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KUWAIT PRIVATESECTOR LABORLAW

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ChapterOne GeneralRules Article1:intheapplicationoftherulesofthislawthefollowingtermsmean: nMinistry:MinistryofSocialWorksandLabor nMinister:ministerofSocialAffairsandLabor n Employee: any male or female who performs manualor mental work for an employer (under his management and supervision)againstawage nEmployer:everynaturalorlegalpersonwhousesemployeesagainstawage n Organization: any unit that gathersemployees oremployers withsimilarorrelatedwork,professionsorjobs,which protectstheirinterestsorrightsandrepresentstheminmattersrelatedtotheiraffairs. Article2:rulesofthislawapplytoemployeesintheprivatesector. Article 3: rules of this law apply to marine work contract incase a stipulation in this respectisnotmentioned inthe marinecommerciallaworthestipulationinthislawismorebeneficialtotheemployee. Article 4: rules of this law apply totheoilsectorin caseastipulationinthis respectisnotmentionedin thelaborlaw forworkersattheoilsectororthestipulationinthislawismorebeneficialtotheemployee. Article5:rulesofthislawarenotapplicabletothefollowing: nEmployeescoveredbyotherlawsasperthestipulationstherein. n Domestic workers as the concerned minister will issue a decision concerning their affairs in accordance with the rulesgoverningtheirrelationswiththeemployers. Article 6: rules ofthislawrepresentminimumlevelofemployeesrightswithoutprejudicetobetterprivilegesgranted to workers covered by individualorgroupemploymentcontractsorspecialregulations orbylawsbeingobservedby theemployeesoraccordingtotherulesgoverningtheirprofessionorgeneralcustoms. ChapterTwo Employment(Using),ApprenticeshipandProfessionalTraining SectionOne Employment Article 7: the minister shall issue decisions to organize conditions of employment (use) in the private sector in accordancewiththefollowing: nConditionsforthetransferoflaborersfromoneemployertoanother nConditionsforemployerstoallowtheiremployeestoworkforsometimewithanotheremployer. n Statements that must be forwarded to theministryconcerningthegovernmentemployeeswhoareallowedtowork forotheremployersaftertheofficialworkhoursinthepublicsector. n Jobs and professions employees should engage in unless they pass professional examinations according to the regulationssetbytheministryincoordinationwithotherconcernedauthorities. Article 8:everyemployershouldinformtheconcerned authorityabouttheneedsofhisemployees.Heshouldsubmit an annual report to the concerned authority on the total numberofemployeesunderhim,usingapreparedformat in accordancewiththerulesandregulationsspecifiedinadecisionissuedbytheministry. Article 9: the Public Authority forLaborForcewitha corporatebodyandseparatebudgetshallbeestablishedunder the supervision of the minister ofsocialaffairsandlabor.Itwillbeinchargeoftheauthoritiesgrantedtotheminister under this law, as wellas the recruitment of expatriateworkersasperthemanpowerdemands ofemployers.Alawto regulateitwillbeissuedwithinayearfromthedateofworkingwiththislaw. Article 10: employers are prohibited from hiring foreign workers unless they obtain a permit from the concerned authority. The minister shall issue a decision on the procedures, documents and fees that employers should complete.Incaseofrejection,reasonsbehindthedecisionmust bespecified.Amount ofcapitalshouldbethereason forrejectionotherwise,thedecisionisnullandvoid. Employers are not allowed to recruit workers from outside or inthe countrywithoutprovidingthemjobs.Employers must bear the costs for the workers return to their home countries. In case the worker resigns to join another

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company, the latter should bear thecostsfor theworkersreturntohishomecountry whentheoriginalsponsorfiles amissingreportagainsttheworker. Article 11: the ministry and other concerned authorities should not engage in any form of discrimination or preferential treatment in dealing with employers, concerningthe processing of work permits or transferapplications regardless of the reasons or justification. Forregulative purposes,theministrycanstopissuanceortransfer ofwork permits for a period of not more than two weeksina year,butitshouldbeapplicabletoallemployers.Anybehavior contrarytothisarticleisconsiderednullandvoid. SectionTwo:ApprenticeshipandProfessionalTraining Article 12: a professional apprentice is every person aged 15 years who signs a contract with the establishment to learn a profession withinaspecificperiod inaccordancewiththerulesandregulationsthatheagreedupon. Unlessa special stipulation in this regard is mentionedin this chapter, the special rulesforemployingjuvenilesmentionedin thislawareapplicabletoprofessionalapprenticeshipcontracts. Article 13: professional apprenticeship contracts should be written and issued in three copies, one each for both parties and the third shall be referred to the concerned authority at the ministry within a week for attestation. The profession, training period, stages and wage in aprogressiveformatevery stageoflearningshouldbementioned in the contract. In the last stage,the minimumwage shouldnotbelessthanthewagesetforasimilarjob.Itisnotright, underanycircumstance,tospecifythewagebasedonproductionorpiecework. Article 14: the employer can terminatetheapprenticeshipcontractiftheapprenticefailstofulfillthestipulatedduties or it is established in the periodic report that he is not ready to learn the job. The apprentice has also the right to terminatethecontract.Anypartythatwishestoendthecontractmustnotifytheotheronorbeforesevendays. Article 15: professional training includes the theoretical and practical programs to give workers the opportunity to develop their knowledge and skills or under go onthejob training to enhance their abilities, raise their production capacity, prepare them for certain professionsortransferthemtoothers.Trainingtakesplaceininstitutes,centersor establishmentsforthispurpose. Article 16: The minister, in cooperation with the concerned academic and professional authorities, shall set up necessary conditions for holding professional training programsandspecifythetrainingperiod,theoretical practical program,examinationsystem,andcertificatesgiveninthisregardandthestatementstherein. This decision requires the establishment of one or more training centers for the workers. Companies should then provide training for the workers in centers, institutes or other establishments if they have no training center or institute. Article 17: The establishments, subject to the rulesofthischapter,areobligedtopaythe workerhis full wageduring thetrainingperiodeitherinoroutsidetheestablishment. Article 18: The professional apprentice or trainee worker is obliged, after completing his training, to work with the employer within the same period he underwent apprenticeship or training oraminimumof5years.Ifheviolatesthis agreement, the employer has the right to demand compensation for thetrainingexpensesortheremainingperiodhe hastocompletethework,whichisexcludedfromthetrainingperiodandisnotmorethanthreemonths. SectionThree EmployingJuveniles Article19:Itisprohibitedtoemploythosebelow15yearsold. Article 20: With the permissionof the ministry, it is allowed to employ juveniles,aged15yearsandthosewhohave notreached18yearsunderthefollowingconditions: n Their employmentshould not be infactoriesorprofessionsthat aredangerousorharmfultotheirhealth according tothedecisionoftheminister. n Signing a medical report for them before joining the work and after that on a regular basis, not exceeding six months. The minister shall issue a decision to determine these factories and professions, as well as the procedures andperiodsforsubmissionofthemedicalreport. Article 21: The minimum work hours for juveniles is six hours daily, with a condition not to let them work for more

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than four hours straight, followed by a rest period (break) of not less than an hour. It isprohibitedtoletthemwork overtimeorduringweeklyrestdays,officialholidaysorfrom7:00pmto6:00am. SectionFour Employingwomen Article 22: It is prohibitedtoemploywomenat night from10:00pmto7:00am.This excludeshospitals,sanatoriums, other private treatment homes and establishments for which the minister of social affairs and labor will issue a decision. The work site should comply with all the conditions mentioned in this articlebyensuring the security of women and providing them withmeansoftransportationtoandfromtheworkplace.WorkhoursduringRamadanare excludedfromtherulesofthisarticle. Article 23: It is prohibited to employ women in hazardous jobs or those that are harmful to their health. It is also prohibited to let them engageinjobsthatdefythe moralitycodeandexploittheirwomanhood.Theyshouldnotwork ininstitutionswhichprovideservicesexclusiveformen. A decision to determine such jobs will be issued by the minister of social affairs and labor after consulting the ConsultativeCommitteeforLaborAffairsandtheconcernedorganization Article 24: A pregnant woman will get a 70day paid leave, not included in her other leaves, for delivery on the conditionthatshegivesbirthwithinthisperiod. After completing the maternityleave, the employer can grant a working woman,based on her request,leave of not morethanfourmonthswithoutpaytocareforthebaby. The employer should not terminate a working woman while she is on such leavesorifshetooksickleavedue toan illnesscausedbypregnancyordeliveryasperamedicalreportissuedbyherattendingphysician. Article 25: Working women are entitled to a twohour break during work hours to nurse their babies in accordance with the conditions stipulated in the ministrys decision. The employer must establish a nursery for children below fouryearsoldifhehasmorethan50femaleworkersornotmorethan200men. Article26:Aworkingwomandeservesasimilarwagegrantedtomenifsheisengagedinthesamejob. ChapterThree Individualworkcontract SectionOne:WorkContractStructure Article 27: anyone whohas reached 15 years is qualified to sign a work contract if theperiodis notspecified.Ifthe periodisspecified,itshouldnotexceedoneyearsohewillreach18years. Article 28: the work contract should be written on paper and contain the date of signing and execution of the contract, value of wage, period of the contract if it is specified, and nature of work. It should be issued in three copies, one for each party and the thirdwillbe keptattheconcernedauthority inthe ministry.Iftheworkcontractis notwritten on paper, itisconsideredexistent(correct)andthe employerinthis casecanexercise hisrightthroughall meansofconfirmation. It isnot right to reduce the wage of the worker during the validity of thecontract, whether it has specific periodor not. The employee hasnorightto assignaworkertocarryoutanytaskthatisnot consistent withnatureofthework statedinthecontractorsuitabletothequalificationsandexpertisewithwhichthecontractwassigned. Article 29: contractsshall be written in Arabic and translationsto otherlanguagescanbe addedtoit,withArabicas binding in case of discrepancies.Rulesofthis articleareapplicableonthecorrespondence,publications,bylawsand thecircularsthattheemployerissuestohisworkers. Article 30: If the periodoftheworkcontractisspecified, itshouldnotexceedfiveyearsand notlessthanayear.The contractcanberenewedafterthespecifiedperiodendsthroughanagreementbetweenbothparties. Article 31: if the periodof theworkcontractisspecifiedandboth partiescontinueimplementingitaftercompletionof the period without renewal, it is considered renewed for a similar period with the same conditions, unless the two parties agree to renew it under other conditions. In all cases the renewal should notaltertheemploymentprivileges mentionedinthepreviouscontract.

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SectionTwo Obligationsandpenaltiesforemployeesandemployers Article32:Probationperiodoftheworkershall bespecifiedintheworkcontract, butitshouldnotexceed100working days. Each party can end the contract during the probation period with prior notice. If the employer ends the contract, he should pay wages to the worker at the end of the service in accordance with rulesof this law.Itisnot right to require the worker to be on probation under the same employer more than once. The minister shall issue a decisiontoorganizetherulesandregulationsatworkduringtheprobationperiod. Article 33: If the employer signed a contract with another a subcontractor to carry out a certain task or partof it outside under one work condition. The one given the contract should treat his workers and thoseof the original employerequallyintermsofgrantingrightsandeachofthemshouldagreeinthisregard. Article 34: The employer (contractor) must commit to the execution of a government projectorusehisemployees in areas far from the residential sections. He mustprovidesuitableaccommodationtotheworkers,inadditiontomeans of transportation forthoseresiding infarflungareas freeof charge.Incasehecannot providean accommodation,he should give the employees accommodation allowance. The minister will specify the farflung areas, conditions of suitableaccommodationandaccommodationallowance. In other caseswhentheemployerisrequiredtoprovideaccommodationforworkers,rulesofthedecisions stipulated in the previous paragraph on conditions of suitableaccommodationsandspecificationofaccommodationallowance shallbeapplicabletohim. Article 35:Theemployermusthang,inaclearplaceattheworksite,the punishmentsbylawsthat shouldbe enforced ontheviolatingworkers.Inthepunishmentsbylawthefollowingshouldbeconsidered: nTheviolationswhichmayoccurfromtheworkersandtheirpunishmentsshouldbespecified. nShouldincludealistofpunishmentsforspecifiedviolations nMorethanonepunishmentshouldnotenforcedforoneviolation. nTheworkershouldnotbepunishedforanyacthecommittedafter15yearsofthedateoftheactwasdetected n The worker should not be punished for an act hecommittedoutsidehisworksite,exceptifithasconnectionwith thework Article 36: Theemployershouldsend thepunishmentbylawstotheMinistrybeforeimplementingthem.The ministry mustamendtheseinaccordancewithnatureoftheestablishmentornatureoftheworkaspertherulesofthislaw. The ministry must present the bylaws to the concerned organization, if any. And if there is no concerned organization,thengeneralunionwillberesortedtoforobservationsandsuggestionsonthesebylaws. Article 37: No punishment should be enforced to theworkerunlessheorsheisinformedinwritingwhatheorsheis accused of. The employer shouldhear theemployeesexplanationandconfirmhisorher defense.Theworker should be also be informed in writing ofthe punishment, its type, itsreasons and amounts applied on the worker and the punishmentwhichhewillfaceincaseofdoingthesameagain. Article 38: Deductions should not apply to wagesof theemployeeforaperiodofmore than5daysinamonth.Ifthe punishmentexceedsthattheaddeddeductionshouldbefromwageofthenextmonthorthefollowingmonth. Article 39: The worker cannot bestoppedfromworkingforaperiodofnotmorethan10daysduringaninvestigation that the employer is conducting. If the investigation is completed and the employee is not held liable for any violation,thenworkermustbepaidhisorherwagefortheperiodofstoppage. Article 40: The employer should put the deductions from wages of employees in a fund allocated for use in social, economic and culturalfieldswhichbenefitstheworkers.Incasethecompany isliquidated,theexisting deductionsin fundshouldbedistributedtotheworkerswhowereworkingatthetimeoftheliquidation,oneperiodforeach. SectionThree EndofWorkContractandEndofServiceBenefit Article41:Inobservanceoftherulesofarticle(37)ofthislaw: n The employer can terminate a worker without notification , compensationor wagesiftheworker committedanyof

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thefollowingdeeds: 1Iftheworkercommittedamistakethatresultedtohugelossfortheemployer. 2Ifitisestablishedthattheworkerobtainedtheworkasresultofcheatingorfraud. 3Iftheworkerrevealssecretsoftheestablishmentwhichcausedorwouldhavecausedreallosses. nTheemployercanfiretheworkerinoneofthefollowingcases: 1Ifheisaccusedofacrimethatrelatestohonor,trustormorality. 2Ifhecommittedanactthatbreachesgeneralmoralityattheworksite. 3Ifhecommittedassaultononeofhiscolleaguesorontheemployerorhisdeputyduringworkorbecauseofit. 4Ifhebreachedanyoftheobligationsimposedonhimwiththecontractandrulesofthislaw. 5 If he isproven tohaverepeatedlyviolatedinstructionsofthe employer.Inthis casethedecisionoffiringdoesnot meandeprivingtheworkerfromendofservicebenefit. n The employee who is fired for one of the situations mentioned in this article has right to challenge the firing decision at the concerned labor division (court) in accordance with the procedures stated in this law. If it is established, according to final verdict that the employer was wrong in firing his worker the latter deserves end of servicebenefitsandacompensationformaterialandmoraldamagesheorshesuffered. In all cases the employer should inform the ministry of the firing decision and its reasons, and the ministry should takechargeofinformingGovernmentRestructuringManpower Article 42: If the employee stops going to work for 7 consecutive days or20separate days within a year without acceptable reasons, the employer has the right to consider him legally retired. In this case rules of article 53 of this lawareapplicableintermsofworkerdeservingtheendofservicebenefits. Article 43: If the workerisarrestedordetaineddue toaccusatioinsoftheemployeefor uncompletedcourtverdict,he is considered stopped from work. The employer has no right to end his contract, except if he is convicted with a completeverdict. If a verdict is issued acquitting him from the accusation the employee must pay his wage for the period he was stoppedwithfaircompensationtobeestimatedbythecourt. Article 44: If the workcontracthasnospecifiedperiodbothpartieshave therighttoenditafternotifying otherparty andthenotificationshouldbeasfollows nBeforecompletingthecontractwitha3monthnoticeatleastfortheworkeronamonthlywage. n Before completing the contract with a months notice at least for other workers. Ifthepartywhoendsthe contract didnot take in to account the periodof the notification thenhe must pay the other partyforthenotificationperiod equaltowageoftheworker n It the notification for ending the contract is from the employer, the worker has right to absent full one day in the week or 8 hours during the week, so as tosearchforotherwork,andhedeservesawageforone dayorthehoursof absence.The workershouldspecifydayorhoursofabsencewithconditiontonotifytheemployeraboutthatatleast inthepreviousdayoftheabsence. n The employer should relievetheemployeeofworkduringtheperiodofnotification andcountasworkservice until suchperiodiscompleted. Article 45: The employer cannot use right of ending thecontract in accordance with the previous article when the workerisenjoyingoneoftheleavesstipulatedinthislaw Article 46: It is prohibited to endservice of the worker without any justification or because of syndicate activityor because he is wantedor enjoying his or her legalrightsasperrulesoflaw.Also itisprohibitedtoendservice ofthe workerbecauseofgender,raceorreligion. Article 47: If the work contract has aspecifiedperiodandone ofthepartiesendsitillegally,hemustcompensatethe other party for damages. The amount of the compensation should not exceed the wage of the worker for the remainingperiodofthecontract. Article 48: The worker can terminate his employment contract without notifying on his end of service payments in anyofthefollowingcases: nIftheemployerdoesnotenforcethetermsofthecontractorviolatesthelaborlaw.

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nIftheemployerorhisdeputyinsultshimortheemployerencouragessuchacts. n If continuous work puts his health and safety at risk as per the decisionofthe medicaljudgmentcommitteeatthe MinistryofHealth. nIfemployerorhisdeputycheatsintermsofthecontractattheinitialsignatureperiod. n If the employer accuses the worker of committing mistakes punishable through criminal penaltiesandcourt clears theworker. nIftheemployerorhisdeputycommitsunethicalorimmoralactionsagainsttheworker. Article 49: The employment contract gets terminated iftheworkerdiesorbecomesdisabled,thereby,preventing him from carrying out his duties orsickness whichpreventshim fromreporting backtowork,asper amedicalreport from theofficialdepartment. Article50:Theemploymentcontractendsunderthefollowingconditions: nIfanofficialdecisionisissueddeclaringbankruptcyoftheemployer. nPermanentclosureofthecompany. n If the company merges with another or transferred to another owner or anyotherlegal movebythecompany,the employmentcontractremainsactiveandthenewownershouldgrantcurrentprivilegestotheworkers. Article51:Theemployeehasrighttoreceiveendofservicepayasfollows: n The worker gets indemnity equal to 10 dayssalaryeveryyear duringthefirstfive years,and15daysthefollowing years.Totalpaymentshould notbemorethan oneyearsalaryforemployeeswhogetpaidondaily,weekly,hourlyor perjobbasis. n Indemnity of 15 days for thefirst five years, and one month salary for the following years. Totalpaymentshould notbemorethantheoneyearsalaryandhalfforemployeespaidonmonthlybasis. The worker is entitled to benefits for a fraction of the year,according to the service period and it will be deducted from the end of services benefits, including the loans and credits. The Social Security Law is considered in this regard, and the employer should paythe difference between the amount due to the worker from the social security andtheindemnity. Article 52: Referring to Articles 45 of this law the worker deservesend of service benefits mentioned in the earlier articlesunderthefollowingconditions: nIftheemployerendsthecontract. nIfaclosedcontractendswithoutbeingrenewed. nIfthecontractendsaccordingtoArticles48,49and50ofthislaw. nIfthefemaleworkerendsthecontractbecauseofmarriageayearafterthewedding. Article 53: The worker is entitled to halfof theendofservicepay mentionedin Article51ifthe workerendstheopen employment contract, and his years in service are not less than three years and lessthanfiveyears.Iftheperiodof service reaches five yearsandlessthan10years,theworkergetstwothirdsofthebenefitsandiftheservicereaches 10yearstheworkergetsfullbenefit. Article 54: The worker who terminates his employment contract hasright to get end of service certificate from the employer showing his services, work and last salary he received. The employer has no right to include any derogatory remarks about the employee or any statement that limits his chances in the labor market. The employer shouldreturnallthedocumentslikeacademiccertificatestheworkersubmittedduringtherecruitmentperiod. FourthChapter OnSystemandWorkConditions SectionOne:TheSalary Article 55: Salary means the basic payment the worker receives or whatever the worker receives againsthis service. This should include all terms mentioned in the employment contract, without removing the social and children allowances mentionedin law number 19/2000 included in the salary, in addition to the payment the worker receives periodicallylikeallowancesandbenefits. If the workerreceiveshisshare fromthereturnsofthecompanyanditincurslossesorearnsminimal profits,thenthe

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salaryshouldbepaidaccordingtothemarketstandardsandprofessionoftheemployee. Article 56: salaries are paid during one of the working days withthe countrys currency, taking into consideration thefollowing: nLaborerswhoarepaidmonthlyshouldgettheirsalariesatleastonceamonth nOtherlaborersgettheirsalariesatleastonceeverytwoweeks Salarypaymentshouldnotbedelayeduntilaftertheseventhdayoftheduedate. Article 57: the employer who appoints laborers according to this law should pay the laborers salaries to their accounts in local financial establishments. He should also send a copy of the list of names that are sent to these establishmentstotheMinistryofSocialAffairsandLabor. A decision from the Council of Ministerswillbeissuedbased on therepresentationoftheministersofSocialAffairs and Labor,andFinancetoidentify thesesectorsandtheregulationsconcerning dealingwiththese accountsinterms ofexpenditures,commissionsandtheorganizationalproceduresinthisregard. Article 58: the employer is not allowed to transfer an employee who is paid on a monthly basis to another section without a documented agreement on the transfer and without violating the rights the employee has acquired by workingwithamonthlysalary. Article59 n Itisnotacceptedtodeductmorethan10percentoftheemployeessalaryasloanordebtpaymenttotheemployer, andheshouldnotgetanyinterest. n It is prohibited to hold back the duesalaryoflaborersor deductmorethan25percent ofthesalary. Thededuction should be within25percentofthesalaryforexpenditure,food,clothingorotherloans,includingloansobtainedfrom theemployer.Incaseofaccumulatedloans,theexpenditureloanshouldbeprioritized. Article 60: laborers shouldnotberequiredto buyfoodstuffsor commoditiesfromstoresorotherproductsownedby theemployer. Article 61: the employer should pay the laborers salaries during the closure period, if he needs to close the establishment to force the laborers to give in to his demands. He should also pay the salary oflaborers duringthe time the establishment is closed completely or partially for any reason that is not related to the laborers, aslongas theemployerwishesthemtomaintaintheirpositions. Article 62: To calculate thepaymentofa laborer,whatshould betakenintoconsiderationisthelastduesalary.If the laborer gets paid based on piece work, his salary is defined by the average of what he has got during the actual working days in the last three months. The material and financialprivilegesareevaluatedbydividingtheaverageof what the laborer has already gained during the last 12 months bythesalary. Iftheyearsofserviceat theworkplace is less than a year, the average is calculated according to the percentage of the period he spent in service. The laborerssalaryshouldnotbedecreasedforanyreasonduringthetimeheisinservice. Article 63: The Minister has to issue a decision after a maximum of every five years, in which he determines the minimum limit of salariesbased on thenatureofprofessionsandindustries. Whiledoingthat,heshould consider the inflation percentage that the country goes through. This should be done after discussing the issue with the AdvisoryCommitteeforLaborAffairsandtheconcernedorganizations. Chapter2 Workinghoursandweekends Article 64: It is forbidden to have employees work more than 48 hours per week or 8 hours a day, except for cases stated in this law. The working hours in the month of Ramadan should be 36 hoursper week. This item shouldnot conflictwithArticle21ofthislaw. However, it is allowed to decrease the working hours in exhausting jobs or jobs ofaharshorhealthharmingnature basedonaministerialdecision. Article65 a) It is not allowed to haveemployeesworkingformorethanfive consecutivehourswithoutabreaknotlessthanan hourthatisnotincludedintheworkinghours.

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nFinancial,commercialandinvestmentsectorshaveexceptionstohaveworkersworkforeighthourscontinuously. b) AftertheapprovaloftheMinister,laborers can workwithoutabreakfortechnicalandemergencyreasonsin office work under the condition that the total of thedailyworkinghoursshouldbeonehourlessthanwhatwasstated in Article64. Article 66: Without violating Articles 21and64ofthislaw,itisallowedforthejobemployertohave employeeswork for extra time if the necessity arises. This should bedonethroughwritteninstructionsforthepurposeofstoppinga dangerous accident or repair of damage or avoiding adefiniteloseorhavingaunusualworkload.Theextraworking hours should not exceed more thantwohoursa dayforamaximumof180hoursayear. Inaddition,itisnotaccepted for extra work to be more than three days a week and 90 days a year. This will still be the rightoflaborers toprove that they were assigned extra work and they can use any means toprovetheirright.Thelaborerhastherighttoget paid 25 percentfor the extra time he has worked , whichshouldbemorethanhis regularpaymentat thesameperiod of time. This payment should be inline with Article 56 of this law.Theemployershouldkeepaspecialrecordforthe overtimethatshowsthedates,days,hoursofovertimeandthepaymentfortheworkthelaborerwasassigned. Article 67: The employee has the right to have apaidweekendthatis24continuoushoursaftersixworkingdays.In case of emergencies at work, theemployercan callthelaborerforworkduringhisweekend.Thelaborershouldgetat least 50 percent of hissalary,inadditiontohisregularsalary.Thelaborercan takeanotherdayoffinsteadoftheone onwhichheworked. n The previous paragraph does not affect the evaluation of the laborers right including his daily payment and off days. The calculation of his right is by dividing his salary by the actual working days without including the weekends,althoughtheseweekendsarepaid. Article68:paidofficialholidaysforlaborers: a)HijriNewYear 1day b)IsraaandMierajday 1day c)EidAlFitr 2days d)StandingbyArafah 1day e)AlAdhaEid 2days f)MawlidAlNabi 1day g)NationalDay 1day h)LiberationDay 1day i)NewYear 1day n If the necessity arises to have the employee work during the previously mentioned days, he should get adouble salaryplusacompensationofthisday. n With consideration of Article 24 of this law, the laborer has the right to get the following sick leaves during the year: n15daysfullsalary n10daysthreequartersofthesalary n10dayshalfsalary n10daysquarterofsalary n30dayswithoutsalary Article 69: The laborer should provide a medical report from the doctor at the work place or the official doctor at government medical centers. In case there is a conflictregardingtheneedtogetasick leaveoritsduration,thenthe doctorinthegovernmentmedicalcenterisallowedtodoso. As for serious diseases, an special decisionshouldbeissuedbytheconcernedminister, inwhichheshouldidentify thekindofseriousdisease. Chapter3 PaidAnnualLeave Article 70: The employee has a 30day paid annualleave.However,duringthefirstyearofwork,theemployee isnot

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eligible to apply for leave except after at least9monthsofserviceattheworkplace. Officialholidaysandsickleaves are not counted with the annual leave. The laborer deserves leaves on the fractions of the year according to the periodhespentattheworkplace,evenifthefirstyearisincluded. Article71:Thelaborergetspaidforhisannualleavebeforegoingonleave. Article 72: The employer has the right to determine the timing of the annual leave,andhecandivideit afterthefirst 14daysofitbasedontheapprovalofthelaborer. Moreover, the laborer has the right to accumulate his leave , but not more than his leave for two years . After the approval of the employer, he can take his accumulated leave all at once. The annual leave can be accumulated for morethantwoyearswiththetwosidesapproval. Article 73: Without violating Articles 70and71,the employeehastherighttogetfinancialpaymentforallhisannual leavesthatwerenotavailedduringhisservicewhenhiscontractends. Article 74: Without violating Article 72, it is not allowed for the laborer to give up hisannualleavewithorwithout compensation. The employer should get back what he paid for the laborerif he proved to be working with another employer. Article 75: Theemployercangranttheemployeeapaidacademicleavetoobtainahigherdegree,underthecondition that he should work for the employer foraperiodoftimethatequalstheleavedurationthatshouldnotbemorethan 5 years. In case the employee violates this condition, heshould return the payment he has already got during the academicleave. Article76: The laborer who spent two continuous years with the same employer can get a paid leave for 21 daysto performHajj,ifhedidnotperformHajjbefore. Article 77: In case of a first and second degree relatives death, the employee has the right to getathreedayleave withfullsalary. For the working Muslim woman, whose husband dies, she can take iddat leave with full salaryfor fourmonthsand ten days from the date of death. During this leave, she should not practice and work for another work place. The conditions of issuing thisleaveshouldbeorganizedbyadecisionbytheminister.ThenonMuslim femaleemployee whosehusbanddiesgetsa21dayspaidleave. Article 78: Theemployercangiveapaid leavetoemployeestoattend conferencesandannualmeetings.Theminister issuesadecisionthatincludestheconditionsandregulationsregardinggrantingthisleave. Article 79: The employerisallowedtogranthisemployeespecialleave,otherthanmentionedinthischapter,without pay. Chapterfour SafetyandCareerHealth SectionOne:Rulesonmaintainingsafetyandcareerhealth Article 80: Each employer must maintain a file for each laborer, including copies of the laborers workpermit, work contract, civil ID, documents related to annual vacation and sick leaves, overtime hours, workrelated injuries and diseases, penalties imposed on the laborer, date of ending his duty, reasons for ending his duty, and copies of receipts and other related documents like employment certificates the laborer has submitted to the employerandhe shouldgetthembackaftertheendofhisduty. Article 81: Each employerhastokeepcareersafety registers inlinewithtypesand regulationsforwhichadecisionis issued. Article 82: The employer has to hang in a conspicuous location at the work headquartersabylawaccreditedbythe concernedlabordepartment,includingthedailyworkhours,break,weekendandofficialholidays. Article 83: The employer has to take all the precautionary procedures to protect laborers, machinesandsubstances used in the institution, and the places they occasionally visit, in addition to providing safety and career health systems required in this regard or that for whicha decisionis issuedbytheconcernedministerafterconsideringthe opinionofrelevantauthorities. Article 84: The employer hastoclarifytothelaborerbeforestartingworktherisks hemayfaceatwork inadditionto

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theprecautionarymeasuresthatshouldbetaken. Moreover, the minister is to issue decisions concerning instructions and cautioning marks placed in conspicuous areasattheworksite,besidesthetoolsofpersonalsafetywhichtheemployerhastoprovideinvariousactivities. Article 85: The minister, after seeking opinion of concerned authorities, shall issue a decision to specify types of activities that require provision of equipment and occupational safety methods foremployeesinfactories.Thisisin addition toselectionofspecialistsortechniciansto monitorlevelofavailabilityofhealthandsafetyequipment,while the decision shall specify criteria and duties of those technicians and specialists, in addition to their training programs. Article 86: The employer should take necessary precautions to protect the employee from health hazards and occupational diseases, which could arise from practicing the occupation, while he shouldprovidefirstaidtreatment and medical services. The minister, after seeking opinion of the Health Ministry, shall issue decisions to regulate precautions,aswellaslistofoccupationalandindustrialdiseases. Article 87: The employer should implement preventive measures and promise to try his best to provide care and followhealthandsafetyinstructionstoprotecttheemployeefromanykindofoccupationaldiseasesandhazards. Article 88: Considering provisions of the social securitylaw,anemployershouldinsurehis employeeswithrelevant companiesagainstinjuriesandoccupationalhazards. SectionTwo Concerninginjuriesandoccupationalhazards Article 89: While applying provisions of law concerning labor injuries, according to the social security law, the insuredpeopleshallbesubjectedtoprovisionsguidinglaborinjuriesandoccupationalhazards. Article 90: If anemployee is involved in anaccidentduetohiswork,whileperformingduties,onthe waytoworkor returning from work, the employer should report the incident immediately he knows about it, depending on the followingsituation: nNearestpolicestationtotheoffice nNearestlaborofficetotheoffice Public Authority for Social security or the concerned insurance company, while the employer or his representative canreporttheincident. Article 91: Considering law number 1/1999 on the health insurance of expatriates and requiring them to pay certain fees for the health services they use, the employer should provide the required healthservicestoanemployeeif he gets injured during working hours orfallssickduetohisjobingovernmentorprivatehospitals,includingmedicine and transportation expenses. The attending physician should submita report on the period the employee requires treatment,extentofdisabilitycausedbytheinjury,andwhentheemployeecanreportbacktowork. Both the employee and employer have the right to contest the medical report within a month from the date of issuanceattheMedicalJudgmentCommitteeintheMinistryofHealth. Article 92: every employer should provide a report on the accidents at job sites and workrelated illnesses in the company/entity to the Ministry of Health periodically. The minister will specify a period for the submission of this report. Article 93: an employee who suffers from an injury or workrelated illness has right to demand hissalaryduringthe medication period, specified by the attending physician. If the treatment period is extended for another six months, theemployeewillreceivehalfthesalaryuntilhecompletelyrecovers. Article 94: the employee or his beneficiaries hasrightto demandcompensationfortheinjuryortheillnessaccording to a list issued by the minister after receiving the recommendation of the MinistryofHealth.Thelist willexplainthe illnessandinjuries,aswellasthecorrespondingcompensation. Article95:theemployeehasnorighttoclaimcompensationiftheinvestigationresultsshowthat: nTheemployeehasintentionallyinjuredhimself. n The employee sustained injuries due to his bad behavior like consuming alcohol or drugs, violating safety regulations at work, or if the injury or illness was caused by an activityoutsidetheworkplace. Exceptionsinclude if

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theinjuryorillnessresultedindeathoftheemployeeor25percentdisability. Article 96: if the employee exhibits symptomsof workrelatedillnessoneyearafterhisresignation,articles93,94and 95willbeapplicabletohim. Article97: n The medical report or Medical Judgment Committee defines the condition of the employee who suffered and the responsibility of former employers in the illness or injury based on the period of time the employee served each employerandwhetherthenatureofthejobcausedtheillnessornot. n The employee or his beneficiaries will receive the compensation according to Article 94fromthePublicAuthority for Social Security (PASS) or accredited insurancecompany,andthecompensation willbedividedbased on thefirst paragraphofthisarticle. ChapterFive SocialRelations SectionOne TheWorkersUnion,EmployersandRightsofSyndicates Article 98: right to establish unions for employers andworkers is guaranteed by thislaw,theconditionsofwhichis applicable to workers in theprivateandpublicsectors,aslongasitdoesnot contradict otherlawsthat organizetheir affairs. Article 99: Kuwaiti workers have right toformsyndicatesthat protecttheirinterest,workonimprovingtheirfinancial andsocialstatus,andrepresenttheminalloperationsrelatedtothem.Employershasalsorightto formunions forthe samepurposes. Article100:Proceduresforestablishingsuchorganizationsareasfollows: n Number of employees or employers who are willing to establish a union should meet in the form of a general assembly,which should beannouncedindailynewspapersfor aminimumoftwoweeksbeforethemeetingdate. The locationandgoalsofthemeetingshouldbementionedintheannouncement. n The general assembly decides the internal regulations of the union. Decision of theministerrelatedtothesubject shouldbeusedasaguide. nThegeneralassemblyelectstheboardofdirectorsaccordingtothetermsintheunionsinternalregulations. Article 101: basic system of the union should show the objectives and goals for which the union has been established, rights and duties of members, membership, duties of the general assembly and irregular general assembly. The system should show the conditions of membership, specialties of the members, budget, and the regulations in case of amending the system. It must also include regulations in case of dissolution of the general assemblyandwaystoclearthemoney,recordsandregistersoftheunion,whichareusedforcontrollingpurposes. Article 102: the elected board of directors should be dissolved every five years,starting from the election date and submissionofthepapersofestablishmenttotheministry. The official body of the union will be considered from the day the minister issued a decision on its approval, and submissionoftherequiredpapersordocumentstotheminister. The ministry has the right to guide the union towards correction of the procedures of its establishment and completion of the necessary papers before the official declaration oftheunion. Iftheministryfailstorespondtothe papersoftheunionwithin15daysfromthedayofsubmission,thelawwillconsidertheunionofficial. Article 103: The employees and employers unions, after receivingallthebenefitsinthelaw,shouldrespect therules and regulations in the countryjustlike otherorganizations, andtheyshouldpracticetheirrightsandactivities within theirbordersasperthelaw. Article 104: The ministry will guide the syndicates and employersunionstowardsthe rightpathofimplementingthe law, and how to keep the registers and financial documents special to the union, in addition to guiding the completionofthedocumentationincaseofanyshortage. Itisforbiddenfortheunionsto: noperateinpolitical,religiousandsectariancases

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nusetheirmoneyinfinancialspeculation,realestateorotherformsofspeculation nacceptgiftsexceptafterobtainingpermissionfromtheministry Article 105: The syndicate is permitted to open restaurants and cafeterias fortheworkersafterobtainingpermission fromthebusinessownerandtheconcernedgovernmentauthorities. Article 106: The workers unions can create joint unions between them according tothelawsofdeclaredunionsand this law. The general/joint union should be only one between workers or employers. The general union should complywiththeregulationsgoverningtheestablishmentofunions. Article 107: The syndicates, unions and workers publicunions have right to jointhe Arab andinternationalunions. The ministry should be notified about this and such participation should not undermine the interests of the public andgovernment. Article 108: The organization of the workers andemployerscanbeoptionallydisbandedthroughadecisionfromthe general assembly, according to the system of the unions. Financialassets oftheunionwillbefollowed accordingto thedecisiontakenbythegeneralassemblyincaseoftheoptionaldissolutionoftheorganization. The board of directors of the union can be disbanded if the ministryfiles a case at the Cassation Court that rules dissolution of the board after it engages in illegal activities as per the paragraphs of this law and rules related to public morals or ethics. The decision of the court can be appealed within 30 days from the date the decision was issued. Article109:Theemployersshouldsupplyallthedecisionsrelatedtotherightsanddutiesoftheemployees. Article 110:Theemployer can delegateamemberormoreintheboardofthedirectors atthesyndicateorthe unionto followtheaffairsoftheunion,incoordinationwiththebusinesssideandtheconcernedgovernmentauthorities. SecondSection Groupworkcontract Article 111: The joint or group work contract organizes the conditions andnature of the work between syndicates, unions,morethantwogroups,orwithrepresentativeoftheemployersunion. Article 112: The contract should be printed and signed by the worker and be exhibited to the general assembly, including the contract between syndicates, unions and employers union. Members of the general assembly should approveitaccordingtothefoundationsystemoftheunion. Article 113:Thegroupor jointcontractshouldnot exceedthreeyears,andifcontinuationisprofferedinthecontract, itisrenewableforoneyearonlywiththesameconditions,aslongasnoconditionsinthecontractviolateit. Article 114: If oneside wants to end the contract, instead of renewing it, the other party shouldinformthe ministry three months before the end of the contract. If the involved partiesare more than one, if oneendsthecontract,itis notinvalidduetooneside. Article115 n All conditions of the contract are nullified, if one of theconditions oftheindividualorgroupcontractviolatesthe law,evenifithasbeenenforcedprovidedtheconditionisnotinfavoroftheworker. n The contract is nullified if the workers reject or give up their rights in the contract granted by the law. If the law violatestherightsoftheworker,itisnullifiedduringitsvalidity. Article 116: The group, syndicate or union can not function until its registration at the concerned ministry and publication in daily newspapers.Theconcernedministryhasrighttoobjectthetermsinthecontractthatviolatesthe law,andbothsideshave15daystoamendthecontractortheregistrationwillbenullified. Article 117: The group or joint contractcanbe signed indifferentlevelsincludingindustrialornationalleveletc,and if the contractissignedinindustrial levelthantheUnion forthe IndustrialWorkersshouldapproveit,andifnational thenPublicWorkersUnion.Thecontractwillamendthosebeforeitwithsimilarspecialties. Article118:Thetermsofthegrouporjointcontractareapplicableto: nThesyndicatesandunionsthatsignedthecontractandwhojoinedthemafterthesigning. nTheemployersandunionsthatjoinedthecontractafterithasbeensigned. nThesyndicatesthatformunionswhosignedthecontractorjoineditafterthesigning.

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nTheemployerswhojoinedtheemployersunionsthatsignedthecontractearlierorafterithasbeensigned. Article 119: If the workerswithdraw from the union orhavebeenterminatedfromit,itwillnotaffecttheiracceptance of the terms of the groupcontract,providedthewithdrawalorterminationcomesaftertheunion signed orjoinedthe contractlater. Article 120: Active members of the syndicate, union oremployersunionsareallowedtojointhegroupcontractafter its publication in daily newspapers, based on the agreement between the two sides. It is not necessary to take permission from the retired members. Those who wantto joinshouldsubmitanapplicationtotheministrysignedby bothsides.Theministrysapprovalwillbepublishedinnewspapers. Article 121: The joint contract signed by the syndicate of the entityisapplicableto all employees,regardlessifthey are members of the syndicate or not and in reference to Article 115 of this law that relates to the benefitsof the workers. However, the contract between unions, syndicates and employers unionisnotapplicabletoallemployees, onlythoseundertheemployer. Article 122: workers syndicates and employers unions that arepartofthegroupcontractcanfilealawsuit,basedon theviolationsrelatedtothecontract,infavorofitsmemberswithoutaskingtheirauthorization. ThirdSection Groupworkconflicts Article 123: group work conflicts between one or moreemployers and all employees or group of employees due to workortheconditionsatwork. Article 124: In case conflicts in group work, all the involved parties should have direct negotiation between the employer/ his representative and employees/their representative. The concerned ministry can delegate its representativeduringthenegotiationasanobserver. In case ofsettlement,the agreedtermswillbe recordedattheconcernedministrywithin15daysandaccordingtothe regulationsissuedbytheminister. Article 125: any of the negotiatingpartiescanasktheconcernedministrytosettletheconflictsamicablythroughthe Conflicts Committee formed based on a decision from the minister, ifthe negotiation does not lead to the desired solution. The request/application for amicable settlement should be signed by the employer or his representative, or the personappointedbyamajorityoftheworkersinvolvedintheconflict. Article126:theConflictsCommitteeconsistsofthefollowing: nTworepresentativeselectedbythesyndicatesorworkers. nTworepresentativeselectedbyemployerortheworkersinvolvedintheconflict. n Chairman of the committee and tworepresentatives from the ministry will be appointed bytheconcernedminister throughadecisionthatalsodefinesthenumberofrepresentativesfromtheconflictingparties. The committee can consider the ideas of anybody it deems useful, while the concerned ministry can demand informationrelatedtotheconflictanytime. Article 127: The Conflicts Committee should complete review of the conflict in one month from the time the application of amicable settlement was submitted. Itshould submit draftoftheagreed pointsevenifitispartial.The agreed points should be accepted by the concerned parties and the final report will be sent to the ministry. The committee can schedule a discussion on the points of conflict in another session, and in front of the judgment authorityforworkconflictswithalltherequireddocuments. Article128:judgmentauthorityforworkconflictswillbeformedasfollows: nOneofthedepartmentsattheAppealsCourtassignedbythegeneralassemblyforthiscourtannually nChiefprosecutordelegatedbythePublicProsecutor n Representative from the concerned ministry assigned by the minister and the conflicting sides will appear before theauthority,inadditiontotheirlegalrepresentatives. Article 129: The judgment authority has 20 days to review the case starting from the day the papers arrive at its office. All the involved parties should be informed about the meeting date one week earlier. The period allowed for

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theauthoritytotakeafinaldecisiononthecaseisthreemonthsatthelatest. Article 130: The judgment authority shall be granted powers equaltothat oftheAppealsCourtaccordingtothelaw thatorganizesthejudiciaryandlegalproceduresrelatedtocommercialandcivilcases,and itsdecisionswillbesimilar tothatoftheAppealsCourt. Article 131: Except Article 126 of this law, if there are group conflicts, the ministry has right to interfere without obtaining permission from the conflicting parties to settle the dispute amicably. The ministry has right to refer the case to the judgment authority or ConflictsCommittee.Theconflictingpartiesshouldbringallnecessarydocuments asrequested. Article 132: It is prohibited for the conflicting parties to carry out any task together during the group conflict and negotiation. ChapterSix InspectingtheWorkandPenalties SectionOne:oninspectingthework Article 133: The minister appoints a group of specialized employees who will be granted the rightto take decisions and required to carry out their duties with dignity. Theyshouldnot divulge thesecretsofthe employersinvolvedin thegroupconflictsandeveryoneoftheseemployeeswilltakeanoathinfrontoftheminister. Article 134: The employees mentioned in the first paragraph are allowedtoentertheestablishmentsduringthework hours to inspect the records and registers which contain the information related to the workers. They have rightto take any sample for investigation. These employees have the right to enter the areas allocated by the employer for theserviceofworkers.Theyhavetheauthoritytousepublicsecuritytocarryouttheirduties. They are also authorized to issue warnings to the employers and give them grace period to correct theirviolations, whichwillbetransferredtothecourttorequiretheemployertopaythecorrespondingfine. Article 135: The specialized employees have the right to enforce Articles 83, 84and86incasetheemployerviolates part of this law and paragraphs of others laws like polluting the environment andpublic health or endangering the health and safety of the workers. Thedecision of the employees will go to theconcernedministerwhohasthefinal sayonclosingdowntheshoporpartialclosureaccordingtotheexistingmechanism. Article 136: The specialized employees have the authority toimposefinesonerringemployees,includingthosewho work in unspecified locations. They have power to use the security authorities and cooperate with other governmentalpartiesoverthegoodsthatworkersleftbehindandcannotbereplacedbytheemployer. SectionThree:onpenalties Article 137: Referring to any harsh punishment stipulated in another law, this law imposes fineof notmorethanKD 500 on those who violate Articles 8 and 35 of this law. In case of repeating the violation within three years, the penaltywillbedoubled. Article 138: Referring to anyharshpunishmentstipulatedinanotherlaw,thislawimposes ajailtermof notmorethan three years, and fine of not less than KD 1,000 and not more than KD 5,000 or one ofthesepenaltiesonthosewho violatethethirdparagraphofArticle10ofthislaw. Article 139: In case of violations against Article 57 of this law, theemployerisorderedto payfineequaltonotmore than the total workers entitlements, which have been delayed, while granting all the employment privileges t mentionedinArticle57. Article 140: Referring to any harsh punishment stipulated in another law, this law imposes fineof notmorethanKD 1,000tothosenotmentionedinarticles133and134ofthislaw. Article 141: Referringtoanyharshpunishmentstipulatedinanotherlaw,thislawpunisheswhoeverviolatesitsother articlesanddecisionsrelatedtothelawasfollows: n Violators should be notified on the need to rectifytheir mistakeswithinaperiodofnotmorethanthreemonths,as specifiedbytheministry. n If the violation is not cleared within the specified period, the violators will be asked to pay fine of not less than

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KD100, and not more than KD 200 for each of the employees, who suffered or witnessed the violation. In case of repeatingtheviolationswithinthreeyearsfromthelastviolation,thepenaltywillbedoubled. Article 142: Thepenaltywillbeimprisonmentwithinmaximumofsixmonthsandfine ofnotmorethanKD1,000orone of these penalties, on those found to have violated the closure or arrest decision, according to Article135,without clearingtheviolationsspecifiedbytheinspectors. ChapterSeven Theconclusionrules Article 143: The minister issues a decision on forming a consultative committee which consists of representatives from the ministry, Government Manpower and Restructuring Program, Executive Authority and from unions of the employers and workers deemed suitable by the ministers. The committee willthenpresentideasontheissuesasper theministersdemandsduringtheconsultation,includingdecisions. Article 144: complaints from workerswillnotbe acceptedayearafterthecontractexpires.Accordingtoparagraphs2 and article 442 of the Civil Law, the court can ask thosewho filedthecasetopay thecorrespondingcourt fees.One yearafterthecase,thecontractwillbeterminatedandthepetitionerswillbeaskedtopaythejudiciaryfees. Article 145: Except Article 1074 of the Civil Law, the rights of the workers will be according to the law and the employees, who have not been paid, will have right on the property ofthe employer, except the private residence, afterthedeductionofthejudiciaryfeesandamounttheemployerhastopaytothepublictreasury. Article 146: The worker or beneficiaries should submit application to the Labor Department, asking the other conflicting partyortheirrepresentative tocome.Ifthedepartmentcannotsettletheproblemamicablywithinamonth, thenitwillbetransferredtotheCourtofFirstInstance. Article 147: The court will renew the session to review the case within three days from the day the applicationwas received,andtheconflictingsidesinvolved. Article 148: The minister issues rules and regulations to execute this law within six months from the day of its publicationintheofficialnewspaper,andthroughdiscussionwiththeemployersandworkers. Article 149: Private sector labor law number 38/1964 will be canceledand rightsoftheworkersintheoldlawremains in effect, in addition to all decisionsthathavebeenissued,exceptthoseviolatingthenew laborlaw,anduntilsimilar decisionsisbeenissuedforthenewlaw. Article 150: The prime minister and ministers, all those concerned with the law, should execute thelawanditwillbe effectivefromthedayofitspublicationinthedailynewspaper. ExplanatoryMemorandumtothePrivateSectorLaborLaw With the discovery of oil in Kuwait and what followed after the social, economic and social changes, new work procedures began to emerge. Itwas then natural for the lawmakers to organize theseproceduresinaccordancewith theirnatureandthespiritofworktocopewiththemoderncivilization,whichprevailtheentireaspectsoflife. From this point, it has become necessary to think about issuing to labor law for the private sector to organize relations between laborers and employers, as it hasapositiveimpactonthenational outputonone hand,andcopes withinternationaltendenciesontheotherhand,astheypaymuchconcerntothelaborclass. The first law which organized labor in Kuwait emerged in 1959. This law wasmodifiedthroughAmiridecree number 43 of 1960 and through law number 1 of 1960, then it led to the its cancellation through law number 38 of 1964, concerninglaborintheprivatesector. In fact, this law underwent several modifications aimed at grantingspecialmerittolaborersintheOilSectorthrough law number 43 of 1968, which added a new chapter number 16 concerning the recruitment of laborers in the oil industry. Law number 28 of 1969 was issued to cancel this chapter to replace it with a report of merits for personnel in the petroleum sector. Thislawbecame themainlegislation whichcontrolslaborrelations,pavingthewaytotheissuance of law number 38 of 1964 governing laborers in theprivatesector.However,lawnumber28of1969isalsoapplicable tothepetroleumsectorinlinewithwhatwasmentionedinthedefinitionandverdictsissuedonthislaw.

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The labor law is aimed at basically ensuring a balance between thegoodofthelaborersandprotectingtheinterests ofemployersassuchabalancehasapositiveimpactonnationaloutputingeneral. Since many social and economic changes have emerged in the Kuwaiti community, modification of the existing law becamenecessary. In addition,the Arab andInternationalfieldshavewitnessednewdevelopments, whichcannotbeignored,especially since Kuwait is one of the countries that import expatriate laborers, therefore, it has become urgent to amend law number38of1964toadapttothenewchanges,especiallysinceithasbeenineffectforseveraldecades. Thinking seriously tomodifythislaw,two tendenciesemerged thefirstaimstomodify sometexts oftheexistinglaw inaccordancewiththeconsequencesoftheeconomicandsocialchanges. The second aims to issue a new law thatmatchesthecurrentphase andlatestdevelopments,stipulatingtheneed to take into consideration, while preparing the proposal, theimportance of a clear vision forthefutureand theneedto replaceexpatriateworkerswithnationalpersonnel.Itisoneofthemaingoalsthecountryneedstoachieve. The Ministry of Social Affairs and Labor prepared the draft law, considering the labor laws in theregion,aswell as the international and Arab agreements and modern juristic tendencies and judicial principles settled by the Kuwaiti Courtsunderthecurrentlaw. In addition, several consequent committees have been formed by the ministry, in coordination with the employers represented by Kuwait Chamber of Commerce andIndustry(KCCI) andlaborersrepresentedbyKuwaitTradeUnion Federationtostudythelaw. Moreover, the draft law has been discussed and some of its articles were modifiedthroughseveralsessionsheldin this regard to pavethe wayforitsapprovalinaform,whichincludes aclearvisionfor thefuture,toavoidrecurrence ofthecurrent shortage andplaceKuwaitontherightpath,amongthecountrieswithadvancedlaborlaws.Toachieve the target with integrity, an agreement has been reached to assess the opinion of the concerned government authorities, represented by the Public Authority for Housing Welfare ministries of Commerce, Industry, Health, Justice and Oil Higher Council for Planning and Development, Kuwait Municipality, Kuwait University, Public Authority for Social Security, Public Authority for Applied Education and Training, Civil Service Commission, and thesecretariatgeneralformanpower. Acommitteewasformedtoaddresstheseauthoritiesandpresentahalffinalizedtextoftheproposaltoconsidertheir recommendations for the final revision. These authorities responded positively astheyprovidedthecommitteewith plausible recommendations, leading to the rereading of the articles of the draft law, one by one, to paraphrase articlesinlinewiththerecommendations,aswellasthecreationofnewparagraphs,ifnecessary. Aspartofitskeennesstocomplywithwhathas beenmentionedandapprovedthrough theinternationalagreements, especially those signed and approved by Kuwait, the ministry sought the assistance of the International Labor Organization(ILO).Besides,ILOprovidestechnicalassistancetomembercountriestorevisesomeofthetexts. The draft law includes seven chapters. The first is for general rules, thesecond organizes the rules on usage and careertraining,thethirddeals withthe contractofindividualwork,thefourth dealswiththesystemandconditionsof labor, the fifth deals with group labor relations, the sixth deals with labor inspection and penalties, and seventh chapterdealswiththeconcludingrules. The proposal includes new rules ongranting morewarrantees tothe twopartsofproductionbyensuringjusticeand stability on the labor relations side and complying with similar legislations abroad,specially the international and ArabagreementssignedandapprovedbyKuwait. PartTwo Obligationsandpenaltiesforemployeesandemployers Article 32: the probation periodin theemployment contract should not exceed 100 days, which means 100 working days. As per law number 38/1964, an employee should not be under probation with the same employer more than once. The ambiguity in the stated law has been clarified, such that it is possible for any of the parties to end the contract during the probation period and that the employer shouldpay indemnity for the period within which the employeeworksforhimifheistheoneterminatingthecontract,inlinewiththislaw.

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Article 33: the provision of this article is similar tolawnumber38/1964intermsof theneedtoensureequalityamong employees. If an employer assigns partof the work to anotherpersonundersimilar conditionswithanemployee,he shouldtreatthemequallyandtheyshouldenjoythesamerights.

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