labourand their executory rules and Ordinances.

2. Endorsement of the measures necessary for implementing the action plan andthe method of inspecting the industrial. a!ld oil seclo~s without prejudicing theagreements concluded between the MInistry of Social Affairs & Labour andShuaiba Area Authority.

3. The Co~pilation of studies and researches on Vocational Health and Safety inthe vanous labour spheres for submission to the preparatory committee forprotective measures against incidents.

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4. Consider draft resolutions relating to Vocational Health and Safety prior topromulgation.

5. Analysis of annual reports on works of Vocational Health and Safety by each ofthe two bodies at the Ministries of Social Affairs and Labour and Public Health.

6. Suggestion of necessary training programmes, at home and abroad, to upgradework performance for submission to the Competent Authorities.

7. Recommending the necessary researchers in the field of Vocational Health andSafety.

ARTICLE 3The Committee shall hold periodic meeting at least once every month on an

invitation by its Chairman.

The Committee may enlist the help of persons of expertise in the mattersbrought before it.

ARTICLE 4The Committee shall submit minutes of its meeting to the Minister of Social

Affairs & Labour for approval and shall send copies thereof to the Minister ofPublic Health.

ARTICLE 5The Undersecretary of the Ministry shall issue a resolution nominating the

Chairman & members of the committee.

ARTICLE 6This resolution shall be published in the Official Gazette and shall be effective

the date of its publication.

MINISTER OF SOCL\L AFFAIR & LABOUR

Abdul Aziz Mahmoud

Issued OD 8th llIijab 1399 HCorrespoadiDg to: 3rd June 1979 A.D.

96

MINISTERIAL RESOLUTION NO. 43 OF 1979 ON THE PRE-CAUTIONARY MEASURES AND CONDITIONS TO BE SATIS-FlED IN AREAS AND SITES OF WORKS FOR PROTECTIONOF LABOURERS, MACHINERY , INSTALLATIONS ANDHANDLED MATERIALS AGAINST WORK DANGERS,HEALTH HARMS AND OCCUPATIONAL DISEASES

The Minister of Social Affairs & Labour,

Having perused Law No. 38 of 1964 concerning the Private Sector LabourLaw, and all amendments thereto; and

Law No. 28 of 1969 on Oil Sector works; and

The Ministerial Resolution No. 17 of 1973, on occupational and industrialdiseases, including the relevant industries and diseases causing the same; and

The Ministerial Resolution No. 18 of 1973 identifying the industries where theemployment of Juveniles is prohibited; and

The Ministerial Resolution No. 19 of 1973 concerning First Aid Kits; and

The Ministerial Resolution No. 22 of 1974, concerning the precuationarymeasures required to be satisfied for the protection of labourers against dangers ofaccidents and occupational diseases; and

The Ministerial Resolution No. 23 of 1974, organizing the Procedure ofMedical Arbitration in the event of industrial accidents, and occupationaldiseases; and

The Ministerial Resolution No. 24 of 1975 forming the PreparatoryCommittee assuming the functions of labourer's protection against accidents; and

The Ministerial Resolution No. 25 of 1975, concerning the employment ofJuveniles; and

The Ministerial Resolution No. 30 of 1977, concerning the powers of thecompetent officials supervising the implementation of the Labour Laws and theirexecutive resolutions and rules, within the scope of occupational and industrialsafety;; and

The Ministerial Resolution No. 32 of 1977, organizing entry into thedangerous industrial areas; and

The Ministerial Resolution No. 35 of 1978, governing entry permits todangerous industrial areas; and

After having secured the opinion of the competent authorities, and

Upon the requirements of the Public interest; and

Pursuant to the proposal of .tlie Undersecretary of the Ministry,

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HEREBY DECIDES:-

CHAPTER I

SAFETY AND MEDICAL PRECAUTIONARY MEASURES RE-QUIREMENT TO BE SATISIFIED FOR OPERATIONAL PUR-POSES

ARTICLE IEvery employer shall take all precuationary measures' required to ensure that

the operational conditions prevailing at the various places and sites of work securea thorough protection for labourers and frequent visitors against hazard to healthand occupational diseases and injuries by observing the following.-

a) To install an effective control system, duly securing the existence of safetythroughout the work environment besides ensuring that all labourers arestrictly observing the protection instructions laid down.

b) To provide effective protection throughout the places of work, and secure thesafety of operating and using the various types of equipment and machinery.

c) To take all precautionary measures required when using materials underhandling.

ARTICLE ZEvery employer shall, upon employment or transfer of any labourer from one

job to another nature of which is different from the former one, observer thefollowing>

a) To keep the labourers well acquainted with the potential hazards of theirtraders and health of which they may suffer, together with the relevant meansand precautionary measures to be observed for protection against hazards tohealth and occupational diseases.

b) To keep the labourers well acquainted with the precautionary means andmeasures required to be taken in respect of each trade and the method ofapplying the same. .

c) To train labourers on how to use and apply the alarm devices, fire fightingequipment and extinguishers whenever necessary.

ARTICLE JEverv person working at the place of work, frequently visiting the same or

always located there shan strictly abide by safety and occupational healthregulations, besides cooperating with the employer, the Safety Officers and theMedical Unit Staff in charge of the work area service, in implementing the saidregulations and instructions. Furthermore, he shall use the safety means available,and shall neither hinder their performance nor remove them, transfer them or inany manner whatsoever interfere with the operational methods. Moreover, he isrequired to keep the employer or the work area medi~ unit staff informed of anyshortage of deficiency in the performance of such eqwpment which may cause anypotential danger, hazard or harm to health.

98

CHAPTER II

PRECAUTIONARY MEASURES REQUIRED FOR SAFETY OFMACHINERY, EQUIPMENT AND PERSONAL PROTECTION

ARTICLE 4Every emplo~er shall, when erecting and arranging equipment and machin-

er~, lea~e a suffi~lent space, adequate.ly suitable ~o allow labourer to pass freelya~ pe orm their duties, .together with any maintenance operations required,Wllh~ut any obst~c1esor being exposed to the potential danger of collision, besidessecunng such SUItable emergency exits.

ARTICLE 5The employer shall constantly encircle every moving part of any prime-

move~, as well as eve~y part of tr~nsmis.sion gear and every dangerous part of anymachtnery. whether fixed or mobile, WIth such suitable protective fences unlesssuc~ ma~hInery or parts of a construction designed as completely safe as ii wouldbe If entJre~y cove.red with a protective fence. Moreover, no protective partitionshall ~ adjusted I~stalle.d or removed, unless the machine is completely out ofoperalton: A certain device such as a swi~chof traini~g off power supply shall bemade available nearby the releva~t machine to. stop Its operation in the event ofemerg~ncy. Furthermore, no ~atntenance,. adjustment, checking or lubricationoperations shall be made while the machines are operating.

ARTICLE 6Every employer shall provide such suitable protective gear and means for the

~u~se of J;lrotecltng labou~ers again~t accidents and injuries resulting from use oflifting, towing and conveying machinery and equipment.

ARTICLE 7Every employer shall take all precautionary measures required to protect

labourers against the danger of falli~g, .falling bodies, scattered and dispersedfragments, splas.he~ and spat.tered liquids, sharp bodies, leakage of caustic,burning or hot liquids and/or tnflammables or any other materials of a harmfuleffect. He must take the nece~sary.preventive measures to protect labourers fromthe P?t.entlal hazar~~ of stonng tnflammabl~ materials, compressed gases andelectricity by providing the relevant secunty and all suitable precautionarymeasures.

ARTICLE 8The employer shall, in cases where the applicable protective methods are not

adequa~ely sufficient for securing the safety of labourers, provide them withprotecltve clothes, a~ well as personal tools and means of protection such asg~gles, caps, ~elts, Jackets, masks and such other protective clothes providedthat they ~re SUItablefor the nature of operations carried out by the la~urers andt e matenals used for each operation. Moreover, labourers must be trained on~ow t? use and apply the said protective tools and means which must always beept tn a proper, safe, clean and antiseptic manner.

ARTICLE 9Residues and refuses of inflammable and explosive materials shall not be

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thrown on floors and/or left over therein. but they must be removed immediatelyfirst by first in conformity with safety precautionary measures and regulations.

CHAPTER III

PROTECTION REQUIREMENTS AGAINST HARMS OF CHE-MICAL MATERIALS

ARTICLE 10It must be observed that labourers shall neither be exposed to any harmful

materials which may cause cancer infection nor they are required to touch su~hmaterials unless a relevant special permit is secured from the concerned authorityat the Ministry of Public Health, particularly in case of the following substances:-

- Acetyl Amino-t1ourine- Vinyle Di-amine- Benzene and slats (chlorobenzene)- Benzoin dichloride- Amino-azo-nitrous di-methyl.- N. Nitroso-divinyl-amine- Propio-Lactone- Benzole (substance).

ARTICLE II

Necessary precautionary measures must .be taken ~o prevent eXJ?Osur~.oflabourers to any chemical and/or dust mixture which may be Identifiedhereinafter. Any mixture of materials or substances is deemed to be surpassed thesafety limits if the resultant of:

al a2- + - exceeds the whole figure on, where "a"bl b2

represents the degree of substance concentration. at the wO.rk.atmosph~re, and "b"represents the maximum degree of concentration permissible within the workatmosphere for the same substance.

CHAPTER IVARTICLE 12

HEALTH PRECAUTIONARY MEASURES TO BE SATISFIEDAT THE PLACES OF WORK

Every employer is required to observer that the following health precaution-ary measures are provided at the place of work:-

a) In case or indoor work within the employer's installations & shops:

1) Ceilings must be suitably fitted in a manner insulating the interior surroundingatmosphere from the exterior heat.

2) The distributions of all outl~ts, ~in~ows, light-inlets' and openings must .bemade in a manner properly diffusing hght throughout the place of work, whichmust not be hindered by any obstacle whatsoever.

3) Natural and/or artificial ventilation therein shall be adequate and appropriate in

100

order to prevent any stagnation or slow freshness of air. besides avoiding harmfulair draughts and vitiation, high humidity or excessive heat, and/or effecting anysudden change thereof. or admitting the propagation of noxious odours.

b) In the event ?f any.out door work performed in an exposallocation, labourersha~1be provided with all necessary preventive means which sh~1Iprotect t~emagamst being exposed to any hazards to health or occupational diseases, besidesproviding all the precautionary measures required so as to avoid the saidhazards to health at the place and/or site or work.

ARTICLE 13Cool. clean potable water shall be provided in sufficient quantities,

according to the number of labourers. Water supply points shall be distributedat suitable and easily accessible places. In the event of water supply beingreserved for work or fire fighting purposes. an indication to that effect shallclearly be made thereon.

ARTICLE 14Every firm shall be equipped with a sufficient number of water-closets,

adequately conforming with the relevant number of labourers. The saidwater-closets must be equipped with appropriate detergents. adequate ventila-tion and lighting.

ARTICLE ISIn the event of industrial residue disposal, it must be observed that such

resude shall be disposed of in a manner preventing the leakage of any chemicalmaterials, acids and/or alkaline substances or any other decay-causing-materialwhich may affect or damage the drainage channels or pollute the sea water.

ARTICLE 16In industries where the body or clothes may be soiled, a special place for

the labourers to change clothes therein, properly equipped with cupboards orlockers shall be provided.

ARTICLE 17

In every industrial firm where fifty (50) labourers or more are engaged aFirst-Aid-Room shall be provided. In case a doctor is employed to be in chargeof the firm labourers' treatment. a suitable clinic shall be made available inorder to meet the relevant number of workers.

ARTICLE 18

In case of industrial process and/or machinery operation of which mayresult in the generation of harmful dust, smoke or gases, special rooms or aseperate building, detached from main building of the firm shall be assigned forthe same, so as to prevent the spread of the said polluting materials and gases inthe atmosphere of the entire industrial firm. Moreover, they must equippedwith such suitable exhaust equipment and devices.

ARTICLE 19

In the event of machinery or equipment causing excessive convulsion andloud noices, such machinery and equipment shall be tightly fixed on shock

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aosoroe no corrvutsron COnITOI ses. properly Isolate in a compatiblemanner to reduce the said loud noice.

CHAPTER V

ARTICLE 20All petroleum installations. firms, ports explosives warehouses, liquified

petroleum gas filling depots. o~ygen and amn:onia f~lIin~ depots an~ any ot~erinflammable gases. together with any other industrial firm and/or installationwhose labourers exceed a number of forty (40) are required to keep the SafetyAuthority concerned at the Ministry of Social & Labour informed of the labouraccidents and injuries occured in their firms and installations i.n~ccordance withthe provisions of this chapter by means of a quarterly statistical-report dulycovering the same and submitted once every three months.

ARTICLE 21

The average of labour accidents occured in every firm or installation shallbe calculated at the end of every year in the following manner:-_ Average of accident's recurr- No. of accident occured x 1 million hrs.

ence: No. of labourers' actual working hours- Average of accidents' severity: No. of days of work discontinuenity by

the reason of accidents x 1 million hrs.No. of labourers' actual working hours.

ARTICLE 22

All firms and installations are required to notify the Safety AuthorityConcerned at the Ministry of Social Affairs & Labour of all accidents, resultingin injuries of labourers and/or damages of equipment or machinery.

ARTICLE 23All Insurance Companies concerned shall notify the Competent Safety

Authority at the Ministry of Social Affairs & Labour in .t~e event ~fcompensating or indemifying any firm subject to the provisions of thisresolution for any labour accidents occured.

CHAPTER VI

GENERAL PROVISIONS

ARTICLE 24Without prejudice to the provision of t.he Min,isterial Resolution No. 17 of

1973, on occupational diseases, and. such industries and dls~ases c~\KIng thesame, every employer shall maintain and keep the following registers andrecords at the place of work:·

a) A register for sick labourers. suffering from occupational diseases.

b) A register for sick labourers. suffering from non-occupational diseases.

c. A register for labour-accidents and injured labourers.

102

Such registers registered shall be prepared in conformity with the formsprescribed by the Ministry of Social Affairs & Labour.

ARTICLE 25The Ministry of Social Affairs & Labour shall issue the guiding-tables which

will be ~pp~ied i~ the event of measuring any standards and/or criteria relat!n~ tosafety lighting with regard to various operations of precise accuracy, permissiblerock dust , temperature, safety and security of dangerous materials and substan~s,causing hazards to health which may exist within the relevant work surroundingand environment. Such a guiding-table shall be issued after agreement is reachedwith the Ministry of Public Health in this respect.

ARTICLE 26The Safety Authority Concerned at the Ministry of Social Affairs & Labour is

empowered to issue all detailed instructions and directives pursuant to theimplementation of this resolution. deemed to constitute an integral part of itsprovisions.

ARTICLE 27The Safety Authority concerned at the Ministry of Social Affairs & Labour

shall draft a statement. covering the means of personal protection required.together will all distinguishing marks and codes. duly identifying protectionagainst labour accidents and injuries, which may be made after agreement withother competent authorities.

ARTICLE 28The provisions of this resolution shall be applicable to all works and

operations causing the occupational diseases specified in the Ministerial Resolu-tion No. 17 of 1973, as well as the industries and diseases resulting in the same,besides the industries where juveniles are prohibited to work as precisely specifiedin the Ministerial Resolution No. 18 of 1973. governing the OccupationaJ Health.

ARTICLE 29Moreover, all oil industries, road works, building construction, demolition,

earth works and ports works are all subject to the provisions of this resolution,with regard to every issue pertinent to the occupational safety.

ARTICLE 30The Ministerial Resolution No. 22 of 1974 concerning the precautionary

measures required to be satisfied for protection of labourers against injuries andoccupational diseases shall be repealed.

ARTICLE 31This resolution shall be published in the Official Gazette, and shall be

operative as from I. 7 .1979.

MINISTER OF SOCIAL AFFAIRS & LABOURABDUL AZIZ MAHMOUP

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lA+

1 B

WHERE

2A+

2B

A - Time of exposition at specified noise levelB - Allowable time of exposition at that level

The. noise strength exceeds the limits if the result of the equation is greaterthan umty.

4. The noise level stre~gth that results from the use of the heavy hammer millsmust not exceed 140 decibals as a maximum limit in any case whatsoever is.

TABLE 3

TEMPERA TURE LEVELS SAFETY IN WORK ENVIRONMENT

The temperature level safety conditions under which work can be performedwithout any multiple danger to workers and that which is suitable for the nature ofthe work the amount of effort applied, measured by the wet bulb thermometer islimited according to the following table

WORK SYSTEM& REST

LIGHT WORK MEDIUMEFFORT WORK

HARDWORK

Continuous75%work, 25%rest5O%work, 50%rest25%work, 75%rest

30°c30Sc31Sc32.ooc

27.ooc28.ooc29Sc31.OOc

The temperature of wet bulb thermometer for different conditions of work iscalculated by the following equations:

A. Work in open area under Sunlight expositionWet Bulb Thermometer reading

- 0.7 Wet thermometer reading - 0.2Globe Thermometer reading - 0.1Dry Thermometer reading

B. Work under sheds or in outdoor shed locationsTemperature of Wet Thermometer

- 10.7 Wet Thermometer reading- 0.3 Globe Thermometer reading

l<A'J

TABLE 4

SAFETY CRITERIA AND LEVELS FOR DANGERS ANDHEALTH DAMAGING MATERIALS WHICH ARE

ALLOW ABLE TO BE PRESENT IN WORKENVIRONMENT

NAME OF MATERIAL MAXIMUM ALLOWABLECONCENTRATION IN

MILLIGRAMS/M3Ammonia 18Ammonium chloride (smoke) 10Aniline 19Rancid, its compounds and its derivatives 0.05Petroleum Asphalt smoke 5Cadmium (salt and dust cadmium Oxide) 0.2Calculated on Cadmium Elements basis 0.1Carbon disuophide 60Carbon Monoxide 55Carbon Tetrachloride 65Divinyl Chloride 0.5Chlorine Gas 3Chlorine Gas 3Nitric Acid 5Nitogen Oxide 9Chloroform 50Chromic acid calculated on chromium basis 0.05Coal distillate vilatile and BenzeneSoluable 0.2Cresole 22Formic Acid 9Hydrogen Cucanide 11Hydrogen Sulphide 15Inorganic lead and its compounds (smoke & dust) 0.15Manganese and its compounds 5Mercury Organic Compounds 0.01Methyl Chloride 210Methyl Mecaptan 1Naphthlein 50Florine 2Formaldelyde 3Ozone 0.2Phenol 10Phophigine 0.04Phosphine 0.4Burdine 15Ketone 0.4Salinium Dioxide 13Diethyl Amine 75Diphenly 1.15Etband Amine 6Ethyl Mercaptan 1Zinc Oxide 5Chlorodan 0.5

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NAME OF MATERIAL MAXIMllM ALLOWARLE("ONCENTRATIO"l IN

MIU.I(;RAMS/M3

L.D.V.B.Zinc ChlorideAlidrinL.D.D.TDialidrinMethul BarthiumSuphuric AcidTetraethl leadTrichlornaphthalein vanadium (based onvanadium pentoxide)DustSmokeAndrinAmlathiumBarathiumWarfarin

TABLE NO.5

II

0.251

0.250.5

10.1

0.50.5

0.050.1

10.10.1

LEVELS AND CRITERIA OF ROCK DUST ALLOW ABLE INWORK ENVIRONMENTS

1. The Maximum allowable concentration of free silica dust (Silicon Dioxide)which is allowable in work environments in calculated according to thefollowing formula:

300

A. Estimate of maximum dust concentration impart per mili m. lIft3

% of free silica in sample

B. Maximum concentration of find dust size of which 5-01 micron estimated inmilligram per cubic metre of air

C. Maximum concentrati6n of all dust estimated in milligram per cubic meter ofair.

2. For the remainder of rock dust the maximum allowable concentration in workenvironment will be as follows

A.MATERIALMaximum allowableAsbestos dust whosetissue's length is notgreater than 5 micron

Dust of PortlandCementTalk dust

B.

C.

CONCENTRATIONconcentration2 Asbestos tissuesfor one cm3 of air

30 million partsper one ft3 of air20 million part 1 ft3of air

1~

D. 10 milligram m3 airStagnant dust thatcontains less than 1free silica and which doesnot lead to distance butwill create an unbearable

atmosphere during work

ARTICLE 3

The provisions of Article 97 of law No. 38 of 1964 on the Private SectorLabour shall be applied to any firm violating the provisions of this Resolution.

ARTICLE 4~ Resolution shall be put into application with effect from the date of its

publication In the Official Gazette.

UNDERSECRETARYMINISTRY OF SOCIAL AFFAIRS & LABOUR

ISSUED NO. 17th Muharnun 1400 H.Corresponding to 6th December 1979 A.D.

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MINISTERIAL RESOLUTION NO. 46 OF 1979 CONCERNINCTHE JURISDICA TlON OF THE SECONDED EMPLOYEEs

FROMTHE MINISTRY OF PUBLIC HEALTH FOR SUPERVISlNGTHE EXECUTION OF LABOUR LAWS AND REGULATIONS IN

THE FIELD OF VOCATIONAL HEALTHThe Minister of Social Affairs and Labour

C~n~ide~ng Law "!o. 38 of 1964 regarding work in the Private Sector; anMinisterial ~esolutlOn No. 30 of 1977 .regarding the Jurisdiction of emplo eedconcerned With. supervising the execution of Labour Laws and impleme~' sOrdinances and regulations; and n Ing

Pursuant to the leiter of the Department of Legislation and Legal Advice ".Frrl2l20 10/2545 dated 14.7.1974 covering the right of Labour inspectors to ent~~the work areas; and

Ministerial Resolution No. 42 of 1979 forming the permanent Committee foco~ordinating wo~k betwee~ the Mi.nistry of Social Affairs and Labour and th~Ministry of Public Health In the field of safety and vocational health and itspertinent recommendation; and

Ministerial Resolution No. 43/1979 concerning the conditions required inwork areas and localities for protection of labourers, equipments, installationsmovable materials against work dangers; health and vocational diseases; and'

Upon the representation made by the Undersecretary of Ministry;

HEREBY DECIDES:-

ARTICLE IA new Article with the No. 2 (Repeated) shall be added to the Ministerial

Resolution No. 30 of 1977 proclaiming the Jurisdiction of the employeesconcerned with supervising execution of labour laws and the implementingordinances and regulations of the following provisions:-

ARTICLE 2 (Repeated)Inspectors of the Department of Vocational Health and Industrial Pollution

Controllers of the Ministry of Public Health duly seconded by the Ministry ofPublic Health for supervising the execution of Labour Laws, and the Im-plementing Ordinances and regulations concerning the field of vocational healthshall have the following:-

A. The freedom to enter any firm, Labour area, subject to vocational healthinspection, at any time and without any prior notice.

B. To ascetain whether suitable protection means necessary for pr?tecting

labourers against health danger and vocational diseases, are satisfied.

C. Taking samples from used materials, movable materials, work environment, ~~industrial waste for analysis purposes with the information of the firm ownerhis representative.

110

• f the firm owners to supply all that i~ co~sidered necessary. by theo . rting labour danger and reducing Its affects and raising the

or for at~ef culture against vocational diseases in Industries and worksIof protec IV,

'ng to heallh.

. out studi~s on dangerous works and. industries and materials used inInd:s.ry to investigate causes for vocational diseases.

r 'nary and periodical medical analysis provided for under the~he J!re lre~enting the provisions of work legislations and carrying out

u,~sdlmp dicallLaboratory analysis to insure that the labourers are free__ wre me identif . h t accid t·~'ional diseases, and identi ymg t e extent 0 accr en .

ARTICLE 2. Resolution shall ~ p~blished in the Official Gazette and shall take effectbe date of its pubhcatlon.

MINISTER OF SOCIAL AFFAIRS AND LABOUR

Abdul Am Mahmood

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MINISTERIAL RESOLUTION NO. 49 OF 1981CONSISTING THE PERMANENT COMMITTEE FOR

COORDINA TlON OF WORK BETWEEN THEMINISTRY OF SO IAL AFFAIRS AND LABOUR, THE

MINISTRY OF PUBLIC HEALTH AND SHUAIBAINDUSTRIAL AREA AUTHORITY IN THE FIELD Of'

VOCATIONAL SAFETY HEALTH

The Minister of Social Affairs & Labour.

Having persucd Law No. JIl of 1%4 on the Private Sector Labour: and

Law No. 21l of 1901.) on Oil business Sector Labour: and

The Council of Ministers' Resolution duly passed in it.sSession No. 26 of 1977on increasing the coordination activity between .the Vocational Safety Bodyat theMinistry of Social Affairs & Labour and Vocational Health Body at the Ministryof Puhlic Health: and

The Ministerial Resolution No. 24 of 1975, constituting the preparatorycommittee for preventive measures against incidents:. and .

The minutes of the meeting held between the Ministry of Publtc Health andthe Ministry of Social Affairs & Labour for coordination of work between them IIIthe area of vocational safety & health: and

The Resolution No. 42 of 1979 duly forming the permanent Committee forcoordination of work between the Ministry of Social Affairs and Labour and theMinistry of Public Health in the field of Vocational Safety and Health; and

Pursuant to the requirement of the Public Interest: and

After the proposal made by the Undersecretary of the Ministry

HEREBY DECIDES:-

ARTICLE IA permanent Committee for coord!n~tion of wO.rk amo?g the Vocational

Safety & Health Bodies, at both the MIOlstr~ of. SOCIalAffa.1rS& Labour, theMinistry of Public Health and Shuaiba Industnal Area Authonty shall be formedin the following manner::-

1. The Assistant Undersecretary of the Ministry of Social Affairs and Labour forLabour Affairs. CHAIRMAN

2 Two members or more on behalf of each of the following:..:...-THE MINISTRY OF SOCIAL AFFAIRS & LABOUR_ THE MINISTRY OF PUBLIC HEALTH_ THE MINISTRY OF PUBLIC HEALTH SHU AlBA INDUSTRIAL AREA

AUTHORITY

Provided that one of the aforesaid representatives of every Authority shouldbe in the capacity of Assistant Undersecretary and the others are to be occupantsof senior grades.

112

ARTICLE 2The Committee provided for in the preceding Article shall be empowered

with the following;-

1. Preparing the work plan in the Area of Vocational Safety and Health inconformity with the provisions of Law No. 38 of 1964 in respect of the PrivateSector Labour and Law No. 28 of 1969 of Oil Sector Labour, and all theirimplementing Resolutions.

2. Approving the procedure of work plan implementation and the method ofinspection over the Oil and Industrial Sectors in accordance with the applicableresolutions and regulations duly organizing such work.

3. Preparing studies and research in the field of Vocational Safety & Health in thevarious Labour Sectors for presentation to the Preparatory Committee forpreventive measures against incidents.

4. Studying the Draft Resolutions relating to Vocational Safety and advising onthe same.

5. Analysing the Annual reports on Vocational Health Safety works with regard tothe Vocational Safety and Health bodies at the Ministries of Social Affairs &'Labour, Public Health and Shuaiba Area Authority.

6. Preparing the training programmes and studies required to be held, whether inKuwait or abroad in the field of Vacational Safety and Health for the purpose ofpromoting the Standard of Labour performance, and putting the same beforethe Competent Authorities.

7. Proposing the research required in the area of Vocational Safety and Health.

ARTICLE 3The Committee at the invitation of the Chairman shall hold a periodical

meeting at least once every month. The Committee may further seek theassistance of any specialist of technical expertise in respect of topics broughtbefore it.

ARTICLE 4The Committee shall submit the relevant minutes of its meetings to the

Minister of Social Affairs and Labour for approval. A copy of such minutes shallbe forward to the Ministry of Public Health and Shuaiba Area Authority.

ARTICLE 5The Undersecretary of the Ministry shall issue a resolution nominating the

Chairman and the members of the Committee. .

ARTICLE 6Resolution No. 42 of 1979 constituting the permanent committee for

coordination of work between the Ministry of Social Affairs & Labour and theMinistry of Public Health in the area of Vocational Safety and Health shall becancelled.

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ARTICLE 7This Resolution shall be published in the Official Gazettee and shall be

operative the date of its publication therein

MINISTER OF SOCIAL AFFAIRS & LABOURAbdul Azlz Mahmoud

lWe: 1st Rabi Awal, 1401 H.CCHlespoading to :: 7.1.1981 A.D.

114

MINISTERIAL RESOLUTION NO. 51 OF 1981 PERTAINING TOCOMMITTEE OF RECONCILIATION IN COLLECTIVELABOUR DISPUTE

The Minister of Social Affairs & Labour.

In view of Articles 88 and 89 of Law No. 31{of 1964. concerning employmentin the Private Sector; and

Ministerial resolution No. 14nO on reconciliation in Collective LabourDisputes; and

Pursuant to the representation made by the Undersecretary of the Ministry.

DOES HEREBY DECIDE:-

ARTICLE 1The Committee of reconciliation in Collective Labour Disputes shall be

constituted as follows:-

1. Assistant Undersecretary of theMinistry for Labour Affairs CHAIRMAN

2. Director of the Technical Officefor Labour Affairs MEMBER

3. Controller of Industrial relationsin the Technical Office for LabourAffairs MEMBER

4. The Employer or his representative(provided that the number willnot exceed three) MEMBER

5. One representative or more of theemployees or their trade union(such that the number will notexceed three)

6. Senior Legal Researcher in the Officeof the Undersecretary of the Ministry MEMBER & RAPPORTEUR

MEMBER

ARTICLE 2

The reconciliation Committee stipulated for in the preceding Article shallmeet at the invitation of its Chairman to consider Collective Labour Disputearising over the terms of service.

ARTICLE 3The reconciliation Committee shall follow the undermentioned procedure»

The claimant shall present, either in person or through his representative, apetition to the Chairman of the Committee duly written on the prepared form thecontaining the following:-

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Precise of the subject matter of the dispute.

Reasons for the failure of direct negotiationsDemands

Trade Union Board's agreement to put the dispute before the reconciliationCommittee

Majority consent of the employees in case the petition is made by non-unionists.

The Chairman of the Committee shall fix date for considering the dispute such thatthe said date shall not exceed three days commencing the date of the petition.

The Committee rapporteur shall invite the members to a meeting and theletter of invitation shall include a copy of the petition submitted by the claimant.

ARTICLE 4

The Committee shall discuss the subject matter of the dispute and worktowards resolving it. In this respect the Committee may:

1. Hear statements by parties to the dispute

2. Hear witnesses of both without being under oath.

3. Scrutinise pleas made by the two parties

4. Peruse the documents submitted by both

5. Solicit experts

6. Seek the opinion of employees or employers not party to the dispute.

ARTICLE SDuring the consideration of the dispute, the Ministry may express its

view-point regarding a possible settlement, suggest to both parties one formula ormore for an amicable settlement agreement. Such draft formula, put forward bythe Ministry, shall be part of the action papers. The rapporteur shall write down inthe verbal process of the sitting each parties views or objections regarding theMinistry's proposals.

ARTICLE 6

In case the Committee is able to resolve the entire dispute or part thereof, itshall write a precise of the agreement reached in three copies duly signed by all themembers. One copy shall be given to each of the two parties to the dispute and thethird shall be retained and entered into a special register. a, the Ministry. Theagreement shall be binding to both parties.

ARTICLE 7

Disputes not resolved amicably shall be referred within 15 days of the date oftheir submission, by the Chairman of t~e Committee to the Committee ofArbitration in Labour dispute together WIth a full report on the facts, reasons,circumvent situation, outcome of efforts and reasons blocking settlement of suchdispute in addition to the Ministry's stand on the subject matter of the dispute.

116

m•••••• ------------------

ARTICLE 8Resolution No. 14 of 1970 pertinent to reconciliation in Collective Labour

Dispute shall be nullified.

ARTICLE 9~s Resolution shall be published in the Official Gazette and shall be

effective the date of Its publication.

MINISTER OF SOCIAL AFFAIRS & LABOURHamad Eissa AI-Rujeib

Date: l4tb ~.b 1401 HCorrespoadiDg 10: 28th May 1981 A.D.

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MINISTERIAL RESOLUTION NO. 521198JAMENDING SOME PROVISIONS OF MINISTERIAL RESOLU-

TION NO. 51/81ON CONCILIATION IN COLLECTIVE LABOUR DISPUTES

The Minister of Social Affairs & Labour,Having perused Articles 88 and 89 of the Private Sector Labour Law No.

38/1964; andThe Ministerial Resolution No. 5111981, concerning the Collective Labour

Dispute Conciliation Committee; andPursuant to the proposal made by the Undersecretary of the Ministry,

HEREBY DECIDES:-ARTICLE I

Article "I" provision of the Ministerial Resolution No. 51 of 1981 shall besubsituted by the following provisions:- .

The Collective Labour Dispute Conciliation Committee shall be constitutedin the following manner::- . . . .1. Assistant Undersecretary for Labour Affairs or any Official delegated by him

CHAIRMAN

2. Director, Labour Affairs Technical Office DEPUTY CHAIRMAN

3. Director, Labour Office of the Governorate in whose jurisdiction lies the placeof work of dispute parties MEMBER

4. Industrial Relations Controller at Labour Affairs Technical Office MEMBER

5 The Employer or any person delegated by him (within a limit of three delegates). MEMBER

6. One or more representatives of Labourers, within a limit of three representa-tives MEMBER

7. One of the Labour Affairs Technical Office Legal Researchers REFEREN-DARY

The Committee meeting shall be legal if attended by the two parties of disputeor their representatives, besides the chairman.

ARTICLE 2

This Resolution shall be effective the date of its promulgation and shall bepublished in the Official Gazette.

ACTING MINISTER OF SOCIAL AFFAIRS & LABOURDr Yaqub Yousuf .AI-Ghuneim

Date: 15th Ramadan, 1401 A.H.Corresponding to: 16th July, 1981 A.D.

118

MINISTERIAL RESOLUTION NO. 54 OF 1982CONCERNING LABOURERS' WEEKLY REST

The Minister of Social Affairs & Labour

Having considered Article Nos. 35 & 98 of Law No. 38 of 1964 in respect ofthe Private Sector Labour; and

The. Cabinet Resolution dated 13.6.1961 ratifying the International LabourConvention No. 106157 in respect of weekly rest in business and offices; and

Pursuant to public interests; and

Upon the proposal made by the Undersecretary,

The following is hereby decided:-

ARTICLE IAn employer, in case of engaging a labourer during his weekly rest, shall

grant him an alternate day of rest during the next week in addition to any wage thelabourer is entitled to in accordance with the provisions of Article 35 of PrivateSector Labour Law No. 38 of 1964.

ARTICLE 2This Resolution shall be published in the Official Gazette and shall be

effective the date of its publication.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Hamed Eassa AI R~ftb

Date: 8th Rabi AI Aker, 1402 A.H.Corrapoodinl to: 2.2.1982

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MINISTERIAL RESOLUTION NO. 55 OF 1982CONCERNING PAID ANNUAL LEAVES

The Minister of Social Affairs & Labour

Having considered Articles 36. 37. 38 and 98 of Private Sector Labour LawNo. 38 of 1964; and

The Council of Ministers Resolution issued on 13.6.1961. duly ratifying theInternational Labour Convention No. 52136 covering paid annual leave; and

Pursuant to the public interest. and the representation made by theUndersecretary,

The following is hereby decided::-

ARTICLE 1The following days shall not be calculated with the paid annual leaves:-

a) Official holidays fall between the same.b) Days of suspension caused by sickness.

ARTICLE 2The annual leave salary shall be paid to any labourer prior to his/her

proceeding on leave. Moreover, the last salary paid up to the labourer before theeffective date of leave shall be taken into account when calculating any wagesand/or salaries of such annual leaves due.

ARTICLE 3In the event of terminating the labourer's services for any reasons, he/she

shall be entitled to cash payment in lieu of hislher accumulated leave balancewhatever the number of years of the relevant leaves due. Moreover, the cashpayment against the accumulated leaves shall be calculated on the basis of the lastsalary payable to the labourer on the date of terminating hislher services.

ARTICLE 4Every employer is required to. maintain and. keep a special register for

recording leaves therein, duly showing the followmg:-

1) Date of labourer's employment and the period of hislher due leave.

2) Date of labourer's paid annual leave

3) The amount of salary paid to the labourer for the period of leave.

ARTICLE 5

This Resolution shall be published in the Official Gazette, and shall beeffective the date of its publication.

MINISTER OF SOCIAL AFFAIRS & LABOURHamad Eisa AI Rajeeb

Dale: 8th ILlb; Thani, 1401 A.H.Correspooding to : 1.1.1981

121)

MINISTRY OF SOCIAL AFFAIRS & LABOURMINISTERIAL RESOLUTION NO. 56 OF 1982

ON PROTECTION AGAINST MACHINERY RISKSThe Minister of Social I ffairs & Labour

Having perused Artie les 40, 41 97 and 98 of the Private Sector Labour LawNo. 38 of 1964; and

Oil Sector Labour Law No. 28 of 1969; and

Law No. 40 of 1964 ratifying the International Labour Convention No. 119 of1963, covering protection against machinery risks; and

Ministerial Resolution No. 43 of 1979 on the precautionary measures andconditions required to be satisfied at work sites and areas for protection oflabourers, machinery installations and handled materials against work potentialdanger, hazards to health and occupational diseases; and

Acting on the public interest needs;; and

After the representation made by the Undersecretary of the Ministry,

The following is hereby resolved.-

ARTICLE 1The stipulations of this resolution shall be applicable to the businessmen

whose works are operated by machinery, whatsoever the type of business activitythey carryon.

ARTICLE 2In applying the provisions of this Law, machinery means any machine

mechanically operated, other than being manually operated by labour force,whether new or used, and whatever type of business activity is.

ARTICLE 3Sale, rental and/or use of road vehicles and mobile agricultural machinery,

dangerous parts of which are not equipped with adequate protection means shallbe prohibited.

ARTICLE 4All bolts, nuts, switches and protruding parts in the mobile sections of

machinery shall be designed in such a hidden way so as to prevent any hazards topersons who may touch such machinary while in operation.

ARTICLE 5All flywheels, switchgear, level and/or cylinderical equipment designed for

propulsion and motion by friction i.e., camshafts, axles, drums, belts, chains,tooth & hetical gears, crankshats. sliding rod-parts, all axis and their edges as wellas all other devices of transmission mechamsm are to be designed in such a way soas to prevent any potential danger to person .who may touch the same while inOperation. Moreover, the employer shall provide adequate means of-control andmeasures in order to prevent the occurance of such danger.

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ARTICLE 6Moving, exhibiting, commissioning and/or demonstration of the machinery

referred to. in the two preceding articles shall be prohibited if dangerous parts ofsuc~ machinery are not. appropriately equipped with the necessary protectiondevices, unless the exhibition/or demonstration is made for the purpose ofexplaining the precautions required to be met for the protection of labourers fromthe potential danger of the same.

ARTICLE 7Cleaning and/or lubrication of any machine and/or equipment is prohibited

during its operation, unless such machine is equipped with spontaneous devices, toprevent labour incidents.

ARTICLE 8Every employer shall keep his labourers well informed of the regulations

concerning their protection against the potential danger of machinery, and theprecautionary measures to be taken when using the same. Moveover, he shalladvise them of all measures to be observed for their protection thereform, andshall not ask any labourer to use or operate any machine unless it is adequatelyequipped with the necessary protection devices.

ARTICLE 9No labourer is required to operate or use any machine not properly equipped

with the necessary protection means nor he shall hinder stop or switch off theprotection device of any machine he uses.

ARTICLE 10This resolution shall be published in the Official Gazette and shall be

operative the date of its publication.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Hamad Eisa AI Rejeeb

Date : 9th •• bl Akber, 1401 A.H.,Corresponding to: 1.1.1981

122

MINiSTERIAL RESOLUTION NO. 57 01- 1982 ON PROTEC-TION AGAINST THE POTENTIAL DANGER 01- SANZOLTOXICATION

The Minister of Social Affairs and Labour.

Having perused Articles 41,42,43 and I)X of the Private Sector Labour Law No. 3Mof 1~64, and

The Decree promulgated on ) I. 10.1972, ratifying the Inte~national LabourConvention No. 136 of 1971 on the protection against the potential f1sksof benzolroxication; and

Pursuant to the requirements of Public interest: and

After the representation made by the Undersecretary of the Ministry,

HEREBY ORDERS:-ARTICLE 1

The provisions of this resolution shall be applicahle to all labour fields and scopesof work where labourers are exposed to the following chemical materials:-

a) Benzol-hydro-carbon (H 6 C 6), which shall be referred to hereof as "Benzol.'

b) Any products containing benzol exceeding 1% of the relevant volume ofproduct.

ARTICLE 2Whenever non-dangerous substitutes or substitutes of less danger than benzol orany products containing benzol are available, then such substitutes shall be used.save the following:-

a) Production of benzolb) Use of benzol in chemical composrtionc) Use of bl azol as vehicle engine fueld) Use of benzol for analysis and/or research works performed within and/or

laboratories.

ARTICLE 3The use of benzol and all substances containing benzol as solvant and/orthinner is prohibited, unless it is made within closed means or in a quite savemanner.

ARTICLE 4

Technical and vocational Health measures must be taken for adequate andeffective protection of Labourers expo~d to benzol or to any materialcontaining benzol, particularly the followmg:-

a) To take all necessary precautiQnary measures within the plant-installationsprocessing or using such materials, in order to protect in work environmentfrom the leakage of any benzol fume ..

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b) The work environment and/or atmosphere shall be periodically aerometred toensure their conformity with the safety standard specified in the Ministry ofPublic Health Resolution No. 45 of 1979.

c) The processing operations must be made indoor within closed means and/ormedia whenever possible.

d) Any labourer whose epidemics is likely to touch benzol shall be provided withsuitable means of protection in order to prevent its leakage through and/orabsorption by this tegument. i.e. skin.

e) Labourers who are likely to be exposed to inhaling and/or breathing in a highrate of concentrated benzol shall he provided hy suitable. personal means .ofprotection.

ARTICLE 5Any employer employing labourers in operations entailing exposure to benzol orto any such products containing benzol is required to carry out the following for hislabourers at his own expense in any of the accredited hospitals>

a) A precise medical examination before joining the service. to ensure that theyare medically fit. The said examination shall include blood test.

b) A second medical examination to be performed after a three month period fromthe date of joining the service. provided that a blood test is included.

c) A periodical medical examination. including the blood test. and other biologicalcheck up shall be regularly made once every six months.

The former medical examination which was performed prior to commencement ofemployment: together with such periodical check up and tests shall all beapproved by the Department of Vocational Health & Environment Protection.

ARTICLE 6The employer shall maintain a special register. showing the abstract of all resultsof the medical examinations conducted in respect of his labourers. duly based onthe facts stated in the relevant medical cards. The employers shall present thisregister to the inspectors concerned whenever he is requested to do so.

ARTICLE 7Employment of women and/or Juvenile in industries where labourers are exposedto benzol or to any such products containing benzol is prohibited.

ARTICLE 8The term benzol shall be written in Arabic as well as in such other foreignlanguage, in addition to the prohibition symbols already in use, to be shown onevery container and/or products containing benzol.

ARTICLE 9

Every employer shall provide his labourers with suitable means of protection,besides instructing them on how to observe the health preventive procedure andall accidents precautionary measures. The employer shall immediately refer to the

12A

Medical Officer concerned i.e. the competent physician any labourer affected inthe event of observmg such signs of toxication.

ARTICLE 10The employer shall implement the directions and instructions issued by theco~petent inspectors, and shall order the suspension of the work immediately ifhe IS requested to do so.

ARTICLE IIThis res~lution shall be published in the Official Gazette, and shall be effective thedate of Its publication.

.MlNISTER OF SOCIAL AFFAIRS & LABOUR

HAMAD ESSA AL-RAJEEB

Date: 19th Jamad AI-Awal, 1402 H;Correspooding to: 15th March, 1982 A.D.

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MINISTERIAL RESOLUTION NO. S8 OF 1982, CONSTITUTINGA COMMITTEE TO STUDY THE DRAFf-LAW OF PRIVATESECTOR LABOUR LAWThe Minister of Social Affairs & Labour,

Having perused the Civil Service Law No. IS of 1979; and

The Decree promulgated in respect of the Civil Service System; and

The Ministerial Resolution No. 48 of 1980 concerning the constitution of acommittee for the purpose of amending the Private Sector Labour Law; and

Pursuant to the letter of Kuwait Chamber of Commerce & Industry No. 1229/82,nominating its representative in the aforesaid committee; and

Pursuant to the letters of Kuwait General Trade Union Federation Nos. 1013 and104812, nominating its representative in the aforesaid committee; and

Upon the proposal made by the Undersecretary of the Ministry,

HEREBY DECIDES:-

ARTICLE t

A committee shall be formed of the following officials to study the draft of thePrivate Sector Labour Law already prepared by the Ministry:-

Mr. Issa Yassim Undersecretary of the Ministry, Chair-manAsst. Undersecretary for LabourAffairs, Deputy ChairmanDirector, Labour Dept. of Hawalli Gov-ernment MemberThe Legal Advisor of the Ministry,MemberThe Legal Researcher and First Re-ferendary (reporter) of the Committee,Member

Mr. Ali Mohamed Thuniyan AI-GhanimFrom Chamber of Commerce & Indus-try; MemberFrom Chamber of Commerce & Indus-try: MemberFrom Kuwait General Trade Union Fed-eration, MemberFrom Kuwait General Trade Union Fed-eration. Member

Mr. Mohamad ShabnanAI-Thamir

. Mr. Yousuf Jassim Idris

Mr. Mohamed Wafa AI-Sadr

Mr. Mohd Sulaiman Ali

Mr. Ogail Ahmad AI-Jasim

Mr. Ali AI-Kandari

Mr. Abdullah Al-Saad,

ARTICLE 2

The committee shall hold its first meeting under an invitation extended by itschairman, and the next meetings dates shall be fixed at the end of each meetingheld.

ARTICLE 3

The committee shall submit to us a comparative study between the draft-law

126

prepa.red by the M~nistry and its tmdings concluded as a rexul! of such meetings.covenng each article seperately. within a maximum period not later than30.9.1982.

ARTICLE 4This resolution shall be operative the date of its promulgation. and theUn~ersecretary of the Ministry shall implement its stipulated provisions andadvise all concerned accordingly.

MINISTER 010' SOCIAL AFFAIRS & LABOUR

HAMAD ESSA AL-RAJEEB

Date: 17th Jumad AI Akher, 1402 H.Corresponding to : 11/4/1982

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MINISTERIAL RESOLUTION NO. S9 OF 1982, ADDING A NEWARTICLE TO THE MINISTERIAL RESOLUTION NO. 42 OF1979 REGARDING THE PRECAUTIONARY MEASURES RE·QUIRED TO BE SATISIFIED AT THE PLACES .\ND LOCA·TIONS OF WORKS FOR PROTECTION OF LABOURERSAGAINST THE DANGER OF WORK HAZARDS AND OCCUPA·TIONAL DISEASES.

The Minister of Social Affairs & Labour,Having perused the Private Sector Labour Law No. 38 of 1964, and

Oil Sector Labour Law No. 28 of 1969; and

The Ministerial Resolution No. 30 of 1977 concerning the jurisdiction andpowers of the competent officials, duly authorized to implement the Labour Lawand its executive rules and regulations with the area of occupational safety; and

The Ministerial Resolution No. 43 of 1979, stipulating the precautionarymeasures and conditions required to be satisfied at the locations and places ofwork for the purpose of protecting the labourers against the potential danger ofwork hazards and occupational diseases; and

The Ministerial Resolution No. 56 on protection against machinery hazards;and .

Pursuant to the requirements of public interest, and

After the representation made by the Undersecretary of the Ministry,

HEREBY DECIDES:·

ARTICLE 1

A new Article shall be added to the Resolution No. 43 of 1979 referred tohereof, in chapter of the same, under the title "General Provisions," reference No."29" repeated, in the following manner "The competent employees who areconcerned with the implementation of labour law and their e~ecutive rul~s andregulations, with in the area of occupational safety are required to notify theconcerned parties and/or authorites and advi~e them to stoP. the work completelyor partially and/or to suspend any operational process to the event ?f anyimminent hazard affecting the health and/or safety of the labourers until suchprotective measi res are taken against the existence of such hazard."

ARTICLE 2This Resolution shall be published in the Official Gazette, and shall be

effective the date of its publication.

MINSTER OF SOCIAL AFFAIRS & LABOUR

Hamad Eissa AI-R~eeb

Date: 24th ~ab, 1402 HCorresponding to: 17th May, 1982

128

RESOLUTION NO. 60/82 OF 1982 ON ISSUE OF LABOUR IDENTITYCARDS FOR NON·KUW AITI LABOURERS

The Minister of Social Affairs & Labour

Having perused the Private Sector Labour Law No. 38 of 1964; and

The Ministerial Resolutions Nos. 12 and 13 of 1969 concerning the fee ofreproduction and/or renewal of labour identity card for non-Kuwaiti labourers;and

Due to the commencement of the new system of labour identity card dulyapplied; and

Pursuant to the public interest; and

Upon the proposal of the Undersecretary of the Ministry,

HEREBY DECIDES:-ARTICLE 1

The competent labour departments shall start the issue of labour identitycards for non-Kuwaiti labourers in accordance with the new system, with effectfrom the date of applying this resolution.

ARTICLE 2The numbering of the new labour identity cards shall start with number one

(1) for each department seperately.

ARTICLE 3The labour departments shall keep the identity cards application forms

consecutively for a period of two years according to the relevant serial numbers,with the stamp duty properly fixed thereon and stamped by the concerneddepartment.

ARTICLE 4·

The labour identity cards for non-Kuwaiti labourers shall be renewed everyyear against handing over the old card and issue of a new one as replacement.

ARTICLE 5

A fee of KD V- (Kuwaiti Dinars two only) shall be paid for issue or renewal ofeach labour identity card.

ARTICLE 6A fee of KD V- (Kuwaiti Dinars two only) is imposed for the issue of a

replacement for any lost or damaged labour identity card. Moreover, in the eventof a lost identity card, the Police Station in the residential area where the card waslost shall be notified accordingly, besides securing a paper from the same dulyconforming this fact.

ARTICLE 7The two Ministerial Resolutions Nos. 12 & 13/69 concerning the fees for

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reproduction and renewal of labour identity cards for non-Kuwaiti labourers arehereby repealed.

ARTICLE 8This resolution shall be effective the date of its promulgation. and shall be

published in the Official Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOURHAMAD EISSA AL·RAjEEB

Date: 220d Ramadan 1402 H,Cornsponding to: 13th July, 1982

130

MINISTERIAL RESOLUTION NO. 61 OF 1982 IMPOSINGGENERAL FEES ON WORK PERMITS AND UNDERTAKINGDECLARATIONS FORMS

The Minister of Social Affairs & Labour

Having perused Law No. 38 of 1964, on Private Sector Labour Law; and

The Council of Minsters Resolution, passed in its Session No. 5182, held on21.1.1982, duly imposing general fees on the Private Sector Work Permits andUn~ertaking declaration forms; and

The Minister of Finance's Resolution No. 47 of 1977, concerning theapplication of stamp-duty system on "revenues,"; and

Pursuant to the requirements of public interest; and

After the representation made by the Undersecretary of the Ministry,

HEREBY DECIDES:-

ARTICLE 1General fees shall be imposed on the Private Sector Work Permits,

declarations and undertaking forms in the following manner:-

1)2)3)4)5)6)

7)8)

9)

KD 51-KD 2/.KD 3/-

KD 11- (for each year)KD 51- (for each year)

KD 2/. (for each year)KD 11-

KD 0.1500 FilsKD 01500 Fils

Employer's registration feeWork Entry Permit FeeWork Permit Renewal FeeDeclaration &: Undertaking FeeEmployer's Work Permit FeeA permit fee for a simple vocation(Trade) practiceCancellation and Transfer FeeFinal Cancellation Fee for thepurpose of travellingnata Amendment Fee

ARTICLE 1A cancellation fee amounting to KD 1/. shall be imposed on each permit,

form or a declaration the employer requests its cancellation after it has beenissued. Moreover, a fee of KD 1/· shaU be imposed on the reproduction of eachreplacement of a lost or damaged one.

ARTICLE 3The aforesaid revenue-fee shall be collected in accordance with the financial

stamps system of "revenues" as specified in the resolution of the Minister ofF'lDanc:e No. 47 of 1977, referred to hereof. Such stamps are only obtainable fromthe ~try of Social Affairs and Labour Departments concerned, and not fromany other IOW'CIeof authority.

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ARTICLE 4Those who are subject to the provisions of Article "1", "2" and "3" of this

order shall submit, with the documents required for renewal of the relevant"Declaration and Undertaking," the Labour-Identity-Card issued to them by theconcerned Labour Department. Moreover, in the event of terminating the Labourrelation between the Labourer and Employer for any reason whatsoever, thepertinent Labour Identity Card shall be returned to the Issuing-Labour-Department.

ARTICLE 5The Labour-Identity-Card shall be issued with effect from the date of

stamping the relevant Residence Permit for a period of one year and shall berenewable for a similar period, provided that its validity shall never exceed theperiod of permitted residence of the labourer whatsoever.

ARTICLE 6The fees determined in accordance with the Ministerial Order No. 60 of 1982

shall be collected for the years where the labourer failed to apply for aLabour-Identity-Card, if he has not already obtained a Labour-Identity-Card forthe period of residence permitted prior to the date of his relevant application. Thefees collectable for the said previous period shall be made by means of stampsaffixed on the Pertinent Labour-Identity-Card application, against a receiptdelivered to the applicant concerned covering the fees paid.

ARTICLE 7The dates of Labour Identity Cards submitted by the concerned applicants

upon expiry of their renewal shall be adjusted in conformity with the rulesdetermined under this order.

ARTICLE 8The Ministerial Order No. 50 of 1981 concerning Labour-Identity-Cards for

Non-Kuwaiti Labourers shall be repealed.

ARTICLE 9This Order shall be published in the Official Gazette, and shall be operative

the date of its publication.

MINISTER OF SOCIAL AFFAIRS&: LABOUR

IIaauId Eia AI RaJeeb

Date: 1M M•••••.••• , 1_ H.COddp_" to:: 19.10.1982

134

MINISTERIAL RESOLUTION NO. 65 OF 1983, APPOINTINGTHE COMPETENT EMPLOYEES CONCERNED WITH CON-TROLLING THE LABOUR LAWS ENFORCEMENT ANDTHEIR IMPLEMENTING RESOLUTIONS AND ORDINANCES

The Minister: of Social Affairs & Labour,

Having perused the Private Sector Labour Law No. 38 of 1964; and

The Law No. 28 of 1969 governing labour in oil sector; and

!be Ministerial Resolution No. 3On7 on jurisdiction and powers of theO~ClalS concerne~ With controlling the implementation of iabour laws, togetherWIth their executive orders. rules and regulations; and

~e Ministrial Resolution No. 46 of 1979, on competence and powers of theOfficial delegated by the Ministry of Public Health to control labour laws and theirimplementing decisions and regulations, within the area of vocational Health; and.

The Ministerial Resolutions Nos. 31, 33n7. 36178 41n9 44n9 47n9 and63/82, designating the ?fficial concerned with supervisi~g the implem'entation oflabour laws together With their excutive Resolutions and rules within the field ofvocational health; and

The. Resolution .~o. l~ of 1~9, co~cern.ing replanning and reorganization ofthe ~rustry Administration Units, besides Identifying their relevant powers andfunctions; and

Pursuant to the requirements of public interest; and

Upon the representation made by the Undersecretary of the Ministry,

HEREBY DECIDFS:-

ARTICLE 1Occupants of permenant offices at the Ministry of Social Affairs & Labour

s~all be empowered with the au"horit~ of inspection to supervise the implements-bon of labour la~, together WIth their e~ecutlve resolutions and rules regardingthe labour conditions, care and occupational safety, namely the following:-

a) Labour departments directors at pertinent governorates.

b) Controllers of manpower protection

c) Heads and inspectors of Inspection sections.

d) Heads and inspectors of labour care sections.

e) Heads, engineers and inspectors of occupational safety sections.

f) Heads of inspectors of labour offices.

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ARTICLE 2

Inspection authority shall be rested in the occupants of per.manent o~ces atthe Environment Protection Department of the Ministry of Public J:lealth m o~derto control the implementation of the labour laws and their executive resolutionsand rules regarding the occupational health, namely:

a) Director and deputy director of Environment Protection Department.

b) Active controllers of Environment Protection Department.

c) Heads of Technical Sections working at the Environment Protection Depart-ment.

d) Physicians, Chemists and Engineers who are in. the se~i~e of EnvironmentProtection Department and Al-Shuaiba Industnal Medicine Center.

ARTICLE 3The designation of "Labour Force Protection Department" speci~ed in

Articles 1 4 and 5 of the Ministerial Resolution No. 30 of 1977. concermng thepowers ot' competent officials, supervising the implementation of the labour lawsand their executive resolutions and rules shall be amended to read "the concernedlabour departments."

ARTICLE 4

The Ministerial Resolution Nos. 31n7, 33n7, 26f78, 41n9, 44n9, 47n9 and63/82 in this respect shall be repealed.

ARTICLE 5

This Resolution shall be operative the date of its promulgation and shall bepublished in the Official Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Hamad Eissa AI-Rajeeb

Oak: 16th Rabie AI-Akbar, 1402 n,CorrespoadiDg to: 30.1.1983

136

MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 66 OF 1983 ON THE TABLEIDENTIFYING THE PERCENTAGE OF DISABILITY IN CASESOF LABOUR ACCIDENTS AND OCCUPATIONAL DISEASES

The Minister of Social Affairs & Labour

Having perused the Private Sector Labour Law No. 38 of 1964; and

Ministerial Resolution No.8 of 1965 concerning the Table Identifying thePercentage of Disability in cases of labour accidents and occupational diseases;and

The Table of Disability percentage duly proposed by the Ministry of PublicHealth; and

Acting on the public interest,

HEREBY ORDERS THE FOLLOWING:-

ARTICLE I

The percentage specified in the Table accompanying this Resolution shall bedeemed to be the percentage of permanent disability in the event of labouraccidents and occupational diseases.

ARTICLE 1

The compensation that the labourer is entitled to in the event of death shall bea full pay for one thousand five hundred (1500) days, or the amount of legal bloodmoney whichever is greater, duly increased to a two-thousand day-full pay (200) orthe equivalent value of the whole one and one third of the said blood-money in theevent of total permanent disability.

ARTICLE 3The foUowing rules shall be applied for the assessment of permanent disability

perceDtage:-

a) The percentage shau be deemed to be assessed on the basis of the failure degreeof the entire bodily efficiency i.e. of 100%, and not in relation to the value ofonly one single organ, provided that the disability is permanent, but no furtherdevelopments or complications are expected.

b) In the event of injuring the upper limb, wbere the person is left banded, thepercentage determined for the right limb sball be assessed for the left limb.

c) The loss of organ's fuoction or any decrease in its function shall be considered asa loss of the organ itself or a part thereof.

d) In the event of an injury causing several disabilities, the disability shall beconsidered on the basis of calculating the grand total of disability degrees of thevarious body organs, provided such total of disability degree shall not exceed100%.

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e) In the ~vent of injury of a single eye, the degree of disability shall be assessedaccording to the perc:entage of loss of sight of such eye, duly based on the factthat the complete SIght of the said eye is 100%.

f) Where ~he injury affects both ey~s, the degree of disability shall be assessed onthe baSIS of half of the total sight of each eye, i.e. 50% for each.

g) In case of injuring an organ with a previously established permanent disability,i.e. before the existing injury or the occupational disease case, the percentageof the disability of the new injury shall be assessed in relation to such organefficiency remaining after the old injury.

However, in case the old disability was not previously established, theorgan shall be considered completely sound, and the normal percentage shall beassessed without prejudice to the provisions of Article 68 of this law.

ARTICLE 4The rates of percentage specified in the accompanying table are assessed for a

labourer in general which may be observed. However, in the event of certain casesas far as the labourer profession is concerned the said percentage may beincreased, provided that a physician shall give in detail the reasons andjustifications for such increase.

ARTICLE S

The Ministerial Resolution No.8 of 1965 shall be repealed.

ARTICLE 6This Resolution shall be enforced the date of its publication in the Official

Gazette, and shall be applicable to all industrial accidents and occupationaldiseases occur with effect from the date of its operation.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Hamad Eisa AI Rajeeb

Date: llDd Rabie AI Tbani, 1403 A.H.CornspnDdlng to: S.2.1983 A.D.

138

TABLE OF PERCENTAGE OF PERMANENTDISABILITY IN CASES OF LABOUR

ACCIDENTS AND OCCUPATIONAL DISEASES

Right Left

UPPER LIMBTHUMB

Loss of Thumb frommetacarpophalangeal joint 25%

Loss of Phalangette(Terminal Phalunx) 12%

Loss of one and ahalf phalanx 15%

Loss of half of theterminal phalanx 6%

FOREIGNER

Loss of the three phalanges

Loss of the middle & terminalphalanges and half of thefirst phalanx

Loss of the middle &terminal phalanges

Loss of tbe terminal andhalf of the middlephalanxes

Loss of the terminal phalanx

Partial loss of the terminalphalanx

MIDDLE FINGER

15%

13%

10%

8%

5%

2%

Loss of the threephalanges

Loss of the middle andterminal pbalanges and ofbalf of the first phalanx

Loss of the middle andterminal phalanges

12%

8%

7%

139

2t1%

12%

4')10

12%

11%

8%

6%

4%

1%

10%

7%

6%

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Right LeftLeftRight

LOSS OF ALL .'.NGERS Ankylosis of inter-phalangeal and meta-Loss of all fingers carpophalangeal joint 15% 415 of rightexcept the metacarpus and (thumb in partial flexion)

handWrist-joint (carpus)62% 51%

Ankylosis of inter-'motile'

phalangeal and meta-Loss of all fingers except carpophalangeal jointsthe. metacarpus and wrist~65% 53% (thumb in full extension) IIl% -do-joint (non-motile ankylosis)

Ankylosis between thethumb carpometacarpal joint

WSS OF HAND OR ITS USE and the wrist 15% -do-Loss of all hand

INDEX FINGERincluding wrist-joint 65% 60%

Ankylosis of the secondLoss of function of hand interphalangeal joint 2% -do-as a result of all fingers

Ankylosis of the firstbeing in a state of60%extension 65% interphalangeal joint 6% -do-

Loss of function of hand Ankylosis of the meta-as a result of all fingers carpophalangeal joint R% -do-being in a state of

60% 50% Ankylosis of the firstpartial flexionand second interpha-langeal joints (in a

Partial loss of function of the state of extensions) 9% -do-five fingers with a smallAnkylosis of first andpercentage of t~~mb with rest

45%55% second interphalangealof fingers remammgjoints (in a state offlexion) 12% -do-UPPER LIMB JOINT ANKYLOSISAnkylosis of first and

THUMB second interphalangealand metacarpophalangeal

Ankylosis of interpha- joints (in extension) 15% -do-8% 415 of rightlangeal joint (in fullhand Ankylosis of first andextension)

second interphalangeal andAnkylosis of inter-metacarpopalangeal jointsphalangeal joint (in full

10% -do- (in full flexion) 17% -do-flexion)

MIDDLE JilNGERAnkylosis of inter-phalangeal joint

8% -do- :"nkylosis of second(half flexion)Interphalangeal joint(flexion or extension) 2% 415 of RightAnkylosis of metacarpo-

10% -do-phalangeal joint

Hand142 143

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I~nRi~hl I~nRi~hl

Amputation of u; ler limb LOWER LIMB (CONT'D)80% 75%from shoulder

Loss of foot50%Amputation of both

100% Loss of leg from belowupper limbsknee joint

60%Recurrent dislocation15% 10% Loss of lower limb upof shoulder joint

to upper third of thigh 67%Complete loss of prona-Loss of lower limb belowtion and supination of

15-20% 10-15% hip joint 75%forearm

Partial ankylosis of the Loss of lower limb from hip5-15% 5-10% joint 80%wrist

Ankylosis of elbow Ankylosis of great toe in40% 30% a position resulting inat 3<r anglehindering the walking

Total ankylosis of the movement 10%wrist at a suitable20% 15% Ankylosis of all toes in astate

good position 15%Ankylosis of elbow25% 20% Fracture compoundat 90" angle

foot flattering 15%Elbow of movement limited20% 15%to degree between 80 & 90

Ankylosis of foot ankle 20-25%Hindering of kneePartial ankylosis of15-20% 10-15% movement

15-35%shoulder joint

Hindering of ankleTotal ankylosis of25-30% 20-25% joint

15-35%shoulder joint

WWER LIMBHEADLoss of a single

7% 2%Loss of scalp

phalanx of great toe5-15%15% 8%

Loss of bone involving outer 10-40%

Loss of Great toeLoss of any toe other

2% and inner table area(according to area)than the great toe

Cerebral haemorrhagia (Hemiplegia)Loss of great toe and20% 12% complicated by incurablethe adjacent two toes

bemiparalysis 100%Loss of all toes except

15% 12% [ncomplete hemiparalysis withthe great toeapbasin

100%25% 20%

~complete hemiparaJysis of 20-60%Loss of alJ foot toes

nght side(according to degree ofAmputation of half of the

35% paralysis)foot

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lA'f'I

Incomplete hemiparalysis ofthe left 'ide

15-40%(according to degree ofparalysis)

Complete hemiplegia accompaniedby muscular spasm

70-100%(according to oegree ofparalysis)

Partial paralysis of lower limb 20-40%

Complete paralysis of fight upperlimb 70%

Complete paralysis of left upperlimb 60%

Partial paralysis of right upperlimb 20-50%

Partial paralysis of left upperlimb 15-30%

Lower limbs paraplegia(paraplegic) 100%

Incomplete limb paraplegia, withability to walk by assistance 30-70%

Limb paraplegia with inabilityto walk on crutches or stick 70%

VERTEBRAL COLUMN

Deformity of vertebral column withlimitation of movement or pain 15-20%

Fracture of pelvis resulting indeviation of its axis and short-ening of one of the lower limbs

Fracture of pelvis resulting inpain and in difficulty to walk

20-50%

10-20%

FACE

Paralysis of the fifth nerve .accompanied by loss of sensationin half of the face & cornea 10-30%

148

Left

Paralysis of facial nerve withinability to close both eye-lids

Paralysis of the third nerve 10-30%

10-30%

Paralysis of the sixth nerve 10-30%

EYES

Loss of vision of both eyes

Loss of vision of a single eye(i.e. if the other eye was previ-ously lost)

100%

100%

Loss of one eye vision 35-40%

Loss of vision of one eye and itsshrinkage or enucleation, withoutpossibility of fixing on artificaleye therein 40-45%

DIMINUTION OF THE VISUAL ACUITY IN ONE EYE

• Visual acuity 6196/1261186/24613661605/604/603/6021601160 and less

Unilateral incurable chroniclachrymal fistualBilateral incurable chroniclachrymal fistulaLens or cornea opacities notaffecting the visual acuity

NOSE

Fracture of the nasal-boneaccompanied by narrowing of airway

Los~ of nose accompanied by narrowingof airway through nostrils

Parti'll loss of nose without narrowingof ailw~~. (nostrils)

149

3% •5%

1()%14%24%28%30%32%33%34%35%

5-10%

10-20%

3-10%

15%

20-25%

10-20%

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Loss of nose-tip (Nose-Apex)

Narrowing of nose without loss (incurable)

Total paralysis of olfactory nerves

10%

5-25%

EARS

Loss of deformity of pinna(auricle)without injury to the external

auditory mentus:

One ear

Two ears

Loss of pinna accompanied by narrowing ofthe external auditory meatus. Thepreceding percentage shall be increasedby the percentage of disability arisingfrom the reduction in hearing.

WEAKNESS OF AUDITUS

Weakness of auditus shall be estimated as follows:-1. Auditus shall be considered sound if the weakness of hearing in either ear does

not exceed 15 decibels.

2. The loss of hearing ratio for either ear shall be calculated at therate of Ilh% against the loss of one single decibel of the auditus, for any rate

over 15 decibels.3. The weakness of auditus shall be estimated in relation to the power of hearing

the visible frequencies of 500,000, 2000 and 3000 cycles per second, dulytransmittable in the air.

4. The rate of loss of hearing shall be 10% if the average of the weakness of bothears auditus reaches 85 decibels. Moreover, the rate of disability resulting fromsuch a case shall be 60% of the entire physical power of the body.

5. The percentage of disability resulting from the weakness of the auditus shall beestimated by the actual difference between the rates of audit us before and afterthe injury if there is a record showing such a percentage. In the event of norecord, the auditus is deemed to be 100% sound, according to the age of theinjured labourer, where a half decibel shall be added for each year over 40.

6. Without prejudice to the provisions of Clause 4 hereof, the rate of disabilityresulting from the injury of one single ear shall be estimated by considering itsauditus (hearing power) 100% sound according to the age of the injuredlabourer, in relation to the entire auditus. In the. event of both ears injury thedifferent rates of hearing weakness shall be observed according to thefollowing formula:

Percentage of loss of hearing by both ears.

The percentage of loss of hearing in the more auditive & sharp ear X 5 + thepercentage of loss in the weaker ear.

Moreover, in all events, it should be assured that the case is completelyestablished and determined.

ISO

5%

5%

lO"Io

LARYNX

Injury of larynx resulting in Laryngectomy

SUPERIOR MAXILLA70%

Defo~ity or loss, with inabilityto masticate

40-50%Deformity or loss, with masticationrather possible

Loss of palate

Loss of palate, connected with nasalfossa and accompanied by facial deformity

Loss o~ superior maxilla and facialdefo~mlty (according to condition ofsoft tissues)

10-20%

10-30%

30-50%

80-90%INTERIOR MAXILLA (MANDIBLE)

Where mastication is impossible

Mastication rather possible

Irreducible dislocation of mandibularjoint

40-60%

5-10%

Narrow!ng of mouth as a result ofankylosis of the jaws

Co"!plete loss of mandible inferiormaxilla accompanied by facial defor-mity

20- 30%

20%

TEETH

Loss of upto three teeth

Loss. ~~ half of the teeth withPOSSlblhty of fixing an artificialdenture

80-90%

1-5%

Loss. ~~ half of the teeth withoutPOSSlblhty to put an artificialdenture therein

10%

25%Loss of all teeth with possibilityto fix an artificial denture

Loss of all teeth without possibilityto be replaced by an 'artificial denture

IIbNIA

Provided it is established that the hernia .IS occurred as a result of injury

15%

40- 50 %

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Inguinal hernia 1-2%

Femoral hernia 1- 3%

Double inguinal hernia 2-3%

Umbilical hernia 1-3%

Hernia as a result of incisionalhealing 2-3%

LIVER

Gall bladder or traumatic nervepurulent listula 15 - 36%

SPLEEN

Removal of a healthy spleen(splenectomy)

KIDNEYS

20%

Unilateral nephrectomy, with the otherkidney being healthy

Unilateral inephrectomy with the otherkidney being sick

15%

50-75%

Traumatic urinary ornephrotic fistula 20%

Traumatic Urethrospasm(Traumatic Urethral Structure) 5 -10%

URINARY BLADDER (UROCYST)

Traumatic pubovesical or perinealurinary fistual

Vesical intestinal fistula 40-50%

Urocystic anal fistual 50-60%,

Incontinence of urine(Urine incontinentia) 30- 50%

Traumatic Urethrostenosis 10- 20%

ANUS

Injury of anal sphineter with faecalincontinence 30-50%

GENIT AL ORGANS

Loss of glans of penis 15- 25% according to age

152

20%

Loss of complete penis

Loss of complete penis withUrethral structure

30-60%"

40-70%

Loss of one testicle frommajority age upto 40 years of age

Loss of one testicle from 40 - 60years

20%

10%

Loss of both testicles from theage of majority upto 40 years old

Loss of both testicle from majorityage upto 40 years of age

Loss of one testicle from 40 - 60years

Loss of both testicles from theage of majority upto 40 years old

Loss of both testicle from majorityage upto 40 years of age

Loss of penis and both testicles

40%

20%

10%

40%

20%

90%

Loss of one testicle beforemajority age 33%

Loss of one testicle after 60 yearsof age

Loss of both testicle after 60 yearsof age

5%

10%

FEMALES

Loss of uterus 30%

Loss of ovaria The above table for loss of testicles according toage shall be applied in this case too.

. Regarding ~imple pneumoconiosis. re~,:,ltingfrom dust, but not complicatedWIth tuberculosis, the percentage of disability shall be assessed according to the:reduction in respiratory capacity as specified in the following Tablet-

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PERCENT AGE REDUCTION INRESPIRATORY CAPACITY

RATE OFDISABILITY

20-30%30-40%40-50%50-60%60-70%70-80%80 and over

accompaniedIn the event of the cases . bb tuberculosis and complicated Yy .silicosis or asbestosIS

For malignant tumours of lung causedby the inhalation of vapours, dust orgases during work

154

15%20%30%45%60%80%

100%

100%

100%

RESOLUTION NO. 67 of 1983, AMENDING THE VALIDITY OFPRIV ATE SECTOR LABOUR IDENTITY CARD

The Minister of Social Affairs & Labour,

Having prused the Private Sector Labour Law No. 38 of 1964and all pertinentamendments thereto; and

The Minister of Interior's Resolution No. 22 of 1975, promulgating theexecutive rules and re&ulations of Aliens Law; and

The Ministerial Resolution No. 60 of 1982, concerning the issue non-Kuwaitiworkers labour identity card; and

The resolution No. 64 of 1982, duly organizing the issue of labour identitycards for non-Kuwaiti labourers in the Private Sector; and

Pursuant to the requirements of public interest; and

After the proposal made by the Undersecretary of the Ministry;

HEREBY DECIDES:-

ARTICLE IArticle 4 of the Ministerial Resolution No. 60 of 1982 shall be amended to

read as follows::-

"The labour - identity - card of non-Kuwaiti labourers shall be renewedonce every a two year period by handing over the old identity card against issue ofa replacement thereto."

ARTICLE 1

Article "5" of the Ministerial Resolution No. 60 of 1982 shall be amended asfollows:-

"A fee of KD 11- (Kuwaiti Dinars two only) shall be imposed for issue orrenewal of labour identity card for non Kuwaiti labourers, duly valid for a periodof two years."

ARTICLE 3Article "5" of the Ministerial Resolution No. 64 of 1982·,referred to hereof

sball be amended to read as foUows:-

"The labour - identity card sb.a11be iss,;,ed with e~ect from the date ofstamping the relevant resideDCICpe~t duly v.alid fo! a ~riod of two years. or upto the date of residence expiry wbicbever IS earlier.

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ARTICLE 4I . t in and shall heThis resolution shall he operative the date of It' prornu g.1 1\ •

published in the Official Gazette.

ACTING MINISTER OF SOCIAL AFFAIRS & LABOllR

Dr. Yacoub Yousuf AI-Ghanim

Date: 18th Jamad Awal, 1403 H.;Corresponding to: 3.3.1983

156

RESOLUTION NO. 68 OF 1983, ON IMPLEMENTATION OFTHE MINISTERIAL RESOLUTION NO. 67 OF 1983, AMEND-ING THE VALIDITY OF LABOUR IDENTITY CARD IN THEPRIV ATE SECTOR

In implementation of the provisions of the Ministerial Resolution referred toher~of, the validity of labour identity card has been amended 10. be a two yearpenod as ~rom the date of stamping the relevant residence permit. or up to thedate of residence permit expiry whichever is earlier, provided that a fee of KD 2/-(Kuwaiti Dinars two only) is collected for the issue or renewal of a labour identitycard for a period of two years.

Therefore, all the competent employees concerned with the labour identitycards works shall observe the following:

Ist.: Upon reproduction or renewal of a labour identity card, the fixed fee shall becollected, provided that the labour identity card is issued for a period of two yearsfrom the date of stamping the relevant residence permit or the date of theresidence permit expiry whichever is earlier.

2nd: Collection of a delay fee amounting to KD 2/- (Kuwaiti Dinars Two Only) foreach year of a residence permit against which no labour identity card wasreproduced.

3rd: Regarding the labourers who managed to secure the reproduction of labour-identity cards within the scope of provisions of the Resolution No. 64 of 1982. theyshall. at the time of renewing their identity cards, be issueo with labour identitycard valid for a period of two years. or up to the date of the relevant residencepermit expiry. whichever falls earlier, provided that a fee of KD 2/- (KuwaitiDinars Only) is collected.

The application of these instructions shall remain valid and enforceable untilthe periods of labour identity cards already issued are properly adjusted, pursuantto the relevant residence permits.

UNDERSECRETARYMINISTRY OF SOCIAL AFFAIRS & LABOUR

Date: 5th Jarud TbaD.i 1403 HCornspoudiDc to: 20.3.1913

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RESOLUTION NO. 69 OF 1983 ON APPLICATION OF ARTICLE6 OF THE MINISTERIAL RESOLUTION NO 64 OF 1982

Article n of the Ministerial Resolution No. 64 of 11J!{2. g.o~erning theregulations pertinent to the issue of labour identity cards for !he ~rI~ate S~ct~rnon-Kuwaiti labourers stipulates the collection of the fees duly fixed 10 accordancewith the provisions of the Ministerial Resolution No. nO of 19113.fo~ t~e year~. ofthe labourer's failure to secure a labour identity card within the permissible periodof residence.

Therefore, in implementation of the aforesaid articles provisions such feesshall be collected for a maximum period of four (4) years whatsocvc.r the pe~lOd ofprevious residence of the envolved labourer is. In case the previous period ofresidence is less than four (4) years, the fees collectable from the envolvedlabourer shall be for the last two (2) year only.

For information of all concerned officials.

UNDERSECRETARYMINISTRY OF SOCIAL AFFAIRS & LABOUR.

Date: 19th Jamad AI-Thani 1403 a.,Corresponding to: 3rd April, 1983

158

CIRCULAR NO. 70 OF 1983, APPLYING INSPECTION ONLABOUR PERMITS

In imple~entation of the provisions of the Ministerial Resolution No. 156 of1981 concermng the set up of Labour Permit Inspection Control at the LabourDepartment., of the Capital's Governorate. the concerned labour permitsinspectors shall, at the time of making or serving any notice of violationrectification and/or any record of offence proceeding, state that such notices ofviolations are served in implementation of the provisions of Article "7" of thePrivate Sector Labour Law No. 38 of 1964. and the Ministerial Resolutionspromulgated in this respect.

For information of all labours permits inspectors.

UndersecretaryMINISTER OF SOCIAL AFFIARS & LABOUR

Date: 21st Jumad Thani 1403 "C~~~ ro: 5~ March, 1983

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MINISTERIAL RESOLUTION NO. 71 OF 1983, CONCERNINGLABOUR IDENTITY CARDS OF PRIVATE SECTOR NON-KUW AITI LABOURERSThe Minister of Social Affairs & Labour.

Having perused the Private Sector Labour Law No. 38 of 1964; and

The Ministerial Resolution No. 22 of 1975. promulgating the executive rulesand regulations of Aliens Law; and

The Ministerial Resolution No. 64 of 1982. duly organizing the issue of labouridentity card for Private Sector non-Kuwaiti labourers; and

Pursuant to the requirements of Public interest; and

After considering the propos~l made by the Undersectary of the Ministry,

HEREBY DECIDES:-ARTICLE 1

Any request for issue or renewal of a labour identity card ~hall be submittedon the approporiate application form duly prepared for the sal~ purpose by theMinistry. The following documents shall be attached thereto.-

i. The passport of the labourer concerned

2. The declaration and undertaking form whereby the labourer was granted theresidence permit.

1 The employer's authenticity of signature specimen, ~uly approved by the., competent labour department, provided that it is vahd.

4. Three (3) photographs.

ARTICLE 2

In the event of issuing labour identity cards for domes~i~ servants, i~ must beobserved that a copy of the employer's nationality certlflca~e IS re~~'red, or acopy of his passport in case of non-Kuwaiti employers,. to ad~ltton to therequirements of sub-clauses one and four of the preceding article.

ARTICLE 3This resolution shall be published in the official Gazette, and shall be

operative the date of its publication.

MINISTER OF SOCIAL AFFAIRS & LABOURHamad Eissa AI-Rajeeb

Date: 4th Safar, 1404 HCorrespoodiDg to: 9th November, 1983

MINISTERIAL RESOLUTION NO. 72 OF 1984 AMENDINGCERTAIN PROVISIONS OF THE RESOLUTIONS NOS. 60 &64 CONCERNING ISSUE OF LABOUR IDENTITY CARDSFOR THE PRIVATE NON-KUWAITI LABOURS.

The Minister of Social Affairs & Labour

Having perused the Private Sector Labour Law No. 38 of 1964; and

The Ministerial Resolution No. 60/82, governing the issue of labouridentity cards for non-Kuwaiti labourers; and

The Ministerial Resolution No. 64 of 1982, organizing the issue of labouridentity cards for the Private Sector non-Kuwaiti labourers; and

The Ministerial Resolution No. 71 of 1983, regarding the labour identitycards for the Private Sector non-Kuwaiti labourers;; and

Pursuant to the public interest requirements; and

Upon considering the proposal made by the Undersecretary of theMinstry.

HEREBY DECIDES:-

ARTICLE 1. Article three (3) of the Ministerial Resolution No. 60/1982, concerning theIssue of labour identity cards to Private Sector non-Kuwaiti labourers shall beamended to read as follows:-

"Labour department shalilceep the labour identity cards application formsproperly serialized. The pertinent stamp duty shall be appropriately affixedoverleaf the said labour identity card, which will be sealed by the stamp of thecompetent department and eveloped prior to delivery to the concernedlabourer."

ARTICLE 2. Article six "6" of the Ministerial Resolution No. 64 of 1982, organizing theISSue of labour identity cards to the Private Sectot non-Kuwaiti labourers shallbe amended to read as follows:

"Collection of the fixed fees shall be made in accordance with theprovisions of the Ministerial Resolution No. 6011982 for the years where alabourer had failed to apply for securing a labour identity card if he had notalready obtained the same during the period of residence permit dulyauthorized before the date of submitting his application.

The collection of the fees shall be made by means of a stamp-duty properly

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affixed overleaf the labour identity card. enveloped and stamped by thecompetent department prior to delivery to the concerned labourer.

This resolution shall be effective 2nd January. 1984. and shall be publishedin the Official Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOURHamad Eissa Al-Rajeeb

Date: 28th Rabie AI-Awal 1404 HCorresponding to: 2nd January, 1984

162

CIRCULAR NO. 73 OF 1984, ON IMPLEMENTATION OF THEAMENDMENT SHOWN IN THE MINISTERIAL RESOLUTIONNO. 12 OF 1984 CONCERNING LABOUR IDENTITY CARDSFOR NON-KUWAITI LABOURERS

Referring to the Ministerial Resolution No. 72 of 1984. dated 2.1.1984,concerning the affixing of the duty stamp on the relevant identity card, which willbe stamped by the competent department perior to being transparently coveredand delivered to the person concerned, the competent officials in charge of issuinglabour identity cards shall comply with the following:-

1. To observer that the required duty stamp is affixed overleaf. In the event ofapplicable fine, to ensure that duty stamps amending to the total fine areproperly affixed overleaf the labour identity card in a geometrical overlappingmanner, conspicously showing the number of stamps affixed.

2. The officials ic charge of signing labour identity cards shall at the time of signingthe same, observe that the identity card together with the stamps affixedoverleaf are all signed and sealed by the stamp of the department concerned, ina manner showing half of the stamp-impression on the identity card and theother half on the duty stamps affixed.

3. The labour identity card shall be transparently covered immediately signed andstamped prior to being delivered to the person concerned.

The labourer holding the idently card, the employer or any concerned who is incharge of receiving the same shall at the time of receipt ensure that the requiredduty stamps are properly affixed and sealed by the stamps of the departmentconcerned.

Any indentity card issued following the promulgation of the ResolutionNo. 72 of 1984 referred to hereof, without satisfying the measures stipulated inthis circular shall be deemed void and null. .

Undersecretary

MINISTER OR SOCIAL AFFAIRS & LABOUR

Date: 28th Ribie AI-AwaI 1404 H,Corresponding to: 2nd January, 1984

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CIRCULAR NO. 74 OF 1984 CONCERNING COLLECTIONOF LABOUR IDENTITY CARD STAMP DUTY

Further to Circular No. 73 of 1984 concerning the imple~entation ofamendment made under the Ministerial Resolution No. 72 of 1984 in respect ofnon-Kuwaiti labourer's labour identity cards. the officials responsible ~or theissuance of labour identity cards are required to observe the followmg:-

1. Regarding the labourers already secured residence permits. who may applyatany time within the validity of their residence for issuance ?f labour Identitycards. the required revenue stamp shall be properly affixed overleaf therelevant identity card. and sealed by the stamp of the department concernedprior to the transparent covering and delivery to the person concerned.

As for the labourers whose residence permits were already expired. and itwas proved at the time of renewing !heir declara.tions and un?ertaki~g thatthey had failed to secure labour Identity cards during their previous residenceperiod. the labour identity cards sections at the competent labour ~epart-ments shall collect the due fine from them for the previous years of residence,under a receipt given to the person concerned. by means of revenue stamps tobe affixed on the counterfile of the relevant copy 10 the receipt book. andproperly sealed by the stamp of the department concerned.

All copies of the receipt .boo~s. used shall he h~nded over to the FinancialAffairs Department at this Ministry. and the said department shall be h~ldresponsible to check and ensure that ~hc amount show.n on the receiptcorresponds to the value of stamps affixed on the duplicate copy.

UndersecretaryMINISTER OF SOCIAL AFFAIRS & LABOUR

Date: 29th Rabie Awal 1404 HCorresponding to: 3rd January 1984

164

MINISTERIAL RESOLUTION NO. 75 OF 1984, CONCERN-ING THE RECEIPROCAL TREATMENT OF GULF COOP-ERA TION COUNCIL ARAB STATES AS SAME AS THELOCAL NATIONALS WITH REGARD TO LABOUR DEAL-INGS

The Minister of Social Affairs & Labour

Having perused Law No. 58 of 1982 notifying the Unified economicagreement of Gulf Cooperation Council Arab States; and

The resolutions of Gulf Cooperation Council Arab States Fourthsession, which was held in Qatar State within the period from 7th to 9thNovember, 1983; and

The resolutions issued by the Minster of Commerce & Industry Nos. 51.52182 and 43,44 and 45/1983, duly permitting the Gulf Cooperation CouncilArab States Nationals to practice business professions and economicactivities in the State of Kuwait; and

Pursuant to the requirements of public interest; and

After the proposal made by the Undersecretary of the Ministry.

HEREBY DECIDES:-

ARTICLE 1

The nationals of Gulf Cooperation Council Arab States i.e , Kingdom ofSaudi Arabia. United Arabs. United Arabs Emirates. Bahrain State.Sultanate of Oman and Qatar State shall all be treated on the basis ofreciprocity as same as Kuwaitis. regarding labour affairs in the State ofKuwait. Meanwhile. they shall be applicable to the same procedure andformalities duly applied to Kuwaitis.

ARTICLE 1

This resolution shall be effective 1.3.1984. and shall be published in theOfficial Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOUR

HAMAD EISSA AL-RAJEEB

Date: 19th Jamad Awal, 1404 H,Corresponding to: 21st February, 1984

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MINISTERIAL RESOLUTION NO. 76 OF 1984, IMPOSINGGENERAL FEES ON ABSTRACTS OF LABOUR RECORDS(COPIES) REPRODUCED BY THE COMPUTER

The Minister of Social Affairs & Labour

Having perused the Private Sector Labour Law No. 38 of 1964, and

The Council of Minister's resolution passed in its Session No. 5/82, whichwas held on 31.1.1982, duly imposing general fees on the official applicationforms and declarations used in respect of the Private Sector's Service, and

The Resolution of Minister of Finance No. 47 of 1977 on application ofrevenue - stamp's; and

The Ministerial Resolution No. 61 of 1982, imposing general fees on anyadditions made on the application forms of Labour - permits, declarationsand undertakings; and

Pursuant to the requirements of public interest;; and

After seeing the proposal made by the Undersecretary of the Ministry,

HEREBY DECIDES:-

ARTICLE IA fee of KD 51- (Kuwaiti Dinars Five Only) shall be imposed for

reproduction of a labour records, showing the names of ~abourers registeredunder the sponsorship of the concerned employer at. his request ~r<.>mtheactual computer data. The said fee is payable at the time of submitting theemployer's application for the reproduction of such a record.

ARTICLE 2A fee of 1100 Fils (Ku 'aiti Fils One Hundred Only) shall be imposed for

each labourer registered in the record reproduced, whatsoever the number oflabourers are, the said fee shall be paid at the time of handing over thereproduced record to the employer.

ARTICLE 3This resolution shall be published in the Official Gazette, and shall be

operative the date of its publication.

MINISTER OF SOCIAL AFFAIRS & LABOUR,Hamad Eissa AI-Rajeeb

Date: 16th Jamad AI-Akbar, 1404 H;Corresponding to:: 19th March, 1984

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MINISTERIAL RESOLUTION NO. 77 OF 1984, CONCERN-ING THE ISSUE OF LABOUR PERMITS FOR THE PRI-VATE SECTOR NON-KUWAITI LABOURERSThe Minister of Social Affairs & Labour

Having perused the Private Sector Labour Law No. 38 of 1964; and

The Decree 'p~omulgated on 7.1.1979, concerning the functions andpowers of the Ministry of Social Affairs & Labour; and

. The Minister of Interior'S Resolution No. 22 of 1975, promulgating theImplementing regulations of Aliens Residence Law; and

The Ministerial Resolutions Nos 37 and 39 of 1979 and No. 62 of 1982organizing the issuance of labour permits to non-Ku~aiti labourers in thePrivate Sector; and

Th~ Resolution promulgated by the Municipality of Kuwait No. 3/1984concermng the classification and licensing of the building constructioncontractors, who were not registered with the Central Tenders Committee'and '

The Resolution of the Minister of Commerce & Industry Nos. 51 & 52 of1982, and Nos. 43, 44 and 45 of 1983, permitting Gulf Cooperation CouncilAr~~ .Sta~es Nationals to practise and carryon certain professions andactrvitres In the State of Kuwait; and

The Ministerial Resol~tion No. 75 of 1984, concerning the reciprocaltreatment of Gulf Cooperation ~ounctl Arab States Nationals with regard tolabour dealings whereby they will be treated on the basis of reciprocity assame as Kuwaitis; and

Pursuant to the requirements of public interest; and

Upon the proposal made by the Undersecretary of the Ministry,

HEREBY DECIDES:-

I. LABOUR PERMITS

ARTICLE 1

~e I?roVISIO~Sof this resolution shall be applicable to employers,engaging In service non-Kuwaiti labourers as well as to non-KuwaitiTradesmen and professionals, duly licenced by the Competent Authorities toperform such works, the partners in Kuwaiti companies or establishmentsand/or craftmen of minor activities.

ARTICLE 2

An employer shall be permitted to employ non-Kuwaiti labourers in theprofessions conforming with or subsidiary to his activities if he submits to theMinistry the following docurnents.- '.

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1) A copy of the Memorandum of Association of the company or theestablishment.

2) A copy of the licence issued by Ministry of Commerce & Industry to practicethe activity in question or a copy of the permit issued by the competentauthorities to carry on the same activity or profession.

3) Specimen of the employer's signature or of his representative signa~u~e dulyconfirmed by Kuwait Chamber of Commerce & Industry or by the Ministry ofSocial Affairs & Labour.

As for companies or establishments including non-Kuwaiti Partners, no signatureshall be accepted, save the signature of a Kuwaiti partner or his attorney, dulyauthorized to sign, provided that he is a Kuwaiti national.

4. The address of the employer's Main Office of business activities, together withthe addresses of his various branches, if any.

ARTICLE 3The employer shall notify the Ministry of any alterations occur on the

particulars of the data spe~fied in t~~ preceding article. lit the e.vent of ~is failureto do so, all his dealings with the MInistry shall be suspened, until he recttfies suchcontravention.

ARTICLE 4The employer shall apply for the issue of a labo~r. permit fo~ a non-Kuw~iti

labourer on the appropriate form, prepared by the Ministry for this purpose, withthe following documents attached thereto::-

1) Copies of the educational qualifications?r testimonals an~ practical. ex~riencecertificates if the nature of work so requires. Such educattonal qualifications ortestimonals shall be taken into account for the purpose of defining thelabourer's profession.

2) Copies of the passport pages covering the particulars of the labourer's required.

3) The specimen of the employer's signature, or the specimen of his attorney'ssignature who is duly authorized to sign.

ARTICLE SA labour permit shall be issued in respect of the labourer'S required if hislher

profession consists with the main b~s~ness act~vityof th.e.e~ployer ..or with any ofthe employer's susbidiary ?r auxiliary ~uslness actrvitses, provided that theemployer's productive capacity and the estll~ates of lah?ur force necessary for theperformance of his activities, a~d1or the projects ~f which h~ had .already enteredinto contract for implementation are all taken Into consideration.

The Ministry may perform inspection to realize the need of employer for therequired labourers.

ARTICLE 6

The employer shall undertake to employ the labourer for whom h.erequestedthe labour permit, and submit the relevant declaration and undertaking within a

168

month at .mo~t from the date of his/her entry in the country. In the event of thee.mployer s fat!ur~ to .com~ly with the said procedure. the Ministry shall have thenght to susp~nd ~ssu,"g him with any new labour permits or transfer any. localIabour-Iorce '". his fa.vour for a maximum period of three months. or until thecontravention IS rectified whichever is longer.

ARTICLE 7Employment of labourers by any employer is prohibited. even on temporary

basis and when the consent of the principal employer is secured. unless suchemployer is permitted by the Ministry to do so. or labour permits were alreadyissued in respect of those labourers to other employers. However, in the event ofsuch case, the labour permits issued to those labourers shall be cancelled. and theyshall be deported home at the expense of the employer for whom they were foundworking.

Moreover, the Ministry shall have the right to suspend the issuance of newlabour permits or transfer any of locally recruited labourers whether to the formeror latter employers, for a period of three months, or until such a contravention isrectified, whichever is longer.

ARTICLE 8A principal contractor-employer may assign to each subcontractor, entering

into agreement with him for implementation of certain works of the contractualobligations a number of the labourers he was already permitted to employ for thecompletion of such works, provided that a proper notification has been made byappropriately filling in the form prepared for the said purpose.

ARTICLE 9Contractors classified by virtue of the Municipality Mayor's Resolution

(Municipality Director's Decision) No. 3/84 may apply for labour permits to assignlabourers for completion of the works undertaken within the number of labourersalready permitted by the Municipality. Regarding their contractual obligationswith sub-contractors, they shall be subject to the provisions of the precedingarticle.

ARTICLE 10Labour permits for professionals and non-Kuwaiti partners of Kuwaiti

companies and firms shall be issued if the professional concerned apply for thesame or, the appropriate form prepared by the Ministry for this purpose, with thefollowing documents, duly attached thereto:-

1) A valid passport2) A certified copy of the company's or firm's Memorandum of Association, or a

copy of the licence issued by the competent authorities for practicing theprofession in question.

ARTICLE 11Issuance of labour-pen nits to tradesmen of minor professions, crafts and

activities shall be subjects to the stipulations of the preceding article, providedthat a proof evidencing the practice of the said craft, activity or profession issubmitted instead of the document stipulated in sub-clause "2" of the precedingarticle or any other documents required by the Ministry.

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ARTICLE 12The employer shall submit the required declaration and undertaking for

each I;~bourer on ~he appropriate form prepared by the Ministry immediatelyafter his/her entry 10 the country by virtue of a labour permit. with the followingdocuments duly enclosed thereto:-

I) The labourer's passport

2) A copy of the labour permit. issued in respect of the labourer. dulv certifiedby K~wait Con~ulat~ at the.la~ou~er·s country of origin. or by the Ministry oflntcrior. Kuwait. with the indication of Border Authorities stamped thereinregarding the new-comers arriving in. from countries where Kuwait has noembassies.

The stipulation of this article shall he applicable to professionals. non-Kuwaitipartners of Kuwaiti Companies. establishments. <IS well as to tradesmen ar.dcraftsmen of minor activities. unless they were previously issued with residencepermits. In such a case. the form of "Cancellation and Transfer" shall besubmitted instead (If submitting the Document No. :!. together with anauthenticated copy of the company or establishment Memorandum of Associationor the copy of the licence issued by the competent authorities for practicing theprofession in question.

ARTICLE 13Labour permits shall be issued to all those who are subject to the provisions of

this resolution for a maximum period of two months. The said permit shall berenewed for a similar term. provided that the renewal application is submitted onthe appropriate form. prepared for the same purpose. with the followingdocuments. attached thereto:-

I) The passport of the labour

2) The duplicate (copy) of the former Declaration & Undertaking.

3) A copy of labour identity card.

4) The specimen of the employer's signature or of his representative's signature asduly authorized to sign on his behalf.

The Ministry may reject the renewal of a labour permit for any labourer in theevent of any justification necessitating such action.

ARTICLE 14Any dependent joining a supporter may have a labour permit provided in

such a case that the approval of the supporter is secured and that at least a year haselapsed since the date of granting the relevant residence permit. The residencepermit application shall be submitted on the appropriate form prepared by theMinistry for this purpose, with the following documents enclosed thereto:-

1) The passport of the labour

2) Declaration of supporter, covering his confirr ration regarding the employmentof the dependent labourer.

In the event of a residence permit cancellation of a dependent-labour, in110

order to rejoin his/her supporter. the rules laid down by the Ministry of Interiorfor granting such a residence shall be applicable.

ARTICLE 15A labour permit granted to a labourer may be transferred from one employer

to another. provided that· he consent of the former employer IS secu~ed. Anapplication for residence pt rmit cancellation and transfer shall be submlt.ted onthe form appropriately preiarcd by the Ministry for such a purpose. With thefollowing documents. attached thereto:-

I) The labourer's passport

2) The duplicate of the last Declaration & Undertaking

3) Copy of labour identity card

4) A triplicate (three copies) of the new Declaration & Undertaking

S) The specimen of the employer's signature or of his representative's signature,duly authorized to sign on his behalf.

In accordance with the provision of this article, a labour permit may not betransferred from one employer to another during the first year of the labourer'sservice duly rendered to the first employer, save in the case stipulated in clauses "e_ f" of Article 16 hereof or when the Ministry realizes that the ground of thetransfer request is substantially justified and acceptable.

ARTICLE 16The Ministry shall have the right to transfer the labourer's labour permit from

one employer to another, if the employer has rejected to do so or without recourseto him, in the event of the following cases:-

a) If the employer has locally engaged the labourer in service.

b) If the employment contact has been appopriately expired i~ conformity with theapplicable law provisions or the contract terms duly sttpulated.

c) If the contract has been terminated persuant to the provisions of Articles 57 andS9 of Private Sector Labour Law No. 38 of 1964.

d) In the event of the employer's legal impediment, such as absence keeping himaway, incapacity or death.

e) In case of a judgement rendered in this respect, whereby the labourer hasproved to be a judgement berleficiary.

f) In the event of the company and/or establishment closure, lock-out, suspensionof activities and/or dealings.

ARTICLE 17The employer may reject to transfer a laboul,':- ~rmit of a labou.rer ~

another employer if he brought him from abroaa.,. d~nng the. first penod .contracting, while the contract is deemed to be appropnately valid. However, 1II

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the event of the labourer's refusal to continue in the service of the employer, the~mployer shall cancel the ~elevani labour permit, and the labourer shall b~ heldliable to be1!rthe ~s~ of hls(her r~tum home, unless otherwise is stipulated m thecontraft, auly m,lIhfying this obhgation.

FINAL CANCELLATION

ARTICLE 18The employer shall have the right to cancel the labour permit issued in the

name of the labourer whom he brought from abroad, with a request to deprive himof being issued with a labour permit for a lapse of two years in the event of thefollowing cases:-

a) If the labourer, 00 his part, has terminated the employment contract in amanner contradictory to its stipulations or violating the law provisions.

b) If the labourer's service has been terminated under a disciplinary action, inaccordance with the provisions of Article 55 of the Private Sector Labour LawNo. 38 of 1964.

The period referred to hereof shall be calculated with effect from the date ofcancelling the First Labour Permit.

ARTICLE 19The employer shall bear the expenses of returning the labourer brought by

him home (to his country) at the expiry of the contract term, or in the event of itstermination, unless the labourer is entitled to the transfer of the labour permit toanother employer in accordance with the provisions of this resolution, or pursuantto the conditions stipulated in the contract, and the labourer has so requested.

ARTICLE 10An application from an employer for a final cancellation of a labour permit

whereby the meant labourer shall travel for good may not be accepted unless it isestablished that, the employer has paid the labourer in question all hislherentitlements for the relevant period of service, in accordance with the employmentcontract stipulations and/or the applicable law provisions.

ARTICLE 1IIn the event of final cancellation of a labour permit granted to a labourer, the

employer undertakes to return to the Ministry a copy of the cancellation form,with the indication of the Border Authorities duly conforming the labourer'sdeparture, or to present any other document conclusively proving the labourer'Sdeparture from Kuwait. The competent department shall then issue the ,employerwith a written acknowledgement of receipt of the said form.

No further dealings applications shall be accepted from the employer, unlesshe/she submits the said document.

ARTICLE 11

The Ministerial Resolutions No. 37 and 39 of 1979, duly organizing theissuance of labour permits to non-Kuwaiti labourers in the Private Sector shall be

In

repealed. 8U1 the ProVISIO '"referring the concerned Ian ns of the Ministerial Resolution No. 62 of 1982,of Interior. Kuwait i thOurers to Kuwait Consulates abroad or to the Ministryconsulates estanlish~d ~h e. cases where the State Kuwait has no embassies/

erein shall remain valid.

ARTICLE 23This resolution shall be published in the Official Gazette. and shall be

enforced the date of its publication.

MINISTER OF SOCIAL AFFAIRS & LABOURHamad Eissa AI-Rajeeb

Date: 6th Rajab 1404 H.,Corresponding to: 7.4.1984

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MINISTERIAL RESOLUTION NO. 78 OF 1984, CONCERNINGLIMIT ATION OF LABOUR PERMITS TO CERTAIN SECTORSOF ACTIVITIES

The Minister of Social Affairs & Labour

Having considered the Private Sector Labour Law No. 38 of 1964; and

The Council of Ministers Resolution No. 10, duly passed in its Session No.10/1984, held on 2nd February, 1984; and

The Ministrial Resolution No. 77 of 1984, organizing the issuance of labourpermits for the Private Sector non-Kuwaiti Labourers; and

Pursuant to the requirements of public interest; and

Upon the proposal made by the Undersecretary of the Ministry,

HEREBY DECIDES:-

ARTICLE 1Issuance of labour-permits for recruiting and bringing non-Kuwaiti labourers

from abroad is restricted and limited to the foHowing sectors:-

(1) Companies and Contractors under contractual obligations with the Govern-ment to perform certain tasks and/or contracts.

(2) Companies corporations fully owned by the Government and/or semi PublicSector Companies to whose capital stock the Government participates.

(3) Hospitals & Private Clinics

(4) Hotels

(5) Banks

(6) Private Schools

(7) Clubs & Public Utility Societies

(8) Air line companies, Travelling & Tourist agencies and offices.

(9) Newly established and the existing cooperative societies in the event ofoperating new branches.

(10) Farms and Industrial Projects.

174

AKTlCLE 2This resolution shall b ff . . .til fu th . e e ectrve 27th February, 1984, and shall remain validun I a r er notice.

ARTICLE 3This Resolution shall be published in the Official Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOURHamad Eissa AI-RaU~b

Date: 8th R~ab, 1404 H.,Corresponding to: 9th April, 1984.

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MINISTERIAL RESOLUTION NO. 79 OF 1984, OBLIGING THEEMPLOYERS TO SUBMIT A CERTIFICATE ISSUED BY THEPUBLIC INSTITUTION FOR SOCIAL SECURITY SHOWINGTHE SETTLEMENT OF THEIR CONTRIBUTION TO THE SAIDINSTITUTION

The Minister of Social Affairs and Labour

Having perused the Private Sector Labour Law No. 38 of 1964, and

Law No. 61 of 1976, duly promulgating the Social Security (Insurance) Law,with all amendments thereof; and

The Ministerial Resolution No. 77 of 1984, concerning the issuance of labourpermits for the Private Sector non-Kuwaiti Labourers; and

Pursuant to the requirements of the public interest; and

Upon the proposal made by the Undersecretary of Ministry,

HEREBY DECIDES:-

ARTICLE 1All Private Sector Labour - employers shall, at the time of applying for

opening new files or for the renewal of their accredited signature - specimensalready approved by this Ministry, submit to the Ministry a certificate issued bythe Public Institution for Social Security, showing the settlement of theircontribution to the said institution.

ARTICLE 2All Private Sector labour employers who are not contributing to the Public

Institution for Social Security are required to present a certificate showing theirnon-contribution to the same.

ARTICLE 3This resolution shall be published the date of its promulgation, and shall be

published in the Official Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Hamad Eissa AI ~eeb

Date: 13th Shahan 1404 H.,Correspoading 10: 14th May 1984

176

CIRCULAR NO. 80 OF 1984 TO ALL LABOUR DEPARTMENTSSTAFF

The Resolution No: 7~ of 1984 stipulates that issue of labour permits to bringlabourers from abroad IS limited to certain sectors, including industrial projects.

Industrial projects denotes all licences issued by the Ministry of Commerce &Indus.try to employers for the purpose of performing certain industries whetl-ersuc~ mdustnes depend on raw materials. or on materials aJready manufacturedwhlc~ are known ~ manufacturing industries. as well as those industries actuallyrelating to the mam production of other companies.

However. in general.it m.eans all licences issued in the favour of employers forthe purpose of performing industrial activities.

. This is made for t~e information of all labour departments concerned with theISsue of labour permits.

UNDERSECRETARYMinistry or Social Affairs & Labour

Date: 26th Shaban 1404 HCornsponding to:: 27.S.1984

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MINISTERIAL RESOLUTION NO. 81 OF 1984

The UndersecretaryMinistry of Social Affairs & Labour

Having perused the Council of Ministers resolution passed in its Session No.4/84, held on 22.1.1984. stipulating a provision to be included in the contracts thegovernment concludes with Contractors and other parties. under which they areobliged to use Kuwait Airways Corporation flights (Aircrafts) for transportationof cargo and passengers: and

The Ministerial Resolution No. 77 of lQ!.\4 concerning issuance of labourpermits for the Private Sector non-Kuwaiti labourers. and

Pursuant to the letter of the Minister of Oil and Finance No. 271/196, dated27.5.1984, concerning the rules and measures to be observed for the implementa-tion of the said Council resolution; and

Acting upon the minutes of the meeting held with the representatives of thisMinistry and those of Kuwait Airways Corporation on 15.7.1974; and

Pursuant to the requirements of public interest.

HEREBY ORDERS:

ARTICLE IThe provisions of this resolution shall be applicable to each of the following:-

a) The employers who entered into contracts with the Government forimplementation of Public Projects; and whose contracts include any stipulationobliging them to use the flights of Kuwait Airways Corporation regarding thecarriage of their cargo and passengers.

b) The employers currently implementing government projects. whose contractsdo not include such obligation, if upon alteration thereafter such obligation isstipulated.

ARTICLE 2Employers specified in Article" 1" of this resolution when applying to bring

labourers from abroad for implementation of such projects are required to attachwith their applications a letter from the said corporation showing the names andnationalities of such labourers, and the countries from which they are brought in,clearly indicating the issue of Passenger Tickets in their names by or throughKuwait Airways Corporation, irrevocable or transferable to any other airlines, soas to fly aboard Kuwait Airways Corporation flight or through it.

ARTICLE 3All employers in the event of expiry or termination of the employment

contracts concluded with the labourers referred to hereof for any reasonwhatsoever shall, when applying for the cancellation of their residence permits,attach with their applications a letter from the said corporation stating thatpassenger tickets are issued in their favour ~y Kuwait Airways Corporation to flyfrom Kuwait proceeding to their countnes aboard KAC flights or througharrangement made by it.

178

ARTICLE 4~p~lica~ion for issue ?f labour permits in respect of any concerned labourers

or fo t e final cancellatIOn of labour permits of such labourers shall not beaccepted, unless the letter referred to in the two preceding articles 1 & 2 hereof isat~ached thereto. ~uch letters are obtainable from the main sales office at KuwaitAIrways Corporation Building.

ARTICLE 5In .case no labour permits are issued to any of such labourers or in the event of

cancelling a~y la~ur permit already issued, prior to the arrival of the incomer _labourer, this Mmlst~ shall notify Kuwait Airways Corporation accordingly forthe purpose of re.fundmg the value of the passenger tickets already reserved inrespect of the said labourers to the employers concerned.

ARTICLE 6This reS?)ution s~all be published in the Official Gazette, and each concerned

shall be notified to Implement it.

UNDERSECRETARYMinistry of Social Affairs & Labour

Date: 19th SbawaJ, 1404 H.,Correspondiug to: 18.7.1984

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M.INISTERIAL RESOLUTION NO. 82 OF 1984, PERMITTINGDOMESTIC SERVANTS AND THE LIKE TO WORK IN PRI-VATE SECTORThe Minister of Social Affairs & Labour;

Having perused the Decree No. 17 of 1959, promulgating the AliensResidence Law, and all its relevant amendments; and

The Private Sector Labour Law No. 38 of 1964; and

The Council of Minister Resolution, passed in its Session No. 34/84, held on29.7.1984; and

The Ministerial Resolution No. 77 of 1984. concerning issue of labour permitsto private sector non-Kuwaiti labours; and

Pursuant to the requirements of pubic interest; and

After the proposal made by the Undersecretary of the Ministry,

HEREBY DECIDES:

ARTICLE IDomestic servants and the like may be permitted to work, provided that the

following conditions are satisfied:-

a) Securing the employer's consent to permit his domestic servant to work in thePrivate Sector.

b) The new employer is required to fulfil.1~IIthe. re1e~ant conditions in accordancewith the rules laid down by the MInistry In this respect.

c) That the domestic servant in question had secured the required residence permitbefore 6.9.1982.

ARTICLE 2This resolution shall be operative the date of its promulgation. and shall be

published in the Official Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOURHamad Eisa AI-Rajeeb

Date: 24th Zul Haiia 1404 HCorresponding to: 19.9.1984

lll)

MINISTERIAL RESOLUTION NO. 83 OF 1984, PROHIBITINGACCEPTANCE OF APPLICA TIONS FOR ISSUANCE OFLABOUR PERMITS TO FEMALE - LABOURERS FROM.PEOPLE'S REPUBLIC OF BANGLADESHThe Minister of Socia I Affair & Labour,

Having perused IIie Private Sector Labour Law No. 38 of 1964; and

The Ministerial Resolution No. 77 of 1984, for issue of labour permits tonon-Kuwait labourers in the Private Sector; and

The Ministerial Resolution No, 78 of 1984 on limitation of labour permits tocertain sectors; and

Pursuant to the request of the People's Republic of Bangladesh Governmentnot to issue female applications with labour permits, save certain professions; and

Acting upon the proposal submitted by the Undersecretary of the Ministry,

HEREBY ORDERS:

ARTICLE 1Acceptance of applications for issuance of labour permits to female applicants

of People's Republic of Bangladesh is hereby restricted.

ARTICLE 2Female Physicians, Engineers, Teachers and Nurses are exempted from the

prohibition specified in Article "I" hereof, provided that copies of the requiredacademic qualifications are submitted thereto, alongwith the documents necessary

.for issuance of labour permits and that the originals of such certificates areauthenticated by the competent Ministries, and meanwhile legalized by theMinistry of Foreign Affairs of the People's Republic of Bangladesh.

ARTICLE 3This resolution shall be effective the date of its promulgation, and every

concerned shall be advised to implement it, besides being published in the OfficialGazettee.

MINISTER OF SOCIAL AFFAIRS & LABOURHamad Eisa AI-RaJeeb

Date: 3rd Safar, 1405 H,CorrespoDding to: 27.10.1984

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MINISTERIAL RESOLUTION NO. 84 OF 1985 APPOINTINGTHE COMPETENT EMPLOYEES CONCERNED WITHLABOUR PERMITS INSPECTION, WITH SPECIFICATION OFTHEIR FUNCTIONS AND POWERSThe Minister of Social Affairs and Labour,

Having perused the Private Sector Labour Law No. 38 of 1964; and

The Law No. 28 of 1969, concerning the Oil Sector Service; and

The Ministerial Resolution No. 30n7 concerning the powers of the competentofficials supervising the implementation of the labour laws and their executiverules and regulations; and

The Ministerial Resolution No. 65 of 1983 on appointment of the competentemployees concerned with the supervision of implementing labour laws and theirexecutive rules and regulations; and

The Ministerial Resolution No. 52 of 1984 on replanning, organizing andidentifying the powers and functions of labour sector departments at the Minstry;and

The Ministerial Resolution No. 77 of 1984, concerning the issuance of labourpermits to the private sector non-Kuwaiti labourers; and

Acting upon the public interest needs; and

Pursuant to the representation made by the Undersecretary of the Ministry,

HEREBY DECIDES:-

ARTICLE 1

The occupants of the posts specified below at the La~ur Departments of theMinistry of Social Affairs and Labour ~re hereby authonzed and empo~ered toinspect and supervise the implementatl~n of Labour Laws, together With thenexecutive rules and regulations, regarding labour permits, namely:-

1) The Directors of Labour Departments at the relevant Governorates.

2) Controllers of Labour Permits Inspection Controls.

3) Heads and Inspectors of Labour Permits Inspection Divisions.

4) Departmental heads and Inspectors of Labour-Permits Inspection Divisions.

ARTICLE 2.: The competent officials of !nspec~ion, duly empowered to supervise. the

implementation of labour laws, wl!h t~eu e~ecu~••v,~ orders, rules and regulationsregarding labour permits, as specified 10 .Artlcle 1 hereof; shall, for the purposeof achieving this objective, have the nght: .

1) Of access, for inspection, to any pl,ace of work and establishments at any time,without prenotification.

182

2) ~o c.a.rr~o~t a Prlodi.cal in pection to veri;y the conformity of the establishmentp~rllculars and data 10 comparison with the number and category of the existingmanpower and the relevant labour permits issued in this respect.

3) To verify whether the labourers who are in the service of the establishmenlconcerned are properly issued with valid labour permits to work therein; andmeanwhile count the number of labourers working for such establishment. butunder the sponsorship of any third party, or without holding labour permits.

4) To inspect all industrial firms and business estahlishments so as to identify theirneeds of manpower or Iht, extent of new labourers requirements.

5) ":0 w~ite dow~ .any verbal process of contraventions regarding any acts of lawvJOlall~ns: onginals of which shall he delivered to the defaulters concernedafter slg~Jng the relevant duplicates.

6) To discuss a~y issue raised by and 'hetween labourers and employers regardinglabour permits and prepare the necessary memoranda in this respect.

ARTICLE 3

":his .resolut.ion shall be published in the Official Gazette, and shall beeffective Immediately published, i.e. the date of its publication.

MINISTER OF SOCIAL AFFAIRS & LABOURHamad Eissa AI-RlV~b

Date: 28th Rabie AI-Akbar, 1405 H.,Corresponding to: 19.1.1985

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MINISTERIAL RESOLUTION NO. 85 OF 1985 ON EMPLOY-MENT OF WOMEN AT NIGHTThe Minister of Social & Labour.

Having perused the provisions of Public Sector Labour Law No. 38 of1964; and

The Ministerial Resolution No. 28 of 1976. duly defining the term night;and

The Ministerial Resolution No. 29 of 1976. on employment of women atnight: and

Acting upon the public interest needs; and

After the proposal made by the Undersecretary of the Ministry,

HEREBY ORDERS:-

ARTICLE IWithout prejudice to the provisions of Articles 21 and 33 of the Private

Sector Labour Law No. 38 of 1964. women shall be employed at night in theplaces specified hereunder. in addition to the medical treatment houses (clinics)legally provided for therein:-

I) Pharmacies2) Hotels3) Nursery schools and handicapped Homes4) Play houses (Theatres)5) Entertainment City6) Airline and Tourist Offices.

ARTICLE 2Women are permitted to work at night up to 12.00 PM. (000 1 hrs), in the

following places:-

1) Cooperative Societies and Public Utility Societies2) Medical Clinics.3) Ladies Beauty Saloons and Tailoring Shops.4) Banks, Companies and Business Concerns5. Restaurants.

ARTICLE 3.Co~petent la~r departments, each within the area of its jurisdiction may,

for the Sectors provided for in Article 2 of this resolution, extend the workinghours at night during the holy month of Ramadan, feasts, public celebrations andnational days.

ARTICLE 4

Employers shall in the event of the cases stipulated in this resolution arrangeto provide means of Transport to the women entrusted with the performance ofsuch duties.

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ARTICLE 5shall-r::: ~::!~:~~I Resolution No. 29 of 1976on employment of women at night

ARTICLE 6~is resolution shall be published in the Official Gazette, and shall be

effective the date of its publication.

MINSTER OF SOCIAL AFFAIRS & LABOURKhalid AI-Jumain

Date: 11th Shaban 1405 H.,Corresponding to: 1st May 1985

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MINISTERIAL RESOLUTION NO. 86 OF 1986

The Minister of Social Affairs & Labour;;

Having perused the Private Sector Labour Law No. 38 of 1964;. and theMinisterial Resolution No. 77 of 1984, concerning issue of labour permits to thePrivate Sector non-Kuwaiti labourers; and

Pursuant to the Minister of Interior's Resolution No.9 of 1981, concerningthe stipulations and situations of those usufructuries subject to the provisions ofchapter 5 of the Social Security Law i.e. Social Insurance Law, together with therelevant rules, dates and the procedure of their registration; and

Pursuant to the letter of the Public Institution for Social Security No. 2385 of25.3.1986; and

Acting upon the requirements of the Public interest; and

After the proposal made by the Undersecretary of the Ministry,

HEREBY ORDERS:-

ARTICLE IAll Public Sector employers, deemed to be usufructuaries under the

provisions of the Ministerial ~esolut~on No. 77 of 198~ are ~ereby obliged tosubmit to this Ministry a certificate Issued by the Public Institution for SocialSecurity, showing that they have settled their due subscriptions, duly coveringthemselves and their Kuwaiti employees. The said certificate shall be attachedwith the documents required for issuance, renewal, cancellation and/or transfer oflabour permits.

ARTICLE 2This resolution shall be published in the Official Gazette, and shall be

operative to date of its publication.

MINISTER OF SOCIAL AFFAIRS & LABOURKhalld AI-Jumaiau

Date: 11th Sbabao, 1406 H.,Correspondiog to: 20.4.1986

186

MINISTRY OF SOCIAL AFFAIRS & LABOURMINISTERIAL RESOLUTION NO. 87 OF 1989 ORGANIZING

THE PRIVATE SECTOR LABOURThe Minister of Social Affairs & Labour,

Having perused the Private Sector Labour Law No. 38 of 1964; and

The Decree promulgated on 7th January, 1979, concerning the functions andpowers of Ministry of Social Affairs & labour; and

The Ministerial Resolution No. 62 of 1982, directing labourers to refer to theConsulates of Kuwait State abroad or to the Ministry of Interior in Kuwait; and

The Resolutions of the Minister of Commerce & Industry Nos. 51 & 5211982,43,44 & 45/1983, as well as Nos. 7 & 8/1984, duly permitting the Gulf CooperationCouncil Arab States nationals to practice and carry on certain professions andactivities in the State of Kuwait; and

The Ministerial Resolution No. 82 of 1984, permitting the domestic servantsand the like to render service to the private sector; and

The Ministerial Resolution No. 75 of 1984, concerning Gulf CooperationCouncil Arab States nationals to be treated on the basis of reciprocity as same asKuwaitis regarding all dealings relating to labour; and

The Ministerial Resolutions Nos. 77, 78 and 83 of 1984, governing theissuance of labour permits for the private sector non-Kuwaiti labourers; and

Pursuant to. the requirements of public interest; and

Upon the proposal made by the Undersecretary of the Ministry,

HEREBY DECIDES::-

1ST. THE SCOPE OF RESOLUTION APPLICABILITY:

ARTICLE 1

The provisions of this resolutions shall be applicable to employers, employingKuwaiti and non-Kuwaiti labourers, as well as to the labourers and professionals,duly licenced by the competent authorities. partners of Kuwaiti compaines,craftmen and professionals licenced by this Ministry.

2ND. REGISTRATION OF EMPLOYERS::

ARTICLE 1

The licences granted to employers for practicing the relevant activities shallbe registered at the Labour Department. within whose jurisdiction the main officeand centre of business of the employer concerned is located.

The fol:owing documents are required to be attached to the application formof registration:-

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I) A copy of the Memorandum of Association of the applicant company, and anypertinent amendments, if available.

2) A copy of the licence issued by the concerned authority for practicing thepertinent activity or profession.

3) A certificate from the Public Authority for Civil Information, s~owing the mainaddress and centre of business of the employer, together with all pertinentbranches, if any

4) The specimen of the employer's signature or that of the signature of any personauthorized by him/her under the provisions of this resolution.

ARTICLE 3Any person authorized to sign on behalf of the employer shall be a Kuwaiti

national or a Gulf Cooperation Council State's citizen. As for the companiescomprising non-Gulf Cooperation Council States .Partners, only the .signatur~ of. aKuwaiti partner or such a person delegated .by hl~/her and auth?nzed to sl~n Inaccordance with the provisions of the preceding article shall prevail. The specimenof the employer's signature or of the person autho~ized by him/her. sh.all becertified by Kuwait Chamber of Commerce & Industry If the relevant activities aresubject to registration with Kuwait Ch~mber of C?mmerce & Indu.stry orapproved by the Competent Authority Iss.u~d the hce~ce for .practlcmg thepertinent profession or approved by the Ministry of Social Affairs & Labour.

ARTICLE 4

The employer is required to keep t?e labour ~epart~ent concerned in!ormedof any change occurs in his(her est~b~l~hment (firm), Its branches: the hcen~esissued for practicing the pertinent activiues and any compl~te or part~a~ suspensionof the employer's business activitie.s. The failure ~o notl.fy t.he Ministry of anyparticulars of the aforesaid information shall result m application of the necessarymeasures by the Competent Labour Department in this respect.

3RD. EMPLOYMENT OF KUWAITIS AND THE LIKE

ARTICLE 5Unemployed Kuwaitis and Gulf Cooperation Council Arab States nationals

shall register their names w!th any ~ompeten.. La?ou~ Department. Ev7ryregistered labourer shall be Issued with a registration-identity-card, showinghislher name, address, nationality, qualifications, the type of work he/she desiresto perform and the name of hislher last employer, If any. Consequ~ntly, thecompetent labour departments shall, ~mong themse~ves, exchange and intercom-municate all particulars and information of the registered labourers. Moreover,such registered labourers may be referred by the concerned officers from onedepartment to another. The comPc:tent de~artments sbaH,. then, publish thepertinent particulars and information, besides endeavoun~g to ~nd thememployment opportunities, and nominate t~e sa~e f~r SUItable Jobs, dulyconforming with their technical and academic qualifications.

ARTICLE 6

In accordance with the provisions of thi~ Resolution, the ~mpet~nt I.abourdepartments shall not issue anr employer WIth a labour-pe~lt to bn~g m, oremploy any alien-labourers, If any of the labourers registered WIth such

188

de'pa~ments is able to occupy the vacant position. In the event of the. e~;>l~yer'srejection to emply the registered labourer who was nominated to jom his/herservice, the employer shall not be issued with a labour permit for employing analien to fill in that vacancy.

ARTICLE 7Every employer who employs Kuwaiti labourers or Gulf Cooperation Council

Arab States national is required to register their names in the relevant formappropriately prepared for the said purpose and made available at labourdepartment, located within the area of his/her business activities. Moreover,he/she shall keep the said department informed of any excess or shortage in his/herlabour force within fifteen days from the date it occurs.

4TH. EMPLOYMENT OF NON-KUWAITIS

ARTICLE 8The competent labour department shall issue the employer with a labour-

permit to employ non-Kuwaiti labourers in accordance with the following rulesand regulations>

1) Non-availability of a Kuwaiti national or the like registered with the saiddepartment who is able to perform the job required.

2) Availability of a satisfactory justification, indicating the need of the labourerrequired, pursuant to the employer's business activity or the project alreadycontracted, for implementation by him/her and the number of the labourerscurrently existing in hislher service.

3) Conformity of the required labourer's profession with the employer's businessactivity, or any of the auxiliary or complementary activities exercised by theemployer for supporting hislher main business activity. Further rules andregulations and/or specific stipulations may be added under a resolution issuedby the Undersecretary of the Ministry for the purpose of issuing labour permits.

ARTICLE 9Issuance of a labour permit for a non-Kuwaiti labourer shall be applied for by

completing the appropriate form, prepared by the Ministry for this purpose, withthe following documents attached thereto»

1) A copy of the academic and/or educational qualifications, or a testimonialshowing the practical and/or applied experience of the labourer required.

2) A copy of the page of the required labourer's particulars specified in his/herpassport.

3) Specimen of signature of the employer or of any person duly delegated to signon hislher behalf.

ARTICLE 10

The employer shall undertake to appoint the labourer issued with a labourpermit so as to join his/her service, and submit to the competent labourdepartment the labour permit issued by this Ministry within a maximum period of

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one month, with effect 'from the date of the labourer's entry or arrival in Kuwait,with the following documents properly attached thereto:

1) The Travelling documents of the labourer i.e. hislher passport

2) The .r~levant labour permit, duly certified by Kuwait Consulate at the n.aturaldomicile (country) of the required labourer, otherwise the measures apphed bythe Ministry of Interior in this respect shall be observed, provided that the saidpermit is endorsed by the Boarder Authorities.

3. The signature specimen of the employer or any persons deputize by him/her tosign on hislher behalf.

In case the employer has failed to abide by the provisions stipulated in thisresolution, the Ministry may cancel the relevant labour permit and order thedeportation of the labourer in question at the expense of the employer or tosuspend any additional labour-force newly required for a maximum period ofthree months or until such contravention is rectified, whichever is shorter.

ARTICLE 11

Employment of labourers by an employer is prohibited. Unless the Minstrypermits himlher to do so, or issue labour permits in respect of such labourers toother employers. In the event of any contravention made by the employer withregard to the provision of this article, the labour permits issued in respect of suchlabourers shall be cancelled, and the labourers involved shall be deported home atthe expense of the employer for whom they were found working. Moreover, thecompetent labour department shall have the right to suspend any new and/oradditional labour force required by either of the involved i.e. the first or secondemployer for a period of six (6) month, or until such contravention is rectifiedwhichever comes first.

ARTICLE 12

For every labourer who is issued with a labour permit to serve a certainemployer, it is prohibited to work for another employer, even as a part time, andunder the consent of the principal employer. In such a case the labour penn itissued to the involved labourer shall be cancelled, and the labourer in questionshall be deported home at the expense of the employer for whom he was foundworking.

ARTICLE 13

Labour penn its shall be issued to craftsmen, professionals and companynon-Kuwaiti partners, if the person concerned has submitted an application in theappropriate fonn prepared by the Ministry for the said purpose, with the followingdocuments, duly attached thereto:-

1) A valid travelling documents, i.e. passports

2) An authenticated copy of the company Memorandum of Association, or a copyof the licence, issued by the competent authority in his/her name to practice theprofession in question.

ARTICLE 14

The Ministry may issue labour permits to craftmen and professional of crafts

190

and professions, practicabl' . .any specific compete teat !helr. expense without any ~Icences to be issued byfOllOWing conditions:~ authonty, If the concerned apphcant has satisified the

1) To submit to the Minist f"such a professio . Kry ayroo , evidencing that he/she has been practicing

n 10 uwair for at least ten years.2) The r

app rcant shall not be less than 30 Gregorians years old.

3) The applicant shall have a specific place of domicile, well know to the Ministry.

of a A:o application for alabour permit in such a case may be submitted b meansLab~~r fo~a:~:; c~~PletlOf the f~r'!1 prepared by the Ministry of Social Iffairs &permit without i~dl·cpoatSI·en·ghe Ministry may at any time cancel the said labour

any reasons.

ARTICLE IS

to w~o~~ ~~w~~~ ~~~j:c~~xit~:::o;:~;~~s ~f tt~is resolution shall be permittedprovided that the person concerned has subm?tted ~e.~:ears q), ~uly renewable,10 the approporiate form prepared by the Mini ~ er.apphcatlOn for renewal,prior to the expiry date of the residence e OIs!ry Orhthls purpos~ three monthsenclosed thereto.. p rrmt , wit the followlOg documents

1) A valid travelling document I'r.e. a va id passport.

2) The duplicate copy of the previous work permit.

3) A copy of applicant's labour identity card.

4) The employer's signature specimen or th . .auth?~ized by the employer to sign on ~i~cl~e~ ~: ~Ignature of any personprovisions stipulated in this resolution. er e a 10 accordance With the

5TH. TRANSFER OF A LABOUR PERMIT

ARTICLE 16Any labour permit issued in res' t fIb

shall not be transferred to another e::~o~e: ba f ourer Ito serve a certain employerthe labourer in question has s nt in the se:v.on

! at east a.laI:'se of three years.whose service the said labou~ permit was 0 Ice. O~/h~ pnncipal employer forlabourer is brought from abroad or locally e~~I~~e~.lssued, whether such a

The validity of relevant duration shall comm .date of issuing the labour _ permit. In the evente~fce to ~un ~lIh effect from thecontract concluded between the employer and labo term~na.tlOg the employmentreasOn whatsoever, the employer shall be held liabfre; within this per.iod for anylabourer, even if he/she is locally employed. e or the repatnatlon of such

With regard to government projects, labourers sh IOne employer to another during the valid period of co a I not be t~a~sferred fromduration provided for herein before save' hntract, even If It exceeds theWithd I . . . 10 t e case of .rawa from the principal contractor for read' di . . project-contractanother contractor, then labourers may be transfjU ~atlon 10· the favour ofapplying the duration condition stipulated hereof. rre to the latter. without

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Upon the expiry of the government contract the employer may transfer suchlabourer .tl?another ~mployer .of a similar project, or repatriate them pursuant tothe provisrons of this resolution. The Minister may exempt an~ person,. as h.edeemed as appropriate, from the condition of the duration stipulated 10 thisarticle.

ARTICLE 17The Ministry may exempt those who have been residing continuously in

Kuwait for a constant period of ten (10) years, from the provision of the durationstipulated in the preceding article, if the relevant labour contract has beenterminated under the consent of the employer concerned, or in accordance withthe provisions of either Article 57 or Article 59 of the Private Sector Labour Law.

ARTICLE 18The transfer application shall be submitted in the appropriate form,

duly prepared by the Ministry of this purpose with the followingdocuments, properly attached thereto:-

1) A valid travelling documents i.e. applicant's passport.

2) The duplicate-copy of the previous work permit.

3) The specimen of signatures of both employers, the first and second, orof any person delegated by either of them to sign to accordance Withtheprovisions of this resolution.

4) A copy of the labour-identity-card issued to the labourer.

ARTICLE 19In the event of the employer's rejection, the Ministry shall have the right,

without referred to the employer to transfer the labour permit i~s.uedin.respect ?fa labourer to another employer if the labourer satisfies the conditions stipulated 10

Article 16 of this Resolution.

6TH. FINAL CONCELLATION OF LABOUR PERMIT

ARTICLE 20In all cases the employer undertakes to cancel the labour per!1lit i~sue~ in

respect of a labourer after the expiry of the labourer's term of service With hl~,besides repatriating the labourer at the employer's expense, un~ess the laboure~ ISentitled to transfer his/her labourer permit to another employer 10 accordance WIththe provisions of this resolution, save thetollowing case~ where the labourer shallbe held liable to bear hislher repatnauon expenses, r.e.r.-

1) If the labourer's service has been terminated .under a disciplinary action,pursuant to the provisions of Article 55 of the Pnvate Sector Labour Law No.38 of 1964.

2) If the labourer refused to continue in the. employer's service during the periodof contract, without having any legal nght to do so.

3) If the labourer has terminated his/her service contract.i~ a manner contradictoryto the conditions stipulated therein or to the P(OVISIOnsof the labour law.

192

In all su~h cases the i.nvolved labourer shall be deprived of being issued with alabour permit to serve In Kuwait for at least a term of two years.

ARTICLE 21Th~ final cancellation of a labour permit shall be applied for in the

appropnate form, prepared by the Ministry for this purpose, with the followingdocuments, attached thereto:-

1) The travelling document of the labourer i.e. the labourer's passport.

2) The labour-identity-card already issued to labourer.

3) A passenger ticket for the labourer.

4) A copy of the previous labour permit issued in respect of the labourer.

ARTICLE 22In the event of final cancellation of a labour permit granted to a labourer, the

employer undertakes to return to the Ministry a copy of the cancellation formwith the indication of the Border Authorities, duly confirming the labourer'~departure. The department concerned shall, then issue the employer with awritten acknowledgement of receipt of the said form.

No furt~er dealings applications shall be accepted from the employer, unlesshe/she submits the copy referred to hereof to the competent Labour Department.

ARTICLE 23

Employer who ~nter into contracts with the government for implementationof go.vem~ental projects, and consequently apply for issuance of labour permitsto b,?ng allen-Iabou~ force from ab~oa~ for the execution of the said projects arerequired to use the aircraft of Kuwait Airways Corporation or the national air linesof the country from whom the alien labour force is recruited. This should be madein agreement with the General Administration of Civil Aviation Directorate, withregard to the carriage of cargo and passengers to and from Kuwait back to thedomicile of such alien labourers.

ARTICLE 24The Ministry shall have the right without indicating any reasons, to reject an

application for a labour-permit, a labour permit renewal or transfer to anotheremployer in spite of satisfying the required conditions of each.

Furthermore, the Ministry may, without stating the relevant reason, ask theemployer to cancel a labour permit of a certain labourer and repatriate himlher.

ARTICLE 25·. The provisions governning the labour force of each business activity shall beISSUedunder a Ministerial Resolution.

ARTICLE 26This resolution shall be published in the Official Gazette, and shall come into

fo~~ ~er two m~nths as from the date of its publication. The followingMioistenal Resolutions shall be repealed immediately it is enforceable, i.e. the

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-...."....------:'----:-;f~t =s;rfe~rin conformityb) The Ministry may perform the procedure 0 ran t f th. .' . g the consen 0 e

with Article 15 of this Resolution, without secunn. d d. . . hi /h r file IS suspen e oremployer or refemng to him/her 10 case JS e I . th

finally closed, while the Ministry is aware o~ the same, a~d a sOal~e a~event of hislher rejection to effect the said transfer Without gjustifiable reason.

ARTICLE 3This Resolution shall be published in the Official Gazette and shall be

operative the date of its publication.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Issued on l st Rabi Al Awal, 1414 H;

Corresponding to 18th August, 1993 A.D.

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MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 101 OF 1993 CON-CERNING

FINANCIAL GUARANTEE REGULATIONS OF

PRIV ATE SECTOR LABOURERS AND WITH-DRAWAL THEREFROM

The Minister of Social Affairs & Labour,

Having Perused Law No. 3X of 1964, governing Private Sector Labour dul~amended by Law No. 43 of 196H; and

Law No. 28 of 1969 concerning Oil Sector Labour; and

The Decree Promulgated on 7.1.1979 on Ministry of Social Affairs &Labour; and

The Council of Ministers Resolution No. 55 of 19X3 empowering theMinistry to lay down the rules necessary for implementation of the financialguarantee; and

The Ministerial Resolution No. 89 of 1989 on the financial guarantee of thePrivate Sector Labourers; and

The Ministerial Resolution No. 804 of 1990 authorizing the MinistryUndersecretary and Assistant Undersecretary, for Labour Affairs to withdrawmoney from the financial guarantee amounts; and

The Ministerial Resolution No. 99 of 1993 organizing the Private Sector La-bour; and

Pursuant to the public interest requirements; and

Upon the proposal presented by the Undersecretary of the Ministry,

Hereby decides the following:

ARTICLE 1Employers of Private Sector Labourers shall observe the Financial

Guarantee Rules Implementation in accordance with the provisions anddiscipline-regulations stipulated in this Resolution.

ARTICLE 2The following business categories shall be subject to the provisions of

this Resolution:

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a. Business owners and employers bound by contracts for implementationof government projects.

b. Business owners and employers practicing contracting-work activities,other than those prescribed in Clause 1 of this Article.

c. Other activities provision of guarantee in whose respect is deemednecessary by the Ministry.

ARTICLE 3For implementation of this Resolution the value of financial guarantee

required is fixed in accordance with the following schedule:

No. of Workers According to Value of the Financial GuaranteeAssessed Requirements

From 1 to 500 Workers KD 250 for each Worker

From 501 to 1000 Workers KD 200 for each Worker

From 1001 and over KD 150 for each Worker

ARTICLE 4In exception to the provision of the preceding Article, the Ministry

may be satisfied with at least 25% of the value of the required financialguarantee from the employers of labourers categories prescribed in Clause Aof Article 2 hereof; and with at least a rate of 50% of the labourerfsemployers categories stipulated in Clause B of the same Article, if theMinistry has established that such categories have abided by the provisions ofthe law and by the Ministerial Resoultions issued for implementation of thesame, and that no violations of labourerfs inspection, individuals or collectivelabour disputes were filed against them for at least one year duration prior tothe period of the said guarantee validity.

ARTICLESThe employer shall provide the required financial guarantee under a

letter of guarantee, duly issued by one of the Kuwaiti banks in the favour ofthe competent Labour Department concerned, including the authorizationvested in the Ministry to withdraw money-amounts from the said guarantee,against a receipt duly delivered to the employer concerned, with a .copy of thesame kept in his/her relevant file.

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--

ARTICLE 6Subject to the provisions of Article 5 of this Resolution, the employer

shall provide the Ministry of Social Affairs & Labour with an authorizationin writing, whereby it shall be empowered to withdraw from the saidguarantee the whole or any partial amount whenever necessary in the event ofthe following cases:

a. Violation of the provision of Private Sector Labour Law No. 38 of 1964and/or its relevant amendments and failure to rectify the same in spiteof notification of the penalty provided for in Article 97 of the said law.

b. Non-abidance of the employer by the provisions of the Ministerial Res-olution No. 99 of 1993. a case which resulted in the suspension of his!her file with the Ministry completely or partially.

c. Non-payment of labour-wages regularly in their periodical time by theemployer or his/her failure to pay other indisputed entitlements oflabourers or such amounts adjudged to pay.

d. Refusal or delay to repatriate the labourers under his/her sponsorship totheir country after expiry and/or termination of their relevantemployment contracts or whenever it deemed necessary to do so underthe Law or Ministerial Resolutions.

e. Refusal to pay any other financial charges which he/she is deemed liableto meet according to law or in conformity with any other resolutions bythe reason of labourers under his/her sponsorship in Kuwait.

f. Other urgent and important cases as assessed by the Ministry in the lightof pertinent investigations, inquires or amicable settlements dulyconducted. provided that priority of payment from such amount shall bemade for the purpose of settling labourerfs entitlement, adjusting theirsituation in the country or repatriating them home.

ARTICLE 7Without prejudice to the provision of Article 4 hereof, the employer

shall in the event of money withdrawal from the amount of financialguarantee paid up by him/her, cover the said amount of guarantee in full,",:ithin a period not exceeding fifteen (15) days from the date of notifyinghim/her accordingly by means of a registered letter with acknowledgment ofreceipt.

Moreover, the Employer is also required to renew the relevant letter ofguarantee at least 15 (fifteen) days prior to its expiry date.

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TICLE8The Undersecretary of the Ministry and the Assistant Undersecreta~y

for Labour Affairs are authorized to withdraw all or part of the amounts paidby the employers as a financial guarantee in conformity with the provisionsof this Resolution for payment of the required expenses if any of the casesprovided for in Article 6 hereof has occurred.

ARTICLE 9The financial guarantee retention shall exist as long as the employer is

held liable for the implementation of the project for which it was provideduntil the project has been liquidated and the labourers situation is properlysettled'. The validity of the financial guarantee letter shall be expired bymeans of a letter directed by the competent Ministry to the concerned bankexpressly requesting the release of the guarantee amount retained.

ARTICLE 10In the event of breach of this Resolution provisions by the employer or

the employerfs failure to abide by the same, the Ministry. shal.1ha~e the .r~ghtto suspend the file of the said defaulter until such a violation IS rectified,without prejudice to its right regarding implementation of Article 97provisions of the Private Sector Labour Law in this respect.

ARTICLE 11This Resolution shall be published in the Official Gazette and shall be

operative the date of its publication thereof, with repealing of ot~er twoimplementing Resolutions Nos. 89 of 1989 and 804 of 1990 concernmg theFinancial Guarantee and the relevant authorization for withdrawal from the

same.

MINISTER OF SOCIAL AFFAIRS & LABOUR.

Date: 26th Rabi AI Awal, 1414 H;

Corresponding to 12th September, 1993 A.D.

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MINISTRY OF SOCIAL AFFAIRS & LABOURMINISTERIAL RESOLUTION NO. 104 OF 1994 CON-CERNING PRIVATE SECTOR OVERTIME HOURS

The Minister of Social Affairs & Labour,

Having seen the International Labour Agreement No. I of 1919, dulyidentifying overtime working hours in industrial firms and installations; and

The International Labour Agreement No. 30 of 1930 organizing business andoffice working hours; and

Pursuant to Law No. 38 of 1964 on Private Sector Labour; and

The Decree promulgated on 7th January, 1979 specifying the powers andfunctions of the Ministry of Social Affairs & Labour; and

The Ministerial Resolution No. 54 of 1982 concerning week off days oflabourers; and

Pursuant to the public interest requirements; and

Upon the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1Without prejudice to the provisions of Articles 33, 34 & 35 of the

Private Sector Labour. Law No. 38 of 1964, employers may request theiremployees to work overtime in conformity with the following rules:

a. Additional overtime working hours are fixed to be six hours a weekprovided that daily overtime shall not exceed two hours.

b. It shall be observed that the overtime working hours a labour isentrusted to perform shall not exceed 90 days a year i.e. at a maximumlimit of 180 hours annually.

ARTICLE 2Overtime hours of installations and firms nature of which requires

continuous shifts successively shall not exceed 56 hours a week.

ARTICLE 3Every employer is required to maintain a special register in which

overtime hours are appropriately recorded duly showing the following:

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1[Ii performance oraJ'U""" YYTIt;;;1 \;onct:meadditional working hours.

b. A statement showing the total of additional working hours the laboureris entrusted to carry out.

c. A statement showing the wages payable against the additional workinghours the labour is entrusted to perform.

ARTICLE 4This Resolution shall be published in the Official Gazette and shall be

operative the date of its publication.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Issued on 20th Zul Hijja, 1414 H;

Corresponding to 31st May, 1994 A.D.

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MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 110 OF 1995The Minister of Social Affairs & Labour,

Having considered Law No. 38 of 1964 on Private Sector Labour; and

The Ministerial Resolution No. 106 of 1994 organizing Private SectorLabour; and

Considering the public interest; andPursuant to the proposal made by theUndersecretary of the Ministry,

Hereby decides:

ARTICLE 1

Employers who appoints employees of monthly salaries amounting toKD 100 or more shall transfer their salaries to Kuwaiti banks at the usualdates of salary payment and notify them regularly of such act.

ARTICLE 2 .The employees subject to the provisions of this Resolution shall open

accounts with Kuwaiti banks and notify the employer accordingly to transfertheir salaries to the said accounts.

ARTICLE 3Employers shall display list of the name, nationality and civil number

of his employers conspicuously at the place of work.

ARTICLE 4The respective Labour Departments shall suspend the file of any

employer who does not comply with this procedure.

ARTICLESThis Resolution shall be published in the Official Gazette and shall be

operative the date of its publication.

AHMAD KHALID AL KULAIB,

MINISTER OF SOCIAL AFFAIRS & LABOUR.

Issued on 6th Shaban, 1415 H;

Corresponding to 7th January, 1995 A.D.

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PROVISIONS OF

LA W NO. 38 OF 1964, CONCERNING

PRIV ATE SECTOR LABOUR LAWHaving perused the Constitution; and

Law Decree No. 17 of 1959 on Aliens Residence and its amending lawsthereof; and

Law No. 38 of 1964 on Private Sector Labour Law and all its amending lawsthereof; and

Law No. 32 of 1969 reorganizing business concerns/shops licences; and

Law No. 40 of 1992, reorganizing Domestic Servants Offices and the like; and

The National Assembly has ratified the following Law, which we herebysanction and promulgate;

ARTICLE 1

The provisions of Articles 3, II and 97 of Law No. 38 of 1964referred to hereof shall be replaced with the following provisions:

Article 3

a. The employer is prohibited to employ non-Kuwaiti labourers andnon-Gulf Cooperation Council States Nationals of Arab Gulf States,unless they are permitted by the Ministry of Social Affairs & Labour towork for him.

b The employer may not bring in labourers from abroad, and thenintentionally does not give them jobs to work for him, or to establishthat he is not actually in need of their services.

c The labourers stated in Clauses (b), (c), (e), (f) and (g) of the precedingarticle are exempted from the provisions of this article.

AJ:ticle 11

The Ministry of Social Affairs & Labour may permit opening ofLabour-Offices whose duty is to facilitate securing incoming expatriates orlocally recruited manpower for employer according to the relevantexperiences and area of specialization duly licensed to recruit.

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The owners of such offices are prohibited to receive any amounts ofmoney from labourers against their employment or for the purpose of keepingunder their sponsorship whether directly or indirectly.

The Minister of Social Affairs & Labour shall specify in a Resolutionissued by him the conditions and the procedure of granting such a licence, itsduration, the fees of issuance or renewal, the cases where it shall bewithdrawn or canceled, together with the rules organizing such offices.including the books and records licencees are liable to maintain.

Article 97

With prejudice to any severer penalty provided for in any other law.whosoever violates the provisions of this Law and/or its ImplementingRegulations shall be punishable as follows.

a A defaulter shall be served with a notice to rectify the violation within 3

fixed period, duly specified by the Ministry of Social Affairs & Labour,provided that it shall not exceed three month.

b If the violation has not been rectified within the fixed period. thedefaulter shall be liable to pay a fine not less than KD 100 (KuwaitiDinars One Hundred only) and not more than KD 200. (Kuwaiti DinarsTwo Hundred only) for each labourer of such violation. The said tineshall be doubled in the event of recidivism of the same violation within athree year term from the date of a final judgment rendition in respect ofthe same.

ARTICLE 2A new article under title No. 97 Bisf of the following text shall be.

added to Law No. 38 of 1964 referred to hereof:

Article 97 Bis

In exception to the provision of Article 97 of this Law, punishablewith im prisonment for a term not exceeding three years punishable withimprisonment for a term not exceeding three years and a fine not more thanKD 5,000 (Kuwaiti Dinars Five Thousand only) or with either of the saidtwo penalties whosoever violates the provisions of Clause (b) of Article 3 ofthis Law.

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LE3All Ministers, each within his jurisdiction, shall implement this Law.

AMIR OF KUWAIT,

JABER AL AHMAD AL SABAH.

Issued at Bayan Palace on 28th Safar, 1416 H;

Corresponding to 26th July, 1995 A.D.

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EXPLANATORY MEMORANDUM TO

A DRAFT LAWAMENDING CERTAIN PROVISION OF

LAW NO. 38 OF 1964, CONCERNING PRIVATE SEC-TOR LABOUR LAW

Almost three decades have been expired since the promulgation ofPrivate Sector Labour Law No. 38 of 1964, a period within which a numberof variables occured regarding population and manpower structure ofexpatriates. For the purpose of coping with the current circumstances and thecontinuous development in the field of labour and manpower, it is deemedessential to amend Article 3 of the aforesaid law by the text of Clause Ithereof provided that an employer is prohibited to engage on worknon-Kuwaiti labourers and/or non-Gulf Cooperation Council nationals ofArab Gulf State unless a permit is secured from the Minister of SocialAffairs & Labour in this respect. Moreover, Clause (b) thereof prescribes thatan employer is prohibited to bring in labourers from abroad then he does notgive them job to work with him or to establish that he is not actually in needof their services, a case which detrimental to their rights and may affect theState security and stability of the labourers in question. Therefore, it isconsidered that Article 3 thereof shall be amended in the aforesaid mannerfor the purpose of abiding by the provisions of the exemptions stipulated inClauses (b), (c), (d), (e), (t) and (g) of Article 2. Naturally, the exemptionprescribed in Clause (a) of the said Article does not relate to the provisionsof Article 3. Conseq uently. the provision of this Clause is deemed to beunserved without need of further stipulation. On the other hand. Clause 2 ofthe Article in question has been deleted for it is no longer essential to beknown after the promulgation of Law. No. 32 of 1982 in respect of CivilInformation and replacement of the Labour Card by Civil Identity Card.

The Draft Law has included the ban of domestic servant. offices orsupply of labourers. a task which has been confined to charitable societiesand labour unions. Unfortunately. the application of this Article has resultedin a random activity as established fact on the basis of which the employerscould manage to secure incoming manpower of expatriates through the saidactivity. a case which has resulted in certain damages and proved to bedetrimental as far as labourers and employers are concerned and thenegative response of which has affected the reputation of Kuwait abroad.

Therefore. it is deemed essential to amend this stipulation and permitopening of labour offices in the area of this activity provided that it shall bemade within specific rules and regulations and under strict control of which aMinisterial Resolution shall be issued duly covering the interest of both

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labourers an employers an meanwhile avoid all the negative points towardsKuwaitfs reputation.

Needless to state that this amendment shall not prejudice theprovision of Law No. 40 of 1992 duly organizing the offices of domesticservants recruitment and the like.

On the ground of the practical applications in the light of whichcertain violations were observed following the liberation of our country fromthe brutal aggression and in order to cope with the principles of the State toestablish the basic of rules of stability among labourers and employers in amanner preserving the security of the State from within and its reputationabroad of which we are always proud and in order to cope with the relevantvariables, it has been realized that the punishment imposed under thestipulations of Article 97 do not suit the extent of violation.

Therefore, it is deemed essential to replace the provision of Article 97newly stipulated under which the punishment of this Law defaultersincluding Implementing Regulations has been established. i.e, a fine of KD100 but not more than KD 200 for each defaulter of the relevant violation.The said punishment shall be doubled in the event of recidivism with regardto the same violation within a three year term from the date of finaljudgement rendition.

Moreover, the said Draft Law has included a new Article underNumber 97 Bis prescribing that punishable with imprisonment for a term notexceeding three years and a fine not more than KD 5,000 or by either of thesaid two penalties whosoever violates the provisions of Clause (b) of Article3 of the Law hereof.

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DECREE NO. 57 OF 1996 REPEALINGTHE OPERATIVE PROVISIONS OF DECREE NO.

221/93 SETTING UPTHE CENTRAL COMMITTEE FOR HANDLING

ILLEGAL RESIDENTS AFFAIRSHaving seen the Constitution; and

Law No. 15 of 1959 on Kuwait Nationality and all its amending laws; and

Law No. 17 of 1959 on Aliens Residence and all amending laws thereof; and

Decree No. 221/93 setting up the Central Committee for Handling illegalResidents eAffairs; and

The R~~orts submitted by the committee to the Council of Ministers dulycompnsmg the outcome of the task entrusted, the relevant steps and pro-cedure concluded; and

Pursuant to the proposal made by the Minister of Interior; andAfter ratification by the Council of Ministers,We hereby decree the following:

ARTICLE 1.The provisio~s of Decree No. 221/93, setting up the Central

Committee for handling the Illegal Residents Affairs referred hereof are nolonger operative.

ARTICLE 2. The Secretary General of the Committee shall compile and count out

all lis files, documents, records, applications and papers so as to be handedover to the Authority identified by the Minister of Interior within a two weekperiod.

ARTICLE 3This Decree shall be operative the date promulgated and shall be

published in the Official Gazette.

AMIR OF KUWAIT,

JABER AL AHMAD AL SABAH.PRIME MINISTER,

SAAD AL ABDULLA AL SALEM AL SABAH.MINISTER OF INTERIOR,

ALl ALSABAH

Issued at Bayan Palace on 7th Zul Qaida, 1416 H;Corresponding to 26th March. 1996 A.D.

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DECREE NO. 58 OF 1996 SETTING UPTHE EXECUTIVE COMMITTEE FOR ILLEGAL RES-

IDENTS AFFAIRS

Having seen the Constitution; and

Law No. 15 of 1959 on Kuwait Nationality and all its amending laws; and

Law No. 17 of 1959 on Aliens Residence and all amending laws thereof; and

D N 57 of 1996 repealing the operative provisions of Decree No.ecree o. id •221193 constituting the Central Committee for Handling Illegal Resi entst

Affairs; and

All Resolutions issued by the Council of Ministers dealing with the affairs of

illegal residents; and

Aiming at resolving and setting the state of illegal residents, besides takingthe executive measures and practical steps, deemed necessary for

implementation of the same; and

Pursuant to the proposal made by the Minister of Interior; and

After ratification by the Council of Ministers,

We hereby decree the following:

ARTICLE 1A committee shall be formed at the Ministry of lnteri~r ca\le~ the.

Executive Committee for illegal Residents Affairs under t~e Chalflnanshlp 01the Minister of Interior and the Membership of the following;I. The Secretary-General, Council of Ministers ..2. The Undersecretary, Ministry of Foreign Affairs.3. The Undersecretary, Ministry of Interior. ., .4. The Director General, Public Authority for CIvil Information.

ARTICLE 2The Committee is empowered to assume the following functions:

T ki xecutive measures to deal with illegal residents state of affairsI. a ng e .' d the

within th~ general framework, principles, pro~s, .cn~e~l~ ~n. is

I. d pted and approved by the Council 01 Ministers In thi:reso uuons a 0 . .' . . .

id d that in all cases the exigencies of the national Interestrespect, provi e .and applicable laws are precisely observed and abided by.

2. To follow up the implementation of the resolutions issued by ihe

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Council of Ministers concerning the said persons in cooperation andcoordination with all competent authorities concerned.

3. To propose the draft laws and regulations deemed necessary for solvingthe state of affair! of illegal residents.

ARTICLE 3The Committee may, for the exercise of its functions and

responsibilities, establish sub-committees comprising its own members orothers to study the topics and/or issues entrusted with the or referred to andmay also seek the assistance of experts for the purpose of performing its duties.

ARTICLE 4All governmental authorities, public institutions and other bodies

concerned shall cooperate with the Committee to carry out its tasks andprovide it with all required data and information.

ARTICLESThe Minister of Interior shall issue a Resolution appointing a Secretary

to supervise the Committee Secretariat, controlling its Administrative Staff andfollowing up the implementation of its decisions.

ARTICLE 6The Minister of Interior shall submit periodical reports to the Council

of Ministers on the work progress of the Committee.

ARTICLE 7The Minister of Interior shall issue the necessary Resolutions for

implementation of this Decree provisions.

ARTICLESAll Ministers, each within his jurisdiction, shall implement this Decree

which shall be operative the date issued and shall be published in the OfficialGazette.

AMIR OF KUWAIT,

JABER AL AHMAD AL SABAH.

PRIME MINISTER,

SAAD AL ABDULLA AL SALEM AL SABAH.

MINISTER OF INTERIOR,

ALl AL SABAH.Issued at Bayan Palace on 7th Zul Qaida, 1416 H;

Corresponding to 26th March, 1996 A.D.

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MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 115 OF 1996,PROMULGATING THE RULES & REGULATIONS

ORGANIZING THE PRIVATE NEWCOMERS RECRllTMENT

The Minister of Social Affairs & Labour,

Having perused the PrivateSectorLabourLaw No. 38 of 1964duly amendedby the LawNo. 30 of 1995,and all MinisterialResolutionson implementationof the same; and

The Decree promulgated on 7th January, 1977 concerning Ministry of SocialAffairs & Labour; and

Pursuant to the public interest requirements; and

Upon the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1Licences shall be issued to open Private Labour-Offices for the

purpose of recruiting expatriates manpower, whether newcomers fromabroad or from within to serve the private sector employers in accordancewith the conditions and stipulations specified in the rules organizing the saidrecruitment offices, duly attached with this Resolution.

ARTICLE 2This Resolution and the rules annexed thereto shall be published in the

Official Gazette, and shall be enforceable after a two month period from thedate published.

MINISTER OF SOCIAL AFFAIRS & LABOUR,

AHMAD KHALID AL KULAIB.

Issued on 19th Rabi Al Awal, 1417 H;

Corresponding to 4th August, 1996 A.D.

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RULES & REGULATIONS ORGANIZING

PRIVATE NEWCOMERS RECRUITMENT OFFICES

CHAPTER!

GENERAL PROVISIONS

ARTICLE 1In implementation of the rules and provisions of these regulations, the

following expressions denotes the authorities and/or parties specified againsteach:

1. The Competent Ministry or eMinistryi, it denotes the Ministry of SocialAffairs & Labour.

2. The Competent Minister or eMinisteri. it denotes the Minister of SocialAffairs & Labour.

3. The Competent Department, It denotes the Governorate-Labour Department,the business centre of the licensed employer is under its control.

4. The office. It denotes the sole corporation (sole firm) or company dulylicensed to carry on the said activity.

ARTICLE 2A licence-applicant for provision of expatriate-manpower shall satisfy

the following requirements:

I. He should be a Kuwaiti national.

2. He should be fully qualified and 30 (thirty) years old.

3. He should know well (good in) reading and writing.

4. He should have not been sentenced in any offence involving a moralturpitude, breach of trust or ethics. If the licence applicant is acorporation, then whose shareholders duly constituting the relevantcapital-stock shall satisfy the aforesaid stipulations. .

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MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 115 OF 1996,PROMULGATING THE RULES & REGULATIONS

ORGANIZING THE PRIVATE NEWCOMERS RECRllTMENT

The Minister of Social Affairs & Labour,

Having perused the PrivateSectorLabourLaw No. 38 of 1964duly amendedby the LawNo. 30 of 1995,and all MinisterialResolutionson implementationof the same; and

The Decree promulgated on 7th January, 1977 concerning Ministry of SocialAffairs & Labour; and

Pursuant to the public interest requirements; and

Upon the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

Licences shall be issued to open Private Labour-Offices for thepurpose of recruiting expatriates manpower, whether newcomers fromabroad or from within to serve the private sector employers in accordancewith the conditions and stipulations specified in the rules organizing the saidrecruitment offices, duly attached with this Resolution.

ARTICLE 2This Resolution and the rules annexed thereto shall be published in the

Official Gazette, and shall be enforceable after a two month period from thedate published.

MINISTER OF SOCIAL AFFAIRS & LABOUR,

AHMAD KHALID AL KULAIB.

Issued on 19th Rabi Al Awal, 1417 H;

Corresponding to 4th August, 1996 A.D.

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RULES & REGULATIONS ORGANIZING

PRIVATE NEWCOMERS RECRUITMENT OFFICES

CHAPTER 1

GENERAL PROVISIONS

ARTICLE 1

In implementation of the rules and provisions of these regulations, thefollowing expressions denotes the authorities and/or parties specified againsteach:

I. The Competent Ministry or eMinistryi, it denotes the Ministry of SocialAffairs & Labour.

2. The Competent Minister or eMinisterf, it denotes the Minister of SocialAffairs & Labour.

3. The Competent Department. It denotes the Governorate-Labour Department,the business centre of the licensed employer is under its control.

4. The office. It denotes the sole corporation (sole firm) or company dulylicensed to carry on the said activity.

ARTICLE 2A licence-applicant for provision of expatriate-manpower shall satisfy

the following requirements:

I. He should be a Kuwaiti national.

2. He should be fully qualified and 30 (thirty) years old.

3. He should know well (good in) reading and writing.

4. He should have not been sentenced in any offence involving a moralturpitude, breach of trust or ethics. If the licence applicant is acorporation, then whose shareholders duly constituting the relevantcapital-stock shall satisfy the aforesaid stipulations. .

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ARTICLE 3A licence application shall be submitted to the Competent Authority In

the appropriate form, prepared for the said purpose, duly coupled with thefollowing documents:

A copy of the Civil Identity Card of licence-applicant or the CompanyMemorandum of Association.

2 A copy of the Criminal Status Record, duly isssued by the Ministry ofInterior.

3. 1\ School Certificate proving that the licence applicant reads and writeswell (good).

4. A Letter of Guarantee, issued by one the national banks for an amountof KD 30,000 (Kuwaiti Dinars Thirty Thousand only) valid for at leasta six month period after expiry of the relevant licence.

ARTICLE 4The Competent Department shallexamine the applications submitted

and then notified the concerned applicants of acceptance or rejection within aten day period from the date of submitting the relevant application.

The said Department shall provide the applicant whose applicationwas accepted with letters addressed to the Competent Departmentsconcerned in order to issue such analogous (similar) licences deemed nec-essary.

Any applicant whose application was rejected may bring a complaintagainst such rejection before the Competent Minister within a maximumperiod of 30 (thirty) days from the date of notifying him accordingly. Hemay further recover and recollect all the documents submitted by himincluding the letter of guarantee.

ARTICLESThe licence shall be valid for a two year renewable period. The

relevant renewal application shall be submitted at least two months before thesaid licence expiry date. The renewal application shall be subject to the samestipulations applicable to a fresh licence application for the first time.

ARTICLE 6The licensee shall carry on its activity under the control of the

Competent Department and its supervision. He shall maintain all the recordsand documents specified by the said Competent Department. Moreover. heshall comply with providing the same with any data or infonnation required

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on th~ specitic dates as fixed by it regarding any matters O( affairs of theexpatriates recruited and/or provided by it.

ARTICLE 7Exen:ising or carrying on of the said activities in any manner

whatsoever is strictly prohibited, unless a licence is issued in accordancewith the conditions and stipulations prescribed in these Rules & Regulations.

CHAPTER II

OFFICE OBLIGATIONS

ARTICLEST~e relationship between the office and the concerned employer shall

be organized by means of a written agreement-contract, which at least coversthe following particulars:

a) Preparation of the required manpower. the relevant area ofspecialization, qualifications, terms and condition with necessaryexpenence.

b) Th~ ~~ount of office fees duly collectible from the employer against thefacilities made to provide him within the required manpower.

c) The wage payable to labourer.

d) The duration (period) under which the office is held liable to provide theconcerned employer with the required manpower.

ARTICLE 9The office shall undertake. i.e. assume the responsibility to provide the

required labourer with a copy of the employer contract, duly covering thefollowing terms and conditions:

a) The type and nature of work agreed upon.

b) The nature of relevant employment contract, whether it is made for alimited or unlimited period (fixed or unfixed period) and the period ofnotice-warning agreed upon.

c) The amount of wage accepted by the labourer.

d) Any further conditions agreed upon between the employer and thelabourer, provided that conditions are not contradictory to law termsand stipulations.

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The 4mployer shall fix the terms of the laboureris employmentcontract upon his arrival in the country in conformity with the samecondtions already accepted by the labourer.

ARTICLE 10The recruitment office and the employer. both are prohibited to hold

the labourer liable to pay any amount of money whether directly or indirectlyagainst the mediation to bring him along from abroad, employ him or let himremain in service with the employer.

ARTICLE 11The recruitment office shall undertake to send the labourer back to his

country of origin at its own expense. besides being held liable to refund theamounts collected from the employer in the event of the following cases:

I. Failure to meet any of the fixed conditions required to be satisfied bythe labourer.

2. If it is established that the labourer is medically unfit.

3. If the labourer has rejected to assume his assigned duties.

4. If the security authorities have rejected the labourer in question.

5. If the labourer has failed to prove his efficiency during theproabationary period; and in general in the event of any reasons beyondthe employerfs control under which the labourer has failed to assumehis duties.

ARTICLE 12The responsibility of the recruitment-office as provided for in the

preceding article shall lapse and expire at a maximum period of 100 (onehundred) days or the probationary period stipulated in the relevantemployment contract. The said period shall be calculated with effect fromthe date of commencing the relevant duties.

ARTICLE 13-,The Ministry shall have right to pay the required amount from the

financial guarantee. provided for in Clause 4 of Article 3 hereof at the expenseof repatriating the labourer, i.e. sending him back to his country of origin if itis established that the recruitment-office has abstained from repatriating himin the event of the cases stipulated in Article 11 of these Rules & Regulations.

Moreover. the office in question shall undertake to complete the said

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amount of guarantee in the event of shortage within a maximum period ofone week from the date of ifvi .non ying him accordingly.

CHAPTER IIIPENALTIES & PUNISHMENTS

ARTICLE 14The licence issued in respect of a recruitment office shall be canceled

in the fOllowing cases:

J. Failure to satisfy any of the terms or conditions stipulated in Article 2 ofthese Rules & Regulations.

2. In case of violating the prohibition prescribed in Article 10 of theseRules & Regulations.

3. Failure to complete the shortage of the financial guarantee in accordancewith the provisions of Article 13 of these Rules & Regulations.

ARTICLE 15. Without prejudice to the provisions of Article 97 of Law No. 38 of

1964 In respect of th~ Private S.ector Labour Law, the relevant licence may besuspended for a maximum period of 6 (six) months if the recruitment-officeh~s violated the provisions of Article 9 of these Rules & Regulations; and the1I.lcen~e shall be completely canceled in the event of repeating the saidviolation.

ARTICLE 16. Without prejudice to any severer penalty prescribed, any person who

~lOlates the provision of Article 7 of these Rules & Regulations shall beliable to the punishments provided for in Article 97 of Law No. 38 of 1964referred to herein.

ARTICLE 17. A complaint against the resolutions suspending or cancelling a

lilcence may be before the Competent Minister within a week from the dateof.n~tifying the concerned office of such a resolution. Consequently, the saidMI~lster sh.all. have the right to accept or reject the application in question,besides notifying the concerned complainant (applicant) accordingly within amaximum period of Thrirty days from the date of such application wassubmitted.

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ARTICLE 18The application of the provisions stipulated under these Rules &

Regulations shal1 not prejudice any further provisions of the MinisterialResolutions issued in respect of organizing the Private Sector Labour Law.

ARTICLE 19

The licence issued in accordance with these Rules & Regulations isdeemed to be personal. Therefore it shal1 not be assigned or waived, unlessthe approval of the Competent Department is secure in respect of suchassignment; and as a condition it shall be valid only if the assignee hassatisfactorily fulfilled the stipulations prescribed in Article 2 of these Rules &Regulations.

ARTICLE 20The licence shall be expired by the death of the licensee.

Nevertheless, if may be devolved upon the heirs who comply with theconditions stipulated in Article 2 of these Rules & Regulations, if theconcerned parties have requested the same within a three month period fromthe date of the licenseeis death.

ARTICLE 21In the event of licensee devolution, upon death, to successors (heirs) in

conformity with the provisions of Articles 19 and 21 of these Rules &Regulations, all the liabilities and obligations of the original licensee, asprovided for in Article 11 hereof shall be transferred with.

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MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 117 OF 1997

The Minister of Social Affairs & Labour.

Having perused the Private Sector Labour Law No. 38/1964 and all itsamending laws thereof; and

The Decree promulgated on 7/1/1997 on the Ministry of Social Affairs &Labour functions and powers; and

The Ministerial Resolution No. 10811992 reconstituting the Labour Affair.Committee; and

The Ministerial Resolution No. 106/1994 on organization of the PrivateSector Labour and all its amendments thereof; and

The Ministerial Resolution No. 10711994 limiting the issue of labour permitwithin certain sectors; and

The Ministerial Resolution No. 11111995; and

Pursuant to the requirements of the public interest; and

Upon proposal of the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

The proVISIOn of the Article 14 of the Ministerial Resolution No.106/1994 and all its amendments thereof shall be replaced by the followingtext:

"The employer is held liable for hislher labourers duly permitted to. work for himlher during the entire period of work permit validity. Such a

work permit may not be transferred to another employer prior to the expiry ofone year provided that the employer in question has agreed accordingly. savein the following cases:

Dissolution. liquidation. lock-out. bankruptcy or merger of the firmwith another company or in the event of changing its legal entity ordevolution (transfer) bJ way of legacy. donation. sale, assignment or anyother means of legal disposal. provided that it is established and proved undera document issued by the Legal or Administrative Authority.

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ARTICLE 2Transfer of labourers from outside the Private Sector to the same

Sector may be made in respect of a labourer having a valid residence who hasbeen in the country for five years continuously in accordance with the rulesand regulations applied by the Ministry of Interior.

ARTICLE 3The Labour Affairs Committee at this Ministry shall be empowered to

discuss labour permit applications for the activities which are not subject tothe provisions of the Ministerial Resolution No. 107/1994, limiting labourpermits to certain sectors and then take the relevant necessary decisions. Anyfurther issues relating to implementation of Labour Organization Resolutionsin the Private Sector may be referred to the said committee for taking thenecessary action.

ARTICLE 4The Ministerial Resolution No-III of 1995 is hereby repealed.

ARTICLES

This Resolution shall be published in the Official Gazette and shall be

operative the date published. All competent staff shall implement this

resolution, each within the area of his concerned.

MINISTER OF SOCIAL AFFAIRS & LABOUR

AHMAD KHALID AL KULAIB

Issued on 8th Shawal, 1417 H.

Corresponding to: 15th February, 1997 AD

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LAW NO.2 OF 1997, AMENDING CERTAIN PROVISIONS OFLAW NO. 38 OF 1964 ON PRIVATE SECTOR LABOUR LAW

Having perused the Constitution; and

Law No. 38 of 1964 on Private Sector Labour Law, and its amending laws; and

Law No. 28 of 1969 on Oil Sector Labour Law; and

The Law Decree No. 15 of 1979 on Civil and all amending laws thereof; and

Law Decree No. 28 of 1980 promulgating the Law of Maritime Commerce; and

Law Decree No. 40 of 1992, organizing the Offices of Domestic Servants andthe like; and

The Decree promulgated on 4.4.1979, on the Civil Service System,

The National Assembly has ratified the following Law which we herebysanction and promulgate:

ARTICLE 1The provision of Article 2 of Law No. 38 of 1964 referred to hereof

shall be replaced by the following text:

'The domestic servants and labourers subject to the provisions of otherlaws are exempted from the application of this law provisionsi.

ARTICLE 2Clause (c) of Article 3 of the Law No. 38 of 1964 referred to herein

shall be repealed.

ARTICLE 3All Ministers, each within his jurisdiction, shall implement this Law.

AMIR OF KUWAIT,

JABER AL AHMAD AL SABAH.

Issued at Bayan Palace on 15th Zul Hijjah, 1417 H;

Corresponding to 22nd April, 1997 AD.

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MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 119 OF 1998

The Minister of Social Affairs & Labour,

Having pursed the Law No. 38/1964 on Private Sector Labour Law and all itsamendments thereof; and

The Ministerial Resolution No. 106/94 organizing the Private Sector Labour and allits amendments thereof; and

The Ministerial Resolution No. 107/94 limiting the issue of labour permits to certainsectors; and

Pursuant to the requirements of public interests; and

Pursuant to the proposal of the Undersecretary of the Ministry.

Hereby decides:

ARTICLE 1

The provision of Article 14 of the Ministerial Resolution No. 106 of 1994 with all itsrelevant amendments shall be replaced by the following text:

A work permit of a labourer residing in the country may not be transferred unless thefollowing conditions are satisfied:

I. A lapse of two continuous years with the last employer and provided that thetransfer is made for one time only.

2. Securing the approval of the employer with whom a labourer works.

3. Provided that a labourer had entered the country prior to the issuance of thisresolution.

ARTICLE 2

In compliance with the provision of Clause 3 of the preceding article a transfer maybe made from outside the private sector to the same sector for those who havecompleted two years of a continuous residence in the country, in accordance with therules & regulations applied by the Ministry ofInterior.

ARTICLE 3

The following cases are exempted from the provisions of the preceding two articles:

222

I. The dissolution, liquidation, bankruptcy or mergery of a c~mpany withanother company or in the event of changing its legal status, entity or transferby means of inheritance, succession, legacy, donation, sale or in case of suchother legal disposal, alienation or assignment, provided that such act is provedby an official instrument or deed, duly issued by a judiciary or administrativeauthority.

2. Kuwaiti women husbands of other nationals.

3. Transfer of work permits of professionals, licenced craftsmen & companynon-Kuwaiti partners to the private sector.

4. The withdrawal of a government project from one of the contractorsconcluding contract with the government with adjudication of the same toanother contractor or in the event of completion of the government project andcommencements of a similar project at the same government authority orothers. In such a case the transfer shall be made in respect of all or part of thelabourers of the previous project, pursuant to the request of the successfulcontractor (adjudicate), provided that the provision of Article 2 of theMinisterial Resolution No. 107/94 is complied with.

5. Transfer of work permits of labourers working in the Private Sector to the'.government sector and vice versa, provided that the approval of the twoconcerned parties or authorities is secured.

6. Transfer of work permits of Private Sector labourers from within to the outsideprivate sector, provided that the rules & regulations applied by the Ministry ofInterior are observed and complied with.

ARTICLE 4

The Committee set-up at each of the Labour Departments shall continue to review thework permit applications, and then take the relevant necessary decision accordingly.Moreover, any further issues relating to a work permits may be referred to the saidCommittee for the purpose of taking the necessary action.

ARTICLES

The Ministerial Resolution No. 118/98 shall be repealed.

ARTICLE 6

This Resolution shall be published in the Official Gazette, and shall be operative 1st

June, 1998. All concerned shall implement it, each within the area of his jurisdiction.

MINISTER OF SOCIAL AFFAIRS & LABOURMINISTER OF STATE FOR HOUSING AFFAIRSJASSIM MOHD. AL AOUN

Issued on: 6th Safar, 1419 A.H.Corresponding to: 1st June, 1998 AD.

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MINISTERIAL RESOLUTION NO. 121 OF 1998

The Minister of Social Affairs & Labour,

Having perused the Private Sector Law No. 38 of 1964 and all its amendmentsthereof; and

The Decree promulgated on 7.1.1979 concerning the functions and powers of theMinistry of Social Affairs & Labour; and

The Ministerial Resolution No. 106/94 organizing labour on the Private Sector and itsrelevant amendments; and

Pursuant to the requirements of public interests; and

Upon the proposal made by the Undersecretary of the Ministry.

Herebydecides:ARTICLE 1

The provision of Article 11 of the Resolution No. 106/1994 shall be amended to readas follows:-

The employer shall not employ non-Kuwaiti labourers, unless they have obtainedwork permits from the Competent Department to work with him. Furthermore, noemployer may bring from abroad or locally employ labourers, whom he doesintentionally entrust with no duties to commence work with him or permit them towork with third parties or states that he is not actually in need of them. However, inthe event of violating the provisions of this article, apart from the penalties providedfor in Articles 97 and 98 bis of the Private Sector Labour Law No. 38 of 1964, thework permit issued in respect of such labourers shall be cancelled and they shall bedeported to their country at the expense of the employer with whom they were foundworking. Moreover, any additional requirements of labour for either of these twoemployers shall be suspended for not less than a six month period, bearing in mindthat the provision of Article 21 ofthis resolution shall be complied with.

ARTICLE 2

This Resolution shall be operative the date issued and it shall be published in theOfficial Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOUR &MINISTER OF STATE FOR HOUSING AFFAIRSJASSIM MOHD. AL AOUN

Issued on: 11thRabi Akher, 1419 A.H.Corresponding to: 4th August, 1998 AD.

224

MINISTERIAL RESOLUTION NO. 123 OF 1999,AMENDI~~ ~ERTAIN PROVISIONS OF RESOLUTION NO. 106 OF 1994

RGANIZA TION OF PRIVATE SECTOR LABOUR

The Minister of Social Affairs & L ba our,

Having perused the Private Sector Labour Law No. 38/64 and all amending lawsthereof; and

!he Mini~terial Resolution No. 106/94 organizing the Private Sector Labour and allIts amending Laws; and

The Ministerial Resolution No. 107/94 on limitation of work permits to certainSectors; and

Pursuant to the public interest requirements; and

Upon the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

The provisions of Articl~ 14 of the Ministerial Resolution No. 106/94 and itsamendments shall be substituted by the following provisions:

Wor~ .Permit Tr~sfer of a resident labour may not be made, unless the followinconditions are satisfied: g

a. A lapse of two continuous years with the last employer.b. To secure the approval of his said employer.

ARTICLE 2

~o transfer t~ other sectors shall ~ made from a non-classified Transport or BuildingC~nst~ct~on Sector. However, ill such a case, the transfer shall be limited to and

apphed WIthin the same Sector

ARTICLE 3

~ famil~-supporter-joining-resi~ence of a person who has resided in the country forIVecontinuous years may be transferred to the Private Sector.

ARTICLE 4

"[he transfer stipu.la.tion specified in Article I hereof shall not include the domesticabourers and/or visit-card holders to be transferable within the Private Sector.

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The following cases shall be exempted from the provisions of Clause "a" hereof:

I. Holders of bachelors' and postgraduate degrees, but without prejudice to thestipulation of clause "b" of Article" l " hereof.

2. Dissolution, liquidation, bankruptcy or merger of the firm with anotherestablislunent or changing its legal status, entity or in case of its devolution bymeans of inheritance, legacy, bequest, donation, sale, assignment or any suchother legal means of disposals or alienation, provided that such a fact isestablished and proved by an evidential deed duly issued by a judicial oradministrative authority.

3. Husbands and children of Kuwaiti women from non-Kuwaiti nationals.

4. Transfer of work permits of professionals, licensed Tradesmen and Companynon Kuwaiti Partners and Shareholders to the Private Sector.

5. Withdrawal of a government project from a contracting party entering intoagreement with a governmental party and awarding it to another contractor orif the government project has been completed and another similar project hascommenced to be implemented within the same or other governmentauthority. In such a case the entire total or part of the former project labourersshall be transferred on the basis of a request submitted by the successfultenderer to whom the project was awarded, provided that the stipulations ofArticle "2" of the Ministerial Resolution No. 107/94 are observed and abidedby.

6. Transfer of work permits of Private Sector Labourers to the GovernmentSector and vice-versa, provided that the approval of both parties is secured.

7. Transfer of work permits of Private Sector Labourers to outside the sector,provided that the applicable and regulations of the Ministry of Interior areabided by.

The Work Permit Committee of each Labour Department shall continue in reviewingthe work permit applications and taking the relevant necessary resolutions, besidesother issues relating to the work permits referred to them.

The Assistant Undersecretary of Labour Affairs shall submit a monthly report to theUndersecretary duly covering the works of the said Committees.

The Ministerial Resolution No. 119/98 shall be repealed.

This resolution shall be published in the Official Gazette and shall be operative asfrom 1.9.1999.

226

1\11 competent staff c. . di oncemed shall implement this resolution, each within hisjuns iction,

MINISTER OF COMMERCE & INDUSTRY ANDMINISTER OF SOCIAL AFFAIRS & LABOURABDUL WAHAB MOHD AL WAZZAN

Issued on: 131hJamad Al Awal1420 A H'Corresponding to: 241hAugust, 1999 A:D:

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MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 151 OF 1999REFORMING THE HIGHER ADVISORY COMMITTEE OF

LABOUR AFFAIRS

The Minister of Social Affairs & Labour,

Having seen the Private Sector Labour Law No. 38/64 and its relevant amendments;particularly Articles 92 and 93 thereof; and

The Decree promulgated on ih January, 1979 governing the functions and powers ofthe Ministry of Social Affairs & Labour; and

The Ministerial Resolution No.6 of 1966, organizing the Higher Advisory Committeeof Labour Affairs and its relevant procedure of work; and

The Ministerial Resolution No. 41 of 1995, reforming the Higher AdvisoryCommittee of Labour Affairs; and

The Ministerial Resolution No. 104 of 1995, duly amending certain provisions ofResolution No. 41 of 1995; and

Pursuant to the requirements of Public interest; and

In conformity with the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

The Higher Advisory Committee of Labour Affairs shall be reformed in the following

manner:

a. Government Part:

1.2.

The Minister of Social Affairs & LabourThe Undersecretary of Ministry of Social Affairs &LabourAssistant Undersecretary for Labour AffairsMinistry of Interior's Representative .Ministry of Commerce & Industry'S RepresentauveMinistry of Planning's RepresentativeMinistry of Justice's RepresentativeMinistry of Health's RepresentativeDirector ofIndividual Labour Relations Department

ChairmanDeputy Chairman

3.4.5.6.7.8.9

MemberMemberMemberMemberMemberMemberMember and Reporter

228

b. Business owners:

Two members from Kuwait Chamber of Commerce & Industry, provided thatone of them represents the Kuwaiti Contractor's Union.

c. Labourers:

Two labourers from General Trade Union of Kuwait, provided that one ofthem represents the Oil Sector.

d. Experts specialized in the area of labour affairs.

Two Expert - Members from the Community, adequately specialized in labourarea.

ARTICLE 2

The Committee is empowered to perform the following functions:

1. Studying the conditions of expatriates labourers within the country,besides submitting the proposals and measures deemed necessary torealize the required demographical structure balance and to maintain thesecurity and stability of the community.

2. To study and consider the practical techniques, methods and measureswhich lead to development of national manpower, and increase itscontribution to the Private Sector Labour market, and meanwhile toencounter and surmount any difficulties which may face up the realizationof this objective.

3. To give advice and express opimons in labour legislations and theirrelevant resolutions in manner realizing the state's objectives, the publicinterest, besides suiting any new developments occur in the KuwaitiSociety with the International obligations of the State of Kuwait.

4. Developing and simplifying work systems and procedure in conformitywith the country manpower requirements in order to meet the labourdemands of companies and firms, and meanwhile achieve completing andfinalizing the citizens transactions and applications easily and simply.

5. Revising all the reports drawn up by the Competent Committee at theMinistry. regarding Arab and International Labour Agreements andConventions in order to find out whether we are abiding by them or not,including the revision of the reports covering the comments made by theExpert Committee of Conventions Implementation, and therecommendations submitted in respect of Arab and InternationalAgreements of which the State of Kuwait is bound or adhered to.

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___ ' --0 ~'"- -·--T'-' aT1 U~J\~.v\7J. 'i0~lIUIl" VV1II\;OII C:tfi

referred to Committee and consequently submit the relevant suitableproposals.

ARTICLE 3

The Committee may compose and set up specialized Technical Work Teams fromamong its members and from some of the labour area and development experts. Itmay also seek the assistance of any competent person it may deem suitable to give anappropriate advice or opinion in any issue relating to the work of the Committee.

ARTICLE 4

The Committee shall hold meting, at least once every once every two months, underinvitation extended by its Chairman. The Deputy Chairman shall assume theresponsibilities and functions of the Chairman in the event of his absence.

The invitation letter shall include the agenda and the documents of the relevant topics.It must be dispatched at least one week prior to the date of the meeting.

ARTICLE 5

The Committee meeting shall be deemed valid, with a present quorum if attended bythe Chairman or his Deputy, two members on the part of government, one member onthe part of employers and one member on the part of Labourers.

The Committee resolutions shall be adopted and passed by the absolute majority voteof the attendees i.e. the attending members unanimously, provided that a trinaryrepresentation is observed and applied, i.e. two government-votes, one employer-voteand one Labour-vote.

ARTICLE 6

This Resolution shall be operative the date published in the Official Gazette, andevery concerned shall be notified of for implementation.

MINISTER OF COMMERCE & INDUSTRYMINISTER OF SOCIAL AFFAIRS & LABOURABDUL WAHAB lVIOHAMED AL-WAZZAN

Issued on: 13th Jamad Al Awal, 1420 A. H;Corresponding to: 24th August, 1999 AD.

230

MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO.6 OF 2000PROCLAIMING THE KUWAITI UNION OF PUBLICITY &

ADVERTISING COMPANIES AND EST ABLISHEMTNS OWNERS,

The Minister of Social Affairs & Labour,

Having seen the Law No. 38 of 1964 on Private Sector Labour and all its amendingMinisterial Resolution; and

The Decree issued in January, 1979 on the powers and functions of the Ministry ofSocial Affairs & Labour; and

The Incorporation documentation submitted by the founders of the Kuwaiti Union ofPublicity & Advertising Companies & Establishments owners; and

Pursuant to the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

The Kuwaiti Union of Publicity & Advertising Companies & Establishments ownersduly registered under No. 51 in the Ministry's Records is hereby proclaimed.

ARTICLE 2

This Resolution shall take effect as from 28112/1999 and shall be published in theOfficial Gazette.

MINISTER OF COMMERCE & INDUSTRY &MINISTER OF SOCIAL AFFAIRS & LABOURABDUL WAHAB MOHD. AL WAZAN

Issued on: 28th Ramadan. 1420 A.H.Corresponding to: 5th January, 2000 AD.

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MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO.7 OF 2000PROCLAIMING THE UNION OF COMPANIES & OWNERS OF

DRIVING SCHOOL ESTABLISHMENTS

The Minister of Social Affairs & Labour,

Having seen the Law No. 38 of 1964 on Private Sector Labour and all its amendingMinisterial Resolution; and

The Decree issued in January, 1979 on the powers and functions of the Ministry ofSocial Affairs & Labour; and

The Incorporation documentation submitted by the founders of the Kuwaiti Union ofDriving School Companies & Establishments owners; and

Pursuant to the proposal made by the Undersecretary of the Ministry,

Herebydecides:

ARTICLE 1

The Union of Driving School Companies & Establis~ents Owners, duly registeredunder No. 50 in the Ministry's Records is hereby proclauned.

ARTICLE 2

This Resolution shall be operative 28/12/1999 and shall be published in the Official

Gazette.

MINISTER OF COMMERCE & INDUSTRY &MINISTER OF SOCIAL AFFAIRS & LABOURABDUL W ARAB MOHD. AL WAZAN

Issued on: zs" Ramadan. 1420 A.H.Corresponding to: 5th

• January, 2000 AD.

232

MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 127 OF 2000ON NON APPLICATION OF CERTAIN PROVISIONS

OF THE MINISTERIAL RESOLUTION NO. 123/99

The Minister of Social Affairs & Labour,

Having seen the Private Sector Labour Law No. 38/64 and its amendments; and

The Decree promulgated on 7/111979 on the jurisdiction and powers of the Ministryof Social Affairs & Labour; and

Ministerial Resolution No. 106/94 organizing the work in the Private Sector and itsamendments; and

Ministerial Resolution No. 107/94 restricting work permit to certain sectors and itsamendments; and

Pursuant to the requirements of work interest; and

Pursuant to the proposal made by the Ministry Undersecretary,

Hereby decides:

ARTICLE 1

The provisions of Articles 1, 2 & 3 of the Ministerial Resolution No. 123/99 shall besuspended and no longer be applicable. Moreover, the provisions of Article 2 of theMinisterial Resolution No. \07/94 shall also be suspended for the period as from1.3.2000 up to 31.5.2000.

ARTICLE 2

The suspension provided for in Article I of this resolution shall not be applicable toparagraph (b) of Article 1 of the Ministerial Resolution No. 123/99, and also toparagraph (b) of Article 2 of the Ministerial Resolution No. 107/94, besides it shallnot be applicable to those who entered the country after promulgation of theMinisterial Resolution No. 123/99.

ARTICLE 3

This Resolution shall be published in the Official Gazette and shall be operative thedate published. All competent parties concerned shall implement it, each within hisjurisdiction.

MINISTER OF COMMERCE & INDUSTRYAND MINISTER OF SOCIAL AFFAIRS & LABOURABDUL WAHAB MOHD. AL WAZAN

Issued on: 16th Zul Qaida, 1420 A.H.Corresponding to: 21 st February, 2000 AD.

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MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 129 OF 2000EXTENDING VALIDITY PERIOD OF PROVISIONS OF

MINISTERIAL RESOLUTION NO. 127/2000

The Minister of Social Affairs & Labour,

Having seen the Private Sector Labour Law No. 38/64 with all its relevantamendments; and

The Decree promulgated on 7.1.1979 on jurisdiction and powers of the Ministry ofSocial Affairs & Labour; and

The Ministerial Resolution No. 106/94 organizing the Private Sector Labour and allits relevant amendments; and

The Ministerial Resolution No. 107/94 restricting the issuance of work permits tocertain sectors and all its relevant amendments; and

The Ministerial Resolution No. 12712000 on the stay of execution of certain provisionof the Ministerial Resolution No. 123/99; and

Pursuant to the requirements of work interest; and

In conformity with the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

The provisions of the Ministerial Resolution No. 127/2000 on the stay of execution ofcertain provisions of the Ministerial Resolution No. 123/2000 shall remain applicableuntil 1/10/2000.

ARTICLE 2

All concerned, each within his jurisdiction shall implement this resolution which shallbe published in the Official Gazette and shall be operative the date published.

MINISTER OF COMMERCE & INDUSTRYAND MINISTER OF SOCIAL AFFAIRS & LABOURABDUL WAHAB MOUD. AL WAZAN

Issued on 27th Safar, 1424 A.H.Corresponding to: 31st May, 2000 AD.

234

MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 130 OF 2000ON THE S}' AY OF EXECUTION OF CERTAIN PROVISIONS OF

MINISTERIAL RESOLUTION NO. 123/99

The Minister of Social Affairs & Labour ,

Having seen the Private Sector Labour Law No. 38/1964 and its relevantamendments; and

The D~cree p~omulgated on 7/1/1979 on the powers and jurisdiction of the Mi .of SOCIalAffairs & Labour; and rnstry

The Ministerial Resolution No. 106/94 organizing the Private Sector Labo .relevant amendments; and ur and Its

The Ministerial Resolution No. 107/94 restricting work permit to rtai dce am sectors; an

Pursuant to the requirements of work interest; and

In conformity with the proposal made by the Ministry Undersecretary,

Hereby decides:

ARTICLE 1

The ~rovisio~~ of the Ministe~i~l R~solution No. 127/2000 on the Stay of Execution ofcert~m ProVISIOns of the Ministerial Resolution No. 123/99 shall continue to beapplicable up to 31.3.2001.

ARTICLE 2

:nus Resol~tion shall be published in the Official Gazette and all concerned shallImplement It, each within his jurisdiction.

MINISTER OF COMMERCE & INDUSTRY ANDMINISTER OF SOCIAL AFFAIRS & LABOURABDUL WAHAB MOHD.AL W AZAN

Issued on 2ih Jumad Al Akher, 1421 A.H;Corresponding to 25th September, 2000 AD

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MINISTERIAL RESOLUTION NO. 131 OF 2000

The Minister of Social Affairs & Labour,

Having seen the Law No. 38/64 on Private Sector Labour Law and all its relevantamendments; and

Decree promulgated on 7/1/1979 covering functions and powers of the Ministry ofSocial Affairs & Labour; and

Ministerial Resolution No. 106/94, organizing works in the Private Sector with all itsrelevant amendments; and

Ministerial Resolution No. 107/94 restricting the issuance of works permit to certainsectors; and

In compliance with the requirements of the work interest; and

Pursuant to the proposal made by the Undersecretary of the Ministry,

Hereby decides:ARTICLE 1

The application of Article 4 provisions of the Ministerial Resolution No. 123/99 ondomestic servants shall stay until the expiry of the grace period granted in conformitywith the Ministerial Resolution No. 130/2000 on 31.3.2001.

ARTICLE 2

The domestic servants stated in Article I of this resolution may be transferred,provided that the following conditions are satisfied:

1. If the domestic servants work for the same sponsor.2. If the domestic servants complete one full year residence in the country.3. If the sponsor approves the transfer.

ARTICLE 3

This resolution shall be operative the date issued and it shall be published in theOfficial Gazette, and all concerned shall implement it, each within his jurisdiction.

MINISTER OF COMMERCE & INDUSTRY ANDMINISTER OF SOCIAL AFFAIRS & LABOURABDUL WAHAB MOHD. AL WAZAN

Issue onCorresponding to

: iz" Shaban,. 1421 A.H.: 8th November, 2000 A.D.

236

MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 132 OF 2000ON THE EST ABLISHEMENTS AND ABIDED BY THE PROVISIONS OF

THE PRIVATE SECTOR LABOUR LAW AND ALL IMPLEMENTINGMINISTERIAL RESOLUTIONS THEREOF

The Minister of Social Affairs & Labour,

Having seen the Private Sector Labour Law No. 3811964 with its relevantamendments; and

The Decree promulgated on 7/1/1979 determining the jurisdiction of the Ministry ofSocial Affairs & Labour; and

The Ministerial Resolution No. 106/94 organizing the Private Sector Labour with itsrelevant amendments; and

The ~inisterial Resolution No. 107/94 restricting the issuance of work permits tocertain sectors ; and

Pursuant to the requirements of work interest; and

In conformity with the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

The Undersecretary of the Ministry shall be authorized to consider laying down therules and measures facilitating the procedures of the companies proved to be abidedby the provision of the Private Sector Labour Law No. 38/64 and all its relevantamendments and the Ministerial Resolutions governing its implementation.

ARTICLE 2

This Resolution shall be published in the Official Gazette and all concerned shallimplement it, each within his jurisdiction. ' ,

MINISTRY OF COMMERCE & INDUSTRY ANDMINISTER OF SOCIAL AFFAIRS & LABOURABDUL WAHAB MOHD.AL WAZAN

Issued on 30th Ramadan, 1421 A.H;Corresponding to 26th December, 2000 AD

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MINl~TK Y Olf SUCIAL A A S & LAIJUUK

MINISTERIAL RESOLUTION NO. 136 OF 2001ON ISSUING WORK PERMITS

The Minister of Social Affairs & Labour,

Having seen the Private Sector Labour Law No. 38/1964 and its relevantamendments; and

The Decree. promulgated on 71111979 concerning the jurisdiction and powers of theMinistry of Social Affairs & Labour; and

The Ministerial Resolution No. 90198 on the basis of labour assessment for PrivateSector business activities; and

The Ministerial Resolution No. 106/94 organizing the Private Sector Labour and itsrelevant amendments; and

The Ministerial Resolution No. 107/94 restricting work permits to certain sectors; and

Pursuant to the requirements of work interest; and

In conformity with the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

The Competent Work Departments shall be authorized to issue work permits afterapproval of the relevant applications by the Need Assessment Section or by theAssessed Labour Section which are reporting to it for the following activities:

I. Employers bind by Governmental Contracts

2. Fully Government owned companies or companies in which the Governmentis contributing.

3. Hospitals, Medical Centers, Private Clinics, Pharmacies and Laboratories.

4. Banks, Insurance and Investment Companies

5. Hotels

6. Private Schools and Kindergartens

7. Clubs, Unions, Charity Societies and Co-operative Societies.

8. Industrial firms.238

9. Airline Companies (A·irways Agents)

10. Marine Shipping Agents

II. Consultants Offices

12. Foreign Information Broadcasting Station Offices

13. Hunting, Agriculture and Pasture.

14. Newspaper Houses

15. Automobile Agents

16. Opticians (professional Skilled Labour)

17. Money ~xchange Companies approved by and registered at the Central B nkof Kuwait, a

18. Private Education and Training Institutes registered with the Ministry ofEducation (Teaching Professions and the like).

Other activiti.es duly considered by the Undersecretary of the Ministry inaccordance with a memorandum submitted by the Labour Affairs Committee.

19.

ARTICLE 2

The Work .Permits Co~mittee already formed at the Competent Labour Departmentsshall exa~Ine and. consider the work permit applications for other activities which arenot provided for In the aforesaid Article, in the light of the Circulars issued in thisrespect.

ARTICLE 3

The Ministerial Resolution No. 107/94 restricting the issuance of work permits tocertain sectors shall be repealed.

ARTICLE 4

!he resolut~on shall be immediately operative the date issued and shall be publishedIn the Official Gazette. All concerned shall implement it and abide by each within hisjurisdiction. '

MINISTER OF COMMERCE & INDUSTRY ANDMINISTER OF SOCIAL AFFAIRS & LABOURABDUL WAHAB MOHD.AL WAZAN

Issued on 5th Zul Qaida, 1421 A.H;Corresponding to 29th January, 2001 AD

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------------ -- -~MINISTERIAL RESOLUTION NO. 44 OF 2001AMENDING CERTAIN PROVISIONS OF THE

MINISTERIAL RESOLUTION NO. 5111981 ON THECOLLECTIVE LABOUR DISPUTES RECONCILIATION COMMITTEE

The Minister of Social Affairs & Labour,

Having seen the 0 Private Sector Labour Law No. 38 of 1964; and

The Ministerial Resolution No. 51/81 on the Collective Labour DisputesReconciliation Committee; and

The Ministerial Resolution No. 52/81 amending certain provisions of the MinisterialResolution No. 51/81 on the Collective Labour Disputes Reconciliation Committee;and

Pursuant to the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

The provision of Article 1 of the Ministerial Resolution No. 51 of 1981 shall bereplaced by the following text:

The Collective Labour Dispute Reconciliation Committee shall be formed as follows:

1. Asst. Undersecretary for Labour Affairs or whomever heauthorizes as :

2.3.

Labour Relations Department Manager as:The Labour Dept. Manager within whose jurisdiction the

sites of the two disputing parties are located orwhomever he Authorizes as:Head of the Collective Reconciliation Section as:

The Employer or whomever he authorizes (within a limitof3 authorized persons) as:

One or more labourer Representatives (within a limit ofthree persons) as:A Legal Researcher from the Legal Affairs Department as:

The Legal Consultant of Office of Asst. Undersecretaryfor Labour Affairs as:

4.5.

6.

7.8.

Chairman

Deputy Chairman

MemberMember

Member

MemberMember

Reporter

The meeting of the Committee shall be deemed legally valid if the two of the disputeparties or whomever they authorize are present, besides the Committee Chairman.

240

ARTICLE 2

The Mi~isterial Resolution No. 52/81 amending certain provisions of the MinisterialResolution No. 51/81 on the Collective Labour Disputes Reconciliation Committeeshall be repealed.

ARTICLE 3

This ~esolut~on shall be effective the date promulgated, and it shall be published in theOfficial Gazette.

MINISTER OF ELECTRICITY & WATER ANDMINISTER OF SOCIAL AFFAIRS & LABOURTALAL MUBARAK AL AYAAR

Issued on 51h Zul Hijja, 1421 A. H;Corresponding to 281h February 2001 AD.

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STRYUF SU IAL AFFAIRS & LAB

MINISTERIAL RESOLUTION NO. 140 OF 2001CONCERNING STAY OF EXECUTION OF CERTAIN PROVISIONS OF

THE MINISTERIAL RESOLUTION NO. 13512001

The Minister of Social Affairs & Labour,

Having seen the Private Sector Labour No. 38/64 with all its relevant amendments;and

The Decree promulgated on 71111979 on the jurisdiction and powers of the Ministryof Social Affairs & Labour; and

The Ministerial Resolution No. 106/94 organizing the Private Sector Labour with allits relevant amendinents; and

The Ministerial Resolution No. 135/2001 concerning the transfer of work permits; and

The Ministerial Resolution No. 136/2001 on the issuance of work permits; and

In conformity with the requirements of the work interest; and

Pursuant to the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

The operation of Paragraph "a" provisions of Article "I" of the Ministerial ResolutionNo. 135/2001 shall be suspended for the period as from 21.8.2001 upto 21.11.2001.

ARTICLE 2

In exemption to the prOVISIOn of Article "2"of the Ministerial Resolution No.135/2001, a dependent residence may be transferred to the Private Sector for thosewho completed one full successive year in the country during the period prescribed inArticle "I" of this resolution in conformity with the applicable rules and regulationsof the Ministry oflnterior.

ARTICLE 3

The provisions of this resolution shall be applicable in respect of those who hadalready secured a valid work permit and residence prior to the promulgation of thisresolution.

242

ARTICLE 4

JhiS R~~?lution shall be published in the Official Gazette and shall be operative theate pu ished, All concerned, each within his jurisdiction, shall implement it.

MINISTER OF ELECTRICITY & WATER ANDMINISTER OF SOCIAL AFFAIRS & LABOURTALAL MUBARAK AL AYY AR

Issued on 2nd Jumad AI Awal, 1422 A. H;Corresponding to: 21 SI August, 2001 AD.

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MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 141 OF 2001EXTENDING THE VALIDITY OF THE

MINISTERIAL RESOLUTION NO. 139/2001

The Minister of Social Affairs & Labour,

Having seen the Law No. 38 of 1964 on Private Sector Labour with all its relevantamendments; and

The Decree promulgated on 7.1.1979 on the jurisdiction and powers of the Ministryof Social Affairs & Labour; and

The Ministerial Resolution No. 106/94 organizing the Private Sector Labour with itsall relevant amendments; and

The Ministerial Resolution No. 135/2001 on work permits transfer; and

The Ministerial Resolution No. 136/2001 concerning the issuance of work permits;and

The Ministerial Resolution No. 139/2001 on domestic servant residence transfer, and

The Ministerial Resolution No. 1401200 I suspending the operation of certainprovisions of the Ministerial Resolution No. 1351200 I; and

In conformity with the requirements of the work interest, and

Pursuant to the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

The operation of the provisions of the Ministerial Resolution No. 139/2001 on th.ePrivate Sector domestic servants labour shall continuously proceed on until21.11.2001.

244

ARTICLE 2

This resolution shall be operative the date promulgated, and it shall be published inthe Official Gazette. All concerned shall implement it, each within his jurisdiction.

MINISTER OF ELECTRICITY & WATER ANDMINISTER OF SOCIAL AFFAIRS & LABOURTALAL MUBARAK AL AYY AR

Issued on 151h Rajab, 1422 H;Corresponding to : ?nd October, 2001 AD.

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MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 133 OF 2003AMENDING CERTAIN PROVISIONS OF

THE MINISTERIAL RESOLUTION NO. 144 OF 2001

The Minister of Social Affairs & Labour,

Having seen the Law Decree 1511979 on Civil Service; and

The Decree Promulgated on 7.1.1979 on the jurisdiction and powers of Ministry ofSocial Affairs & Labour; and

Civil Service Commission Resolution No. I of 1983 on compensation forGovernmental Authorities Committees sessions; and

Law No. 38/64 organizing work in the Private Sector and Oil Sector Labour Law No.28/69; and

The Ministerial Resolution No. 106/94 organizing the Private Sector and all itsrelevant amendments; and

The Ministerial Resolution No. 13512001 on transfer of work permits; and

Ministerial Resolution No. 144/2001 re-forming the Individual Works DisputesCommittee; and

In conformity with the requirements of the public interests, and

Pursuant to the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

Paragraph 4 of Article 2 of Ministerial Resolution No. 14412001" re-forming theIndividual Works Disputes Committee shall be amended to read as follows:

a. The Individual Works Disputes Committee shall be authorized to studyand consider the humanitarian cases & work permit and applicationsreferred to it by the Undersecretary of the Ministry and AssistantUndersecretary for Work Affairs and then take the necessary actionaccordingly.

b. The Undersecretary of the Ministry shall be authorized to take whatever hedeems suitable regarding the cases stipulated in Clause (a) of this Articlein respect of which a memorandum of opinion has been submitted by theIndividual Works Disputes Committee.

246

ARTICLE 2

AH concerned, each within his jurisdiction, shall implement this Resolution whichshall be operative immediately issued and shall be published in the OfficialGazette.

MINISTER OF FOREIGN AFFAIRS& ACTING MINISTER OF SOCIAL AFFAIRS & LABOURDR. MOUD, SABAU AL SALEM AL SABAU

Issued on 21"Jamad AI Awal, 1424 A.H.Corresponding to : 21 SI July, 2003 AD.

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ABOlJRSTRVUF IAr: AFFAIR

MINISTERIAL RESOLUTION NO. 151 OF 2004

The Minister of Social Affairs & Labour,

Having seen the Private Sector Labour Law No. 38 of 1964 and amending its lawsthereof; and

Labour Law No. 28 of 1969 on Oil Sector; and

The Decree promulgated on 7lh January, 1979 on the jurisdictions and powers of theMinistry of Social Affairs & Labour; and

In conformity with the requirements of the public interests, and

Pursuant to the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

In accordance with the provisions of Article 46 of the Private Sector Labour Law,every employer who engages labourers to work in areas far from the residential areasshall provide them with suitable accommodations, potable water and means of foodsupplies.

ARTICLE 2

The following areas are deemed to be far from the residential areas:

a. All Kuwaiti Islands

b. Work' sites which are far from the nearest populous area by more than 50 km.

ARTICLE 3

The relevant distance shall be measured from the last terminal of the nearestresidential area located in the main roads leading to the work sites.

ARTCILE4

This Resolution shall be applicable to the work sites where the duration of the worklasts for more than 6 months.

248

ARTICLE 5

~hoever ~iolat:s the provisions of this resolution shall be subject to th I .stipulated In Article 97 of the aforesaid Labour Law. e pena ties

ARTICLE 6

All conce~ed parties sh~1l implement this resolution which shall be 0 .the date of Its promulgation and it shall be published in the Offi . I G perative as fromcia azette.

MINISTER OF SOCIAL AFFAIRS & LABOURFAISAL MOHD. AL HAJJI BUKHADOUR

Issued on 16lh Muharam, 1425 A.H.Corresponding to : i~March, 2004 AD.

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ADMINISTRATIVE RESOLUTION NO. 156 OF 2005

The Undersecretary of the Minister of Social Affairs & Labour,

Having seen the Private Sector Labour Law No. 38/64 and its amendments; and

The Ministerial Resolution No. 106/94 organizing the Private Sector Labour and itsrelevant amendments; and

The Ministerial Resolution No. 134/200 I concerning amounts withdrawal from theFinancial Guarantee and its relevant amendments; and

The Ministerial Resolution No. 13512001 on the transfer of Work Permits; and

The Ministerial Resolution No. 13612001 concerning the issuance of Work Permits;and

Pursuant to the requirements of work interest;

Hereby decides:

ARTICLE 1

All Private Sector Companies & Employers shall comply with the payment ofworkers salaries & wages in the prescribed dates. However, in case of delaying thepayment of such salaries & wages for a fifteen day period as from the due date ofpayment, the Ministry shall have the right to take the following measures:

1. To withdraw from the financial guarantee in accordance with theprovisions of the Ministerial Resolution No. 134/200 I for payment of thedue wages of those workers.Suspending the file of the defaulting employer until he rectifies suchviolation.Calling upon and advising the concerned authorities including the CentralTenders Committee, not to deal with the violating employer in the future.

2.

3.

ARTICLE 2

This Resolution shall be immediately operative the date promulgated and allconcerned shall implement it, each within his jurisdiction and it shall be published inthe Official Gazette.

THEUNDERSECREATRYMINISTRY OF SOCIAL AFFAIRS & LABOUR

Issue onCorresponding to

: 21st Rabie Awal ,.1426 A.H: 30th April, 2005 AD.

250

MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 159 OF 2006

The Minister of Social Affairs & Labour,

Having seen the Private Sector Labour Law No. 38 of 1964; and

The Law No. 17 of 1959 on Aliens Residence and the executive bylaw thereto; and

The Council of Ministers Resolution No. 1156 promulgated on 10.10.2004 and itsrelevant amendments; and

Resolution No. 15512004 on transfer of the visiting cards for the purpose of workingin the private sector; and

The Ministerial Resolution No. 134 of 2001 on the Financial Guarantee rules &regulations in respect of the Private Sector employees and the authorization forwithdrawing from that guarantee; and

The Ministerial Resolution No. 135 of2001 on transfer of work permits; and

The Minutes of meeting of the Permanent Committee for Organizing the PrivateSector Expatriate Manpower Situations which was held on 28.3.2006; and

Upon the requirements of the work interest, and

Pursuant to the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

A Visit card may be transferred into a work permit in accordance with the followingstipulations:

I. The applicant should be holder of a University Degree which is in linewith the required profession and activity.

2. Collecting an additional fee of KD 2001- for each labour approval of atransferee.

3. Observing the Ministry of Social Affairs & Labour applicable rules andregulations regarding the procedure for adding new employees to therelevant file, besides complying with the provisions of the Private SectorLabour Law No. 38/64 and the National Manpower Support Law No.1912000 and the Ministerial Resolution issued in respect of theirimplementation.

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4. The labourer should be medically fit according to the Ministry of Healthapplicable check up procedure.

ARTICLE 2

The employers who are engaged in certain contracts for implementing urgentcontingent governmental projects of a period less than 9 month and they are in needof recruiting manpower from abroad by virtue of visiting cards, they are required tocomply with the following:

I. Referring to the Government Project Contracts Department for registering thecontract in question.

2. Verifying the actual need of estimated manpower according to the Ministry ofSocial Affairs & Labour applicable rules and regulations.

ARTICLE 3

Anyone in respect of whom a visit card was been issued prior to the issuance of thisresolution shall be exempted from the provisions of Article 1 hereof provided that heshall contact the Competent Labour Department to issue a work permit in his favourwithin a period not later than 3.6.2006.

ARTCILE4

The Ministerial Resolution No. 155/2004 on the conditions for transferring the visitcard into a work permit shall be repealed.

ARTICLES

This resolution shall be operative the date of its promulgation and it shall be publishedin the Official Gazette. All Competent Staff Concerned shall implement it, eachwithin his jurisdiction.

MINISTER OF SOCIAL AFFAIRS & LABOURALl JARRAH AL SABAH

Issued on : 10th Rabi Al Akber, 1427 A.H.Corresponding to: s" May, 2006 AD.

252

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Page 121: !Kuwait Labor Law No 38 Up to 2006

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