Filipino Domestic Worker Employment Contract in Kuwait
This article explains the Filipino domestic worker employment contract in Kuwait, the legal framework governing it, the obligations of Kuwait and the Philippines toward domestic workers, and the Kuwaiti labor laws relevant to domestic employment contracts and the rights of both worker and employer.
What is the nature of the Filipino domestic worker employment contract in Kuwait? Does it differ from other domestic worker contracts? And what rights do domestic workers have?
We explain all of that in this article. Anyone who has a Filipino domestic worker employment contract, or a contract for any other nationality, should consult a skilled lawyer in Kuwait who specializes in domestic employment contracts.
Filipino Domestic Worker Employment Contract in Kuwait
The Kuwaiti legislator issued a special law for domestic workers in order to distinguish them from other workers who are subject to the Kuwaiti Labor Law, also known as the private-sector labor law.
Law No. 68 of 2015 regarding domestic workers was issued to regulate the employment relationship between the domestic worker and the employer, as well as the activities of domestic worker recruitment offices both inside and outside Kuwait.
However, one nationality is not directly governed by the Kuwaiti Domestic Workers Law: Filipino workers. They are governed by the agreement concluded between Kuwait and the Philippines on this matter.
Accordingly, the Filipino domestic worker employment contract in Kuwait must be concluded in line with the provisions of that agreement, which sets out the obligations of both Kuwait and the Philippines with respect to this workforce, as follows:
Obligations imposed on Kuwait in the Filipino domestic worker contract
The main obligations include the following:
Guaranteeing the rights of domestic workers in accordance with the laws and regulations in force in Kuwait.
Requiring the employer to provide food, housing, and clothing for the domestic worker, and to register the worker in health insurance covering treatment for illness or work-related injury.
Compensating the worker for occupational injuries and repatriating the body in the event of death, while also paying the wage for the month in which the death occurred.
Prohibiting the employer from retaining personal documents or identity papers belonging to the domestic worker, such as the passport, which under the agreement remains the property of the Philippine government.
Allowing the domestic worker to own and use mobile phones and other means of communication.
Facilitating the opening of a bank account in the domestic worker’s name and allowing the transfer of the monthly wage specified in the contract.
Settling any dispute relating to the domestic worker contract through the competent authority within 14 days.
Facilitating the domestic worker’s return to their home country upon termination of the contract.
Complying with payment of the Filipino worker’s salary in Kuwait in accordance with the minimum threshold prescribed under Kuwaiti laws, and paying end-of-service benefits for domestic workers.
Providing legal assistance to domestic workers in cases of breach of the employment contract or violation of the domestic workers law.
Establishing a mechanism to provide assistance to domestic workers around the clock, 24 hours a day.
When the contract is renewed after expiry based on the parties’ wishes, or when the domestic worker’s residency is transferred to another employer, two copies of the renewed contract must be prepared in accordance with the Filipino domestic worker contract renewal form used in Kuwait.
Obligations of the Philippines in the Filipino domestic worker contract
Ensuring medical fitness for work.
Ensuring the worker has a clean criminal record.
Requiring Philippine recruitment agencies not to deduct unlawful fees from the domestic worker’s wages.
Ensuring training and qualification of domestic workers.
Requiring domestic workers to comply with Kuwaiti laws, morals, values, and customs.
Ensuring that domestic workers are recruited only through licensed offices.
Labor Law in Kuwait
When we speak about labor law in Kuwait, we are actually referring to more than one law regulating work in the country, including the following:
Kuwaiti Labor Law No. 6 of 2010
This is the main and general labor law issued to regulate work in the private sector, and it applies to all employees working in that sector.
It also applies to maritime employment contracts and oil-sector workers’ contracts where no special provision exists in maritime commercial law or oil labor law.
Where a provision in the Labor Law is more beneficial to the worker, it may prevail, although domestic workers are expressly excluded from its scope.
The Kuwaiti Labor Law also regulates the relationship between worker and employer through a written employment contract supervised directly by the Public Authority for Manpower.
It specifies the obligations and rights of both parties, the penalties resulting from violations, and assigns jurisdiction over labor disputes to the labor courts after the matter is first submitted to the Public Authority for Manpower.
Domestic Workers Law No. 68 of 2015
The Kuwaiti legislator enacted the Domestic Workers Law, which regulates domestic work through a unified domestic employment contract between the domestic worker and the employer, and clarifies the rights and obligations of each party.
This law distinguishes the domestic worker from other workers by defining the domestic worker as any male or female person assigned to perform manual tasks inside private residences, or similar places, for individuals, under a written contract.
By contrast, the Kuwaiti Labor Law defines a worker as any male or female person who performs manual or intellectual work for the benefit of an employer, under that employer’s direction and supervision, in exchange for a specified wage.
International agreements
Labor regulation is also supplemented by international agreements between Kuwait and other countries regarding the recruitment and employment of workers. One example is the agreement signed between the Philippines and Kuwait, which governs the Filipino domestic worker employment contract in Kuwait.
FAQ
In closing this article on the Filipino domestic worker employment contract in Kuwait, we hope we have clarified the key aspects related to the Filipino domestic worker contract.
We also addressed end-of-service calculations for domestic workers, while stressing the importance of consulting a top lawyer in Kuwait who specializes in drafting employment contracts.
You can also review the domestic workers law in Kuwait for broader detail. You may also read about how to inquire about a labor complaint in Kuwait, in addition to drafting a labor-case defense memorandum in Kuwait.
You may also want to review: lawyer phone number in Kuwait, lawyers’ contact numbers in Kuwait, the lawyers directory in Kuwait, and the best law firms in Kuwait.
