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------------------------~~An one receiving money which isnot his
, from another person, ingood faith mu t return the moneyto its
owner or back to the one he received from. I f he has malicious
intentions (this must beproved)then he must return the money in
addition to what he may have gained from its u e, ormis ed to gain,
from the day he received the money; but ifa mentally incompetent
person receivewhat i snot hi ,he is not ob liga ted to return the
lawfu l gain he received from i ts use.LABOR IN THE PRIVATE
SECTORThis law app lies to employees in the pr iva te sec tor; it
does not apply to dome tic helper s of allkinds (driver, servants,
cooks, maids, etc.). Employees in the pub lic sector and o il
sector havedifferent laws to them and they are only applied to
Kuwaiti and Gulfnationals; foreigners workingin these ectors are
under the jur isdict ion of thi s law.
SCOPE OF APPLICATIONThis law applies to employees who earn their
l iving from physical, or mental work, and to ownersof businesses,
be they persons or commercial entities who earn their living from
employing workersto do physical, or mental work for them.An owner
of a business company mu t issue a work permit f or his employee
from the Ministr yof ocial Affai rs & Labor (hencefor th refer
red to as the Min is try) exc luding Kuwai ti s o r Geenationals.
The Ministry issues the work permit upon the request of the owner
of a Kuwaiticompany (henceforth referred to as employer) registered
at the Ministry, and in accordance withrequirements tipulated by
the Ministry and met by the company. Once the work permit is
issueda copy goes to Ministry of Inte rior based on which a work
entry visa is i ued.Anybod who is not r egistered at the Ministry
is not allowed to work (having a work permitmeans the per on i s
regi stered a t the Min is try) . The Minist ry i author ized to l
icense o ff ices forrecru itment of workers f rom outside the coun
try. These l icensed offices are no t a llowed to takemoney from
workers for their recruitment services, and are prohibited from
keeping the recruitedworkers for themselves.
LABOR CONTRACTThe labor contract between employers and employee
can be either written or verbal. Itshould beinArabic with a
translation to the language spoken by the employee, or into
English, if requested,and it hould at least comprise the following
information: Date of cont ract , durat ion o f cont ract ( if i
thas f ixed durat ion) , s alary or wage, type of
job and its nature, and any information and condition deemed
necessary by the partiesto the contract.
In case the cont ract i s verbal and conflict arises between
employee and employer, thecase of the wronged par ty sha ll be
proven byall means poss ible; and i f the cont ract hasa fixed
duration itshould not exceed five years, renewable upon the consent
of parties.
I t shou ld be noted tha t the Arabic version of the con trac t
i s the one lega lly binding incase of discrepancy between the
Arabic original and a translated version.
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- - - - - - - - - - - - - - - -- -The law tate that it is legal to
try the employee for a period of hundred day, after which
theemployer can relieve him of hi work without notification but
with payment of c r.acompensation as agreed. (the law does not
indicate whether this compensation i full salary or r t).
EMPLOYING JUVENILES
The law defines a juveni le asa male o rfemale who i between
14years and les s than 18years of age,and prohibits employment
ofjuveniles unles the following is met:A permi t to employ him must
be taken from the Min is try.Medical check up before employment and
regular check-up after employment.
Thejuvenile should work ina healthy non-hazardous environment,
but it isacceptable for ajuvenileto be employed in hazardou work
env ironment for t ra in ing purpo es only, and after a spec ia
lpermit is t aken from the Ministry with the following conditions
secured: The juveni le shou ld not be les s then 14year old. The
juvenile should be healthy and physically fit for the job. The
juvenile should not work during the night, he or she should be
allowed to work
during the day, and for six hours only; four hour of work, one
hour of rest, and onefinal hour of work.
EMPLOYING WOMENIt i snot a llowed for woman to work dur ing the
n ight excep t inho p ital , clinics, and other placeswhich the
Minist ry app roves . I t i s forbidden to employ \ omen in
hazardous jobs or dangerouindust ri es. A pregnant woman has the r
igh t toa lea e as fol lows: Thirty days before delivery, forty day
after delivery. And he has the r ight to top working , cont inua
lly o r intermi tt ent ly , for hundred day
without payment , provided she submi ts a medica l repor t
recommend ing thi period ofrest. In thi s ca e she cannot benefi t
f rom her annual leave . The salary of woman isequa lto tha t of
man if he does the same work.
SALARIES AND WAGESA salary iswhat the employee earns monthly as
remuneration for his work. Its consists of the basicamount of money
plus any benef it he might have agreed upon, plus r ewards, inc
rements,commiss ions e tc (as agreed with employer). At the end o f
the employment period, the employershould consider the last salary
paid as the basis for calculation of the end of service
remuneration,(that is so if the employee i paid on a monthly
basis). But if the employee works by pie ce, or bymeasure of work
done, o r work accomplished, then an average o f the la t three
months of hi s wageshould be taken into consideration when
calculating his end of ervice remuneration. Wages areconsidered e
ither asdaily basi s, o rweekly basi s, o r monthly basi s or per
hour of work done, or perpiece of work done . I t i s wor th no
ting tha t common prac ti ce i so f two kinds:
Monthly paid salaries for white collar employee . Wages pa id on
a daily work basi s a t the end of the month for blue col la r
workers .
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Anyone receiving money which isnot his , from another person,
ingood faith must return the moneyto its owner or back to the one
he received from. I f he has malicious intentions (this must
beproved)then he must re turn the money in addition to what he may
have gained from its use, ormissed to gain, from the day he
received the money; but if a mentally incompetent person
receiveswhat i snot hi s, he i snot obl igated to return the lawfu
l gain he received from i ts u se .
LABOR IN THE PRIVATE SECTORThis law app lies to employees in the
p riva te sec tor ; i t does not app ly to domest ic he lpers of a
llk inds (dr ivers , se rvant s, cooks, maids, e tc .) . Employees
in the pub lic sec tor and o il sec to r havedifferent laws tothem
and they are only applied to Kuwaiti and Gulfnationals; foreigners
workingin these sectors are under the jurisdiction of this law.
SCOPE OF APPLICATIONThis law applies to employees who earn their
l iving from physical, or mental work, and to ownersof businesses,
be they persons or commercial entities who earn their living from
employing workersto do physical, or mental work for them.An owner
of a bus iness company mus t i ssue a work permi t for hi s
employee from the Minist ryof Social Affairs & Labor (hencefor
th refer red to as the Minist ry ) exc luding Kuwai tis o r
Geenationa ls. The Ministry issues the work permit upon the request
of the owner of a Kuwaiticompany (henceforth referred to as
employer) registered at the Ministry, and in accordance
withrequirements stipulated by the Ministry and met by the company.
Once the work permit is issueda copy goes to Minist ry o finter ior
based on which a work ent ry v isa i s i ssued.Anybody who is not
register ed at the Ministry is not allowed to work (having a work
permitmeans the person i s regi stered a t the Min ist ry ). The
Min ist ry i sautho rized to l icense o ff ices forrecrui tment o f
workers f rom ou ts ide the coun try. These l icensed o ff ices are
no t a llowed to takemoney from workers for their recruitment
services, and are prohibited from keeping the recruitedworkers for
themselves.
LABOR CONTRACTThe labor contract between employers and employee
can be either written or verbal. It should beinArabic with a
translation to the language spoken by the employee, or into
English, if requested,and it should at least comprise the following
information: Date of contract, duration of contract (if it has
fixed duration), salary or wage, type of
job and i ts na tu re , and any information and condi tion
deemed necessary by the part iesto the contract.
In case the contract is verbal and conflict arises between
employee and employer, thecase o f the wronged party shal l be
proven byal l means possible; and i f the cont ract hasa fixed
duration it should not exceed five years , renewable upon the
consent of parties .
It should be noted that the Arabic version of the contract is
the one legally binding incase of discrepancy between the Arabic
original and a translated version.
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The law states that it is legal to try the employee for a period
of hundr ed days, af te r which theemployer can relieve him of his
work without notification but with payment of certaincompensation
as agreed. (the law does not indicate whether this compensation is
full salary or not).
.MPLOYING JUVENILESThe law defines ajuvenile asa male or female
who isbetween 14years and lessthan 18years of age,an d prohibits
employment ofjuveniles unless the following ismet:
A permit to employ him mus t be taken from the Min ist
ry.Medical check up before employment, and regular check-ups after
employment.
The juvenile should work ina healthy non-hazardous environment,
but itis acceptable for ajuvenileto be employed in hazardous work
envi ronment for t ra ining purposes only, and after a
specialpermit is taken from the Ministry with the following
conditions secured: The j uvenile should not be less then 14 years
old. The juvenile should be healthy and physically fit for the job.
The juvenile should not work during the night, he or she should be
allowed to work
dur ing the day, and for six hours only; f our hours of work,
one hour of rest, and onefinal hour of work.
.MPLOYING WOMENIt is not allowed for woman to work during the
night except in hospitals , clinics , and other placeswhich the
Minist ry approves. I t i s forbidden to employ women in hazardous
jobs or dangerousindustries. A pregnant woman has the right to a
leave as follows: Thirty days before delivery, forty day after
delivery. And she has the right to stop working, continually or
intermittently, for hundred days
without payment, provided she submits a medical report
recommending this period ofrest. In this case she cannot benefit
from her annual leave. The salary of woman isequalto tha t o f man
i f she does the same work.
SALARIES AND WAGESA salary iswhat the employee earns monthly as
remuneration for his work. Its consists ofthe basicamount of money
plus any benefit he might have agreed upon, plus r ewards, incr
ements,commissions etc (as agreed with employer). At the end of the
employment period, the employershould consider the last salary paid
as the basis for calculation of the end of service remuneration,(
that i s so i f the employee i spaid on a mon thly basi s) . But if
the employee works by p iece , o r bymeasure of work done, or work
accomplished, then an average of the last three months of his
wageshould be taken into consideration when calculating his end of
service remuneration. Wages areconsidered either as daily basis ,
or weekly basis , or monthly basis or per hour of work done, or
perp iece o f work done . I t i swor th no ting tha t common pract
ice i so f two kinds :
Mon thly paid salar ies for whi te col la r emp loyees. Wages
paid on a daily work basi s a t the end o f the mon th for blue col
la r workers .
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