Every business operating in Kuwait has to follow the labor laws of the country. The Labor Law (Law No. 6 of 2010) applies to all the employees in the private sector, and the employers need to have a thorough knowledge of them.
The Labor Law deals with different aspects of the employment such as employee contract, remuneration, deductibles and the nature of leaves.
Implications of the Labor Law
The Ministry of Social Affairs and Labor (MSA&L) oversees and implements the regulations related to private sector employees. The law is applicable for all employees of the private sector sans few exceptions such as temporary contractors and domestic servants. The law also applies to foreign companies which hold a branch in Kuwait and extends to immigrant workers working and living in the region.
The employer needs to follow the provisions detailed in the Labor Law while drafting the contract of the employees. The conditions include various aspects such as terms of service, description of the job, and other conditions that apply to the employees.
The law also details the regulations for remunerations and deductions related to an employee. Such aspects include commissions, basic pay, incentives, obligatory bonuses, gratitude from other parties and so on. The remuneration also provides room for payments for injury and disability arising out in the workplace.
The Labor Law details the working hours and employers have to abide by the regulations. The employees should also be provided holidays according to the provisions and are eligible for annual leaves. There are other considerations and payments to take into account such as working overtime. The government has formulated separate laws for female employees with provisions such as maternity leave and annual leaves.
The law provides rules for termination of an employee and the benefits he is eligible to receive. Issues such as health and safety of the worker and disputes related to trade unions are also accounted for in the law.
Professional Legal Advice and Assistance with Labor Laws
Al Naqeeb and Partners offer a full range of consultation and assistance with Labor Law of Kuwait. We help our clients understand the implications of the Labor Law and regulations so that they can operate without encountering difficulties.
We advise our clients on drafting employee contracts and reviewing them for each jurisdiction. We also facilitate the collection of all documents and paperwork necessary for legally obtaining employees and engaging them in private service.
Our firm also deals with employee-specific issues such as differentiation of laws according to the country where the labor was hired with local laws. We also help our clients resolve employee disputes and represent them in the court if required by the law.
Al Naqeeb and Partners enable clients to achieve full compliance with all the labor laws and regulations in Kuwait. We can help you with all documentation and processes starting from the recruitment of employees to their termination.
Get in touch with us if you want to set up your own company and need to hire employees.
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