Latest news with #KuwaitLaborLaw
Arab Times
17-07-2025
- Business
- Arab Times
Know Your Rights: A Guide for Exploited Delivery Drivers in Kuwait
In the scorching streets of Kuwait, thousands of home delivery drivers—many employed through subcontracting companies are being pushed to the brink. Forced to work up to 14 hours a day without breaks, denied rest in extreme heat, and threatened with salary deductions for taking even a few minutes off, these workers are trapped in a system that disregards labor law and human dignity. Behind the convenience of food delivery lies a deeply exploitative structure where third-party agencies squeeze workers for maximum output while evading accountability. Dear Arab Times Legal Team I work as a home delivery driver under a third-party company contracted by a Famous Food Delivery Company. We are being assigned daily shifts of up to 14 hours without any breaks, even during the extreme summer heat. This is not just my case—it's the same for all car drivers. If any of us take a short break or request a day off, the subcontracting companies penalize us by deducting money from our salaries. As a result, we are not receiving our full wages despite working long hours. They have also implemented a 'batch system,' where even a 5-minute break results in a downgrade and further salary cuts. This feels like forced labor, and we are under constant pressure and fear of financial punishment. I have attached a screenshot as proof of our work assignments. We seek help to stop this exploitation. Violations by Subcontracting Third-Party Employers Working Hours Limit (Kuwait Labor Law - Article 64): The maximum legal working hours are 8 hours per day or 48 hours per week. Anything beyond this is overtime and must be paid extra with the employee's consent. Mandatory Breaks (Article 66): Employees must be given at least one hour of rest after 5 continuous hours of work. A 14-hour continuous work shift without a break is strictly prohibited under Kuwaiti labor law. Salary Deductions (Article 48 & Article 70): Employers cannot deduct wages unless authorized by law or a court order. Penalizing drivers by reducing wages for taking a short break (even 5 minutes) is illegal. Any batch system used to penalize workers outside of legal guidelines is not permitted under labor law. Paid Leave Rights (Article 70): You are entitled to paid weekly rest and annual leave. Punishing drivers for taking rest days is against the law. What You Can Do: File a Complaint at Shoun (Labor Relations Department): Visit the nearest PAM (Public Authority of Manpower) labor office. Bring a copy of your employment contract and proof of salary deductions or assigned working hours (screenshot, messages, shift plans). Mention the name of the third-party company working under main Delivery Company Call the Labor Helpline:
Arab Times
14-07-2025
- Health
- Arab Times
Are You Letting Your Free 15 Days of Sick Leave Go to Waste?
In Kuwait's private sector, understanding your rights and responsibilities around sick leave is essential. Governed primarily by Law No. 6 of 2010, the law outlines not only how sick leave is granted and calculated, but also what happens when it goes unused. Here's a complete guide for private-sector employees in Kuwait. No Compensation for Unused Sick Leave Employees should be aware that unused sick leave days do not carry over to the next year and cannot be encashed. If an employee doesn't use their allotted sick leave within a given year, it simply expires. There is no provision in Kuwaiti labor law to accumulate sick leave or receive financial compensation for unused days. Entitlement: 45 Days Per Year Under Article 70 of Kuwait Labor Law, private-sector employees are entitled to 45 days of sick leave per year, with a tiered salary deduction structure as follows: First 15 days: Full pay Next 10 days: 75% of salary Next 10 days: 50% of salary Next 10 days: 25% of salary Beyond 45 days: No pay This structure aligns with the model used by Kuwait's Civil Service Commission and is widely enforced across the private sector. How to Apply for Sick Leave via the Sahel App in Minutes Open your Sahel App Choose Services > Ministry of Health > Medical Sick Leave Request for Electronic Sick Leave Choose Workplace (if your workplace doesn't appear choose Others) Enter sick leave date Your Mobile No will appear Download your sick leave (Pdf format) Submit your sickleave to your company How to Apply for Sick Leave through Hospital/Clinic in the Private Sector Taking sick leave involves more than just calling in sick. Employees must follow specific procedures to ensure their leave is valid and paid: 1. Seek Medical Attention Visit an authorized Ministry of Health (MoH) hospital, clinic, or approved private facility. After evaluation, the doctor will issue a medical certificate that includes: The diagnosis (may be general) Duration of recommended rest Doctor's name and signature Official stamp of the clinic or hospital Some companies only accept sick notes issued by MoH-approved institutions, so it's crucial to confirm your employer's policy. 2. Notify Your Employer Immediately Inform your employer on the first day of illness, preferably through email or text message. Documentation is essential to prove you reported the absence promptly. 3. Submit Your Medical Certificate Send a scanned copy of the sick leave certificate to HR or your direct supervisor via official communication channels such as email. Ensure that this is completed within three working days, unless your company specifies otherwise. 4. Return to Work Promptly Once your sick leave ends, return to work on the next scheduled working day. For extended leaves, HR may require a fitness-to-work note before resuming duties. How Sick Leave Is Calculated Sick leave is counted annually (based on either the calendar year or your service year, depending on company policy). Leave is deducted sequentially from your 45-day entitlement, starting with full-pay days and moving through the graded structure. It's also important to note: Public holidays and annual leave days do not count against your sick leave balance. If you exceed the 45-day entitlement, subsequent sick days are unpaid unless otherwise approved. Examples of Sick Leave Pay Calculation Example 1: 20 Consecutive Sick Days Days 1–15: Paid at 100% Days 16–20: Paid at 75% Example 2: 50 Sick Days in One Year Days 1–15: 100% Days 16–25: 75% Days 26–35: 50% Days 36–45: 25% Days 46–50: Unpaid After Sick Leave Ends If you exceed the annual sick leave limit and continue to be absent, your employer may: Consider the excess days as unpaid leave Initiate disciplinary procedures, which could include termination For government-sector employees, the law (Law No. 18 of 1960) is more generous: 30 days with full pay 15 days with ¾ pay 15 days with ½ pay 15 days with ¼ pay 30 days with no pay In special cases, these may be doubled based on medical reports If the employee remains unfit after all leave, termination with full severance may follow Sick leave is a legal right—but also a regulated process
Arab Times
24-05-2025
- Business
- Arab Times
Know Kuwait Law: How To Safely Resign Despite Deportation Threats
Resigning from a job in Kuwait can be a stressful experience for many expatriates, especially when faced with resistance—or worse, threats—from their sponsors or employers. In some cases, employees who seek better opportunities and higher pay are met with intimidation, including warnings of deportation or blocked visa transfers. Others may unknowingly leave their job without completing proper legal formalities, only to discover later that they have been reported as absconding or blacklisted, making it impossible to get a new visa. Understanding Kuwait's labor laws, knowing your rights, and following the correct procedures for resignation, final settlement, and residency cancellation are crucial to ensure a smooth and lawful exit from the country, or a successful transfer to a new employer. This guide answers key legal questions about resigning in Kuwait, dealing with sponsor threats, avoiding legal traps, and safely navigating the exit or transfer process. Can Your Sponsor Legally Threaten You with Deportation for Resigning? No. Under Kuwait Labor Law, employees have the right to resign with notice, and employers or sponsors cannot legally deport you for seeking better employment. Threats of deportation are a form of intimidation and are considered a violation of labor rights. If your sponsor issues such threats, you can report them to the Public Authority for Manpower (PAM). Step-by-Step Guide for Employees Denied a Release in Kuwait 1. Check Eligibility for Release Without Sponsor Consent Under current labor laws, you can obtain a release without employer/sponsor approval in some cases, such as: Employer violates terms of the contract or labor law (e.g., delayed salaries, poor working conditions). Non-renewal of work permit after expiry. Employer reports employee as 'absent' without cause (can be challenged). Completion of contract period (after 3 years, especially in private sector). Business closure or legal violations by the employer. 2. File a Complaint with the Ministry of Labor (PAM) Go to the Public Authority for Manpower (PAM) office in your area. Submit a complaint against your employer (called a Shakwa in Arabic). You'll be assigned a date for a hearing/mediation. Documents needed: Civil ID Work permit Residency copy Contract copy Evidence of misconduct (if applicable, e.g., unpaid salaries) 3. Mediation or Legal Hearing PAM will first attempt to mediate between you and the employer. If the employer still refuses and you're legally entitled, PAM may approve your transfer to a new sponsor without the employer's consent. 4. Seek a Court Ruling (if needed) If PAM cannot resolve the case, you may file it in the labor court. Courts often rule in favor of the employee if there is proof of exploitation, unpaid wages, or contract completion What To Do If an Employer Threatens an Employee If an employer in Kuwait threatens to deport you for looking for another job or requesting a release/transfer, this is a serious violation of your labor rights, and you are legally protected under Kuwaiti labor law. Here's what you can—and should—do: 1. Know This First: Deportation is Not Legal Without Cause. Your sponsor cannot arbitrarily deport you for looking for another job, especially if: You're not violating the terms of your contract. You're not committing any criminal offense. You're following proper legal steps for transfer or resignation. Kuwaiti labor laws and international labor protections do not allow employers to use deportation as a threat or punishment for seeking better employment. 2. Document the Threats Keep screenshots, messages, emails, or voice recordings (if possible and legal). Note down dates, times, and exact wording used by the employer. This can serve as evidence if the matter escalates or you need to file a complaint. 3. File a Complaint at the Public Authority for Manpower (PAM) Go to your regional PAM office (Ministry of Labor). File a Shakwa (complaint) against your employer. Mention the threats of deportation and provide any evidence you have. PAM will summon your employer for a hearing or mediation session. PAM has the authority to stop unlawful deportatio n and allow you to transfer sponsorship if you're being harassed or threatened. 4. Contact Your Embassy If threats escalate or you feel unsafe: Contact your country's embassy in Kuwait immediately. Embassies often provide legal assistance, help with shelter, and liaise with Kuwaiti authorities to protect you. 5. Seek Help from NGOs or Legal Aid Groups Organizations such as the Kuwait Society for Human Rights or other expat support groups may offer guidance, translators, or legal referrals. Important Reminders: - Never leave your job without filing a complaint first, or your employer could falsely report you as 'absconding.' - An absconding report is serious, but it can be challenged and canceled through PAM if filed maliciously. - If your residency is still valid and you're not violating laws, you cannot be deported legally without due process. Threatening deportation is abuse of power. Kuwait's laws protect workers, especially in the private sector, and you have the right to change jobs and live free from intimidation.
Arab Times
21-05-2025
- Business
- Arab Times
Absconding Accusations in Kuwait? Know Your Legal Rights Now
For many expatriates arriving in Kuwait for the first time, unfamiliarity with local labor laws can lead to serious legal trouble. Misguided by poor advice or driven by the hope of earning higher wages, some expats abandon their original sponsors to work illegally for others, often unknowingly committing what is legally considered "absconding." On the other hand, not all absconding cases stem from actual wrongdoing by the worker. Sometimes, certain company owners or expatriate managers misuse their authority and file false absconding reports to intimidate or retaliate against employees. Even more concerning is the growing problem of visa trading, where brokers sell work permits to unsuspecting expats and later file absconding cases in bad faith to free up visa quotas for further illegal sale. Whether due to misinformation or exploitation, absconding cases can have severe consequences. This article offers a detailed legal breakdown of when a case can be filed and how workers can defend themselves and seek justice under Kuwait's labor laws. 1. Filing an Absconding Case: Legal Authority and Process A. Private Sector Employees (Article 18 Residency Holders) Legal Basis: Under Kuwaiti labor law, employers can file an absconding report if a worker fails to report to duty for seven (7) consecutive days without valid cause or prior approval. 1. Timeframe for Reporting: - The employer must submit an official absence (absconding) report to the Ministry of Interior (MOI) within fifteen (15) days from the first day of the worker's unnotified absence. - This absence is legally interpreted as 'implied resignation' and provides sufficient grounds for initiating absconding procedures. 2. Posting Notice: - As stipulated in Article 49 of the Kuwait Labor Law, the employer is mandated to display a copy of the absconding notice in a prominent location at the worksite until the matter is resolved - This step ensures that due process is maintained, and the employee is informed of the action taken B. Domestic Workers (Article 20 Residency Holders) Filing Procedure: 1. Initiation: - Household sponsors must report the unauthorized departure of a domestic worker within two (2) weeks to the Ministry of Interior. - Supporting documents such as the employment contract and civil ID copy should be attached. 2. Recruitment Office Responsibility: - If the domestic worker absconds within six (6) months of hire: The recruitment office is liable for reimbursing the employer for both recruitment expenses and the cost of a return air ticket. - If absconding occurs after six (6) months: The matter is escalated to the judicial system, which determines compensation obligations and responsibility for repatriation. 3. Legal Warning: - Harboring or employing absconded domestic workers is strictly prohibited and subject to penalties and legal prosecution. 2. Contesting or Removing an Absconding Case A. Private Sector Employees - Initial Filing and Contestation Window: Absconding complaints are filed with PAM (Public Authority for Manpower) and remain administratively active for up to ninety (90) days before transfer to the Ministry of Interior. Legal Remedies Within 90 Days: Withdrawal by Employer: The employer retains the right to cancel or withdraw the report via PAM's portal. Response Options: Day 1–30: The employee may file a formal objection at the Labor Relations Department, asserting that the absence was either justified or misreported. If accepted, the case is dropped, and full employment rights are preserved. Day 31–60: The employee may still file a complaint. If successful, they may recover their passport, halt residency cancellation, and prevent deportation. Requirements: The employee must provide supporting evidence such as: - Medical certificates - Travel documents - Prior resignation notices - Communication records with the employer 4. PAM Committee Review: The PAM review committee will assess the legitimacy of the claim. If the employer refuses to remove the case, it typically remains unless: The worker falls under the exemption categories: Spouse of a Kuwaiti citizen Palestinian nationals with valid documents Cases involving judicial rulings Applicants seeking transfer to family visas After 90 Days: The case is transferred to the Ministry of Interior. This may result in: - Cancellation of residency - Deportation orders - Blacklist status preventing re-entry into Kuwait Committee Authority for Removal (Joint Review): A joint panel from PAM and MOI may dismiss the absconding case if: - The employer withdraws the complaint and agrees to renew or transfer the visa. - The report is deemed malicious, fraudulent, or filed in error (e.g., during a visa transfer process). Employer Role and Online Resolution: The employer can initiate removal procedures through the PAM e-platform, but actual removal often requires in-person cooperation and settlement between parties. Preventive Legal Advice: Employees should: - Resign in writing - Document emergency leaves - File labor complaints promptly in case of abuse or non-payment of dues - This ensures protection from retaliatory absconding claims B. Domestic Workers Removal Procedure: & Filing by Employer: The sponsor files an absence report with the MOI via citizen service centers. Resolution Pathway: If the case is disputed, it must be referred to the Department of Regulating the Recruitment of Domestic Workers at PAM. by the Recruitment Office: For absconding within six months, the recruitment office remains liable for associated costs. Escalation: If employment exceeds six months or sponsorship lapses, legal disputes are handled by the judiciary. Removal: The case can be removed: - With the employer's consent - Via a court judgment - If the worker qualifies under special exemptions Kuwait's labor law provides structured processes for both employers and employees regarding absenteeism/absconding matters. While employers have defined rights to file such reports, employees and domestic workers are afforded due process and avenues for legal recourse. Prompt action, documentation, and legal representation are critical to protecting one's rights under Kuwait's labor and residency framework.
