Private Sector Labour Law
State of Kuwait · 143 stored articles
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- Article 1In applying the provisions of this Law, the term: 1 - Ministry: means the Ministry of Social Affairs and Labour. 2 - Minister: means the Minister of Social Affairs and…
- Article 2The provisions of this Law shall apply to workers in the private sector.
- Article 3The provisions of this Law shall apply to the maritime employment contract in matters for which no provision is made in the Maritime Commerce Law or where the provision…
- Article 4The provisions of this Law shall apply to the oil sector in matters for which no provision is made in the Labour Law in the Oil Business Sector or where the provision in…
- Article 5Workers to whom other laws apply, in respect of matters provided for in those laws. Domestic workers; the minister competent for their affairs shall issue a decision…
- Article 6Without prejudice to any better benefits or rights granted to workers under individual or collective employment contracts, special systems, regulations in force at the…
- Article 7The Minister shall issue decisions regulating the conditions for employing workers in the private sector, particularly the following: 1 - The conditions for transferring…
- Article 9A public authority with legal personality and an annexed budget shall be established, called )the Public Authority for Manpower(, supervised by the Minister of Social…
- Article 10An employer is prohibited from employing foreign workers unless the competent authority has authorized them to work for him. The Minister shall issue a decision…
- Article 11The Ministry and the competent authority are prohibited from practising any discrimination or preferential treatment among employers in granting work permits or…
- Article 12Every person who has completed fifteen years of age and is under contract with the establishment for the purpose of learning a trade within a specified period, in…
- Article 13The vocational apprenticeship contract must be in writing and drawn up in three copies, one for each of its parties, with the third deposited with the competent body at…
- Article 14The employer may terminate the apprenticeship contract if the apprentice breaches his duties arising under the contract or if the periodic reports concerning him…
- Article 15Vocational training means the theoretical and practical means and programmes that provide workers with an opportunity to develop their knowledge and skills and acquire…
- Article 16The Minister shall, in cooperation and coordination with the competent academic and professional bodies, determine the conditions and arrangements required for…
- Article 17An establishment subject to the provisions of this Part shall pay the worker his full wage for the period of his training, whether inside or outside the establishment.
- Article 18The vocational apprentice and trainee worker shall, after the end of his education or training period, work for the employer for a period equal to the apprenticeship or…
- Article 19The employment of persons under fifteen Gregorian years of age is prohibited.
- Article 20With permission from the Ministry, juveniles who have reached fifteen but have not reached eighteen may be employed subject to the following conditions: a - Their…
- Article 21The maximum working hours for juveniles shall be six hours daily, provided that they are not employed Index of the Law 889 Home Page Labour Law in the Private Sector Law…
- Article 22Women may not be employed at night during the period between ten in the evening and seven in the morning. Hospitals, sanatoriums, private treatment facilities and other…
- Article 23It is prohibited to employ a woman in work that is hazardous, arduous, or harmful to health. It is also prohibited to employ her in work that is harmful to morals and is…
- Article 24A pregnant female worker shall be entitled to paid maternity leave of seventy days, which shall not be counted against her other leave, provided that childbirth takes…
- Article 25A working woman must be granted two hours for breastfeeding during work, in accordance with the conditions and arrangements specified by a decision of the Ministry. The…
- Article 26A female worker is entitled to a wage equal to that of a man if she performs the same work. Index of the Law 890 Home Page Labour Law in the Private Sector Law No. 6 of…
- Article 27A person who has reached the age of fifteen shall have capacity to conclude an employment contract if it is of indefinite duration. If its duration is fixed, it may not…
- Article 28The employment contract shall be evidenced in writing and shall specify, in particular, the date of conclusion of the contract, its effective date, the amount of the…
- Article 29All contracts shall be drawn up in Arabic, and a translation into another language may be added, with the Arabic text prevailing in the event of any dispute. The…
- Article 30If the employment contract is for a fixed term, its term must not exceed five years or be less than one year. The contract may be renewed upon expiry of its term with…
- Article 31If the employment contract is for a fixed term and the parties continue to perform it after the expiry of its term without renewal, it shall be deemed renewed for like…
- Article 32The worker's probationary period shall be specified in the employment contract, provided that it does not exceed one hundred working days. Either party to the contract…
- Article 33If an employer entrusts another with the performance of any of his work or part thereof by way of subcontracting, and this takes place under the same working conditions,…
- Article 34An employer contracted to execute a government project or employing its workers in areas remote from inhabited areas shall provide suitable accommodation for the…
- Article 35The employer shall display, in a conspicuous place at the workplace, the schedule of penalties that may be imposed on workers who commit violations. The following shall…
- Article 36The employer must obtain the Ministry’s approval of the penalties regulations before applying them. The Ministry may amend them according to the nature of the…
- Article 37No disciplinary sanction may be imposed on a worker except after he has been notified in writing of what is alleged against him, his statements have been heard, his…
- Article 38No deduction from a worker's wage may be effected for a period exceeding five days per month. If the penalty exceeds that, the excess amount shall be deducted from the…
- Article 39The worker may be suspended in the interests of the investigation conducted by the employer or the employer’s representative for a period not exceeding ten days. If the…
- Article 40The employer shall place the proceeds of deductions from the wages of his workers in a fund designated for expenditure on social, economic and cultural matters that…
- Article 41Subject to the provisions of Article (37) of this Law: a- The employer may dismiss the worker without notice, compensation, or gratuity if the worker commits any of the…
- Article 42If a worker is absent from work without an acceptable excuse for seven consecutive days or twenty nonconsecutive days during a year, the employer may deem him to have…
- Article 43If a worker is imprisoned because of an accusation made against him by the employer, whether in pretrial detention or in execution of a non-final judicial judgment, he…
- Article 44If the employment contract is of indefinite duration, either party may terminate it after notifying the other party in the following manner: a- At least three months…
- Article 45The employer may not exercise the right to terminate the contract conferred upon it under the preceding Article while the worker is taking any of the leaves provided for…
- Article 46The worker's service may not be terminated without justification or because of his trade union activity or because of claiming or enjoying his lawful rights in…
- Article 47If the employment contract is for a fixed term and either party terminates it without right, that party shall be obliged to compensate the other party for the damage…
- Article 48The worker may terminate the employment contract without notice, while retaining entitlement to the end-of-service gratuity, in any of the following circumstances: a- If…
- Article 49The employment contract terminates upon the worker’s death or upon proof of his incapacity to perform his work or because of an illness for which he has exhausted his…
Articles 51 – 10050
- Article 51The worker shall be entitled to an end-of-service gratuity as follows: -a- Ten days’ wages for each year of service during the first five years and fifteen days’ wages…
- Article 52Subject to the provisions of Article (45) of this Law, the worker shall be entitled to the end-of-service gratuity provided for in the preceding Article in full in the…
- Article 53The worker shall be entitled to half the end-of-service gratuity stipulated in Article (51) if he terminates the indefinite-term contract on his own initiative and his…
- Article 54A worker whose employment contract has ended shall be entitled to obtain from the employer an end-of-service certificate containing a statement of his period of service,…
- Article 55Wage means the basic wage that the worker receives or ought to receive in return for and by reason of his work, together with all elements stipulated in the contract or…
- Article 56Wages shall be paid on a working day in the currency in circulation, subject to the following: a- Workers appointed on a monthly wage shall be paid their wages at least…
- Article 57An employer employing no fewer than five workers, in accordance with the provisions of this Law, shall pay the entitlements of his workers into their accounts with local…
- Article 58The employer may not transfer a worker paid on a monthly basis to another category without the worker’s written consent thereto, without prejudice to the rights acquired…
- Article 59A- No more than (10 percent) of the worker’s wage may be deducted in repayment of debts or loans owed to the employer, and the latter shall not charge any interest…
- Article 60The worker may not be compelled to purchase food or goods from particular shops or from among those produced by the employer.
- Article 61The employer is obliged to pay his workers’ wages during the period of closure if he deliberately closes the establishment to compel the workers to yield and submit to…
- Article 62In calculating the worker’s entitlements, the last wage he received shall be taken into account. If the worker is among those who receive their wages by the piece, his…
- Article 63The Minister must issue a decision at intervals not exceeding five years specifying the minimum wage according to the nature of occupations and industries, guided in…
- Article 64Without prejudice to the provisions of Article (21) of this Law, a worker may not be employed for more than forty-eight hours per week or eight hours per day except in…
- Article 65A- A worker may not be employed for more than five consecutive hours per day without those hours being followed by a rest period of not less than one hour. Rest periods…
- Article 66Without prejudice to the provisions of Articles (21) and (64) of this Law, a worker may, by a written order of the employer, be employed for an additional period if…
- Article 67The worker has the right to paid weekly rest, fixed at twenty-four consecutive hours following every six working days. The employer may, when necessary, require the…
- Article 68The official holidays prescribed for the worker with full pay are: a- Hijri New Year's Day: one day. b- Isra and Mi'raj Day: one day. c- Happy Eid al-Fitr: three days.…
- Article 69Subject to the provision of Article (24) of this Law, the worker is entitled to the following sick leave during the year: - Fifteen days – at full pay. - Ten days – at…
- Article 70The worker shall be entitled to paid annual leave of not less than thirty working days, provided that the worker becomes entitled to leave for the first year after…
- Article 71The worker shall be paid the wages due to him for annual leave before taking it.
- Article 72The employer has the right to determine the timing of annual leave and may also divide it, with the worker's consent, after its first fourteen days. The worker has the…
- Article 73Without prejudice to the provisions of Articles (70) and (71), the worker shall have the right to receive cash compensation for the days of his accumulated annual leave…
- Article 74Without prejudice to the provisions of Article (72), the worker may not waive annual leave, with or without consideration. The employer may recover the wages paid to the…
- Article 75The employer may grant the worker paid study leave to obtain a higher qualification in his field of work, provided that he undertakes to work for him for a period equal…
- Article 76A worker who has spent two consecutive years in the service of the employer shall be entitled to paid leave of twenty-one days to perform the obligatory Hajj pilgrimage,…
- Article 77In the event of the death of one of his first- or second-degree relatives, a worker shall be entitled to three days of leave with full pay. A Muslim female worker whose…
- Article 78The employer may grant the worker paid leave to attend labour conferences and periodic and social labour meetings. The Minister shall issue a decision setting out the…
- Article 79The employer may grant the worker, at his request, special unpaid leave other than the leave referred to in this Chapter. Chapter Four Occupational Safety and Health…
- Article 80Every employer shall maintain for each worker an employment file containing a copy of the work permit, a copy of the employment contract, a copy of the civil identity…
- Article 81Every employer must keep occupational safety records in accordance with the forms and controls concerning which a decision shall be issued by the Minister.
- Article 82The employer must post, in a conspicuous place at the workplace, regulations approved by the competent Labour Department, containing in particular the daily working…
- Article 83The employer must take all necessary safety precautions to protect workers, machinery, materials handled in the establishment and persons frequenting it against…
- Article 84The employer shall explain to the worker, before the worker commences work, the risks to which the worker may be exposed and the preventive measures that the worker must…
- Article 85After obtaining the opinion of the concerned entities, the Minister shall issue a decision specifying the types of activities that are required to provide the equipment…
- Article 86The employer must take precautions sufficient to protect the worker from health hazards and occupational diseases arising from the performance of work, and must provide…
- Article 87The worker must use protective equipment, undertake to use with care the equipment in his possession, and comply with the instructions laid down for his safety, health,…
- Article 88Subject to the provisions of the Social Insurance Law, the employer shall insure his workers with insurance companies against work injuries and occupational diseases.…
- Article 89When applying the provisions of work injury insurance under the Social Insurance Law, those provisions shall, in respect of insured persons subject to that insurance,…
- Article 90If a worker is injured in an accident arising out of or in the course of work, or on the way to or returning from work, the employer shall report the accident…
- Article 91Without prejudice to the provisions of Law No. (1) of 1999 concerning health insurance for foreigners and the imposition of fees for health services, the employer shall…
- Article 92Every employer shall periodically provide the competent Ministry with statistics on occupational injury accidents and occupational diseases that have occurred at his…
- Article 93A worker who suffers a work injury or an occupational disease shall have the right to receive his wage throughout the period of treatment determined by the physician. If…
- Article 94The injured worker or those entitled on the worker’s behalf shall have the right to compensation for a work injury or occupational diseases in accordance with the…
- Article 95The worker’s right to compensation for the injury shall lapse if it is established by the investigation: a- That the worker deliberately injured himself. b- That the…
- Article 96If a worker contracts an occupational disease or symptoms of an occupational disease appear in him during service or within a year of leaving work, the provisions of…
- Article 971 - The medical report issued by the treating physician or the determination of the Medical Arbitration Committee concerning the condition of the injured worker shall…
- Article 98The right of employers to form federations and the right of workers to organize trade unions are guaranteed in accordance with the provisions of this Law. The provisions…
- Article 99All Kuwaiti workers have the right to form among themselves trade unions that safeguard their interests, work to improve their financial and social conditions, and…
- Article 100The following shall be followed in the procedures for establishing the organization: 1 - A number of workers wishing to establish a trade union or a number of employers…
Articles 101 – 15045
- Article 101The organization's articles of association shall specify its objectives and the purposes for which it was established and the conditions Index of the Law 904 Home Page…
- Article 102The elected board of directors shall deposit the organization's founding documents with the Ministry within fifteen days from the date of its election. The organization…
- Article 103Workers, employers and their organizations, when enjoying the rights set forth in this Part, shall respect all laws in force in the State, in the same manner as all…
- Article 104The Ministry shall guide trade union organizations and employers’ organizations towards the proper application of the law and the manner of making entries in the…
- Article 105Trade unions shall be entitled, after obtaining the approval of the employer and the relevant authorities in the State, to open canteens and restaurants to serve workers…
- Article 106Unions publicized in accordance with the provisions of this Part may form federations among themselves to safeguard their common interests. Federations publicized in…
- Article 107Federations, the General Federation and trade unions have the right to join Arab or international federations with which they consider their interests to be connected,…
- Article 108Employers’ and workers’ organizations may be voluntarily dissolved by a resolution issued by the general assembly in accordance with the organization’s articles of…
- Article 109Employers shall provide workers with all decisions and regulations relating to their rights and duties.
- Article 110The employer may release one or more members of the board of directors of the trade union or federation from their work duties to attend to the trade union's affairs…
- Article 111A collective employment contract is a contract regulating the terms and conditions of work between one or more trade unions or federations of workers and one or more…
- Article 112The collective labour contract must be in writing and signed by the worker, and must be presented to the general assembly of each of the workers’ and employers’…
- Article 113A collective employment contract must be for a fixed term not exceeding three years. If its two parties continue to perform it after the expiry of its term, it shall be…
- Article 114If either party to a collective employment contract wishes not to renew it after the expiry of its term, it must notify the other party and the competent Ministry in…
- Article 1151- Every condition in an individual employment contract or collective employment contracts that contravenes the provisions of this Law shall be void, even if it predates…
- Article 116A collective employment agreement shall not become effective until it has been registered with the competent Ministry and a summary thereof has been published in the…
- Article 117A collective employment contract may be concluded at the establishment, industry, or national level. If a collective employment contract is concluded at the industry…
- Article 118The provisions of the collective employment contract shall apply to: a- Workers’ trade unions and their federations that concluded the contract or acceded to it after…
- Article 119Workers’ withdrawal from the trade union or their expulsion from it shall not affect their being subject to the provisions of the collective employment contract if the…
- Article 120Trade unions or their federations, or employers or their associations, that are not contracting parties may accede to the collective employment contract after…
- Article 121A collective employment contract concluded by the establishment's trade union shall apply to all workers of the establishment, even if they are not members of the trade…
- Article 122Workers’ and employers’ organizations that are parties to a collective employment contract may bring all actions arising from a breach of the provisions of the contract…
- Article 123Collective labour disputes are disputes that arise between one or more employers and all of his workers or a group of them because of work or because of working…
- Article 124If collective disputes arise, their two parties must resort to direct negotiation between the employer or his representative and the workers or their representatives.…
- Article 125Either party to the dispute may—if direct negotiation does not lead to its resolution—submit an application to the competent Ministry for an amicable settlement of the…
- Article 126Formation of the Labour Disputes Conciliation Committee from: a- Two representatives selected by the trade union or the workers in dispute. b Two representatives…
- Article 127The Conciliation Committee shall complete its consideration of the dispute within one month from the date it receives the application. If it succeeds in settling it…
- Article 128The arbitration panel for collective labour disputes shall be constituted as follows: 1 - One of the chambers of the Court of Appeal, designated annually by the General…
- Article 129The arbitration tribunal shall hear the dispute within a period not exceeding twenty days from the date on which its papers reach the Registry Department. Each party to…
- Article 130The arbitration tribunal shall have all the powers of the Court of Appeal pursuant to the provisions of the Law on the Organization of the Judiciary or the provisions of…
- Article 131As an exception to the provision of Article (126) of this Law, the competent Ministry may, in the event of a collective dispute, if necessity so requires, intervene…
- Article 132The two parties to the dispute are prohibited from stopping work, wholly or partially, during direct negotiation proceedings or proceedings before the Conciliation…
- Article 133The competent employees designated by the Minister, by a decision he issues, shall have the status of judicial Law Index 909 Home Page Private Sector Labour Law Law No.…
- Article 134The employees referred to in the preceding Article shall have the right to enter workplaces during the establishment's official working hours, inspect records and books,…
- Article 135The officials responsible for inspection may, where the employer violates the provisions of Articles (83, 84, 86) of this Law and the decisions issued in implementation…
- Article 136The employees responsible for inspection shall have the authority to draw up notices of violations for workers who work without a specified workplace. For this purpose,…
- Article 138Without prejudice to any more severe penalty prescribed by any other law, every employer who violates the provisions of the second paragraph of Article Ten shall be…
- Article 140Without prejudice to any more severe penalty provided for by any other law, anyone who fails to enable the competent employees designated by the Minister to perform…
- Article 142Anyone who violates a suspension or closure order issued pursuant to the provisions of Article (135) of this Law without remedying the violations of which the competent…
- Article 143An advisory committee for labour affairs shall be formed by a decision of the Minister, comprising representatives of the Ministry, the Manpower Restructuring Agency,…
- Article 144In the event of denial, actions brought by workers pursuant to the provisions of this Law shall not be heard after one year from the date of termination of the…
- Article 146The action must be preceded by an application submitted by the worker or those entitled through him to the competent Labour Department. The Department shall summon the…
- Article 147The Court Registry shall, within three days from the date of receipt of the application, fix a hearing to consider the action, and both parties to the dispute shall be…
- Article 148The Minister shall issue the regulations and decisions necessary to implement this Law within six months from the date of publication of this Law in the Official Gazette…
- Article 149Law No. 38 of 1964 concerning labour in the private sector is repealed, and workers shall retain all rights that accrued under it before its repeal. All decisions issued…