The Private Sector Labour Law
Kuwait Law No. 6 of 2010 concerning Labour in the Private Sector, regulating employment relationships, contracts, wages, working hours, leave, end-of-service benefits, occupational safety, and workers’ rights.
Law No. (6) of 2010
Concerning Labour in the Private Sector - State of Kuwait
Table of Contents
Chapter One: General Provisions - Articles (1-6)
Chapter Two: Employment, Apprenticeship and Vocational Training - Articles (7-26)
Section One: Employment - Articles (7-11)
Section Two: Apprenticeship and Vocational Training - Articles (12-18)
Section Three: Employment of Minors - Articles (19-21)
Section Four: Employment of Women - Articles (22-26)
Chapter Three: Individual Employment Contract - Articles (27-54)
Section One: Formation of the Employment Contract - Articles (27-31)
Section Two: Employee Obligations - Articles (32-40)
Section Three: Termination of Employment and End-of-Service Benefits - Articles (41-54)
Chapter Four: Work Systems and Conditions - Articles (55-97)
Chapter Five: Collective Labour Relations - Articles (98-132)
Chapter Six: Labour Inspection and Penalties - Articles (133-142)
Chapter Seven: Final Provisions - Articles (143-150)
Chapter One
General Provisions
Article (1)
For the purposes of applying the provisions of this Law, the following terms shall have the meanings assigned to each of them:
Ministry: Ministry of Social Affairs and Labour.
Minister: Minister of Social Affairs and Labour.
Employee: Any male or female person who performs manual or intellectual work for an employer, under the employer's management and supervision, in return for remuneration.
Employer: Any natural or legal person who employs workers in return for remuneration.
Organization: An organization comprising a group of workers or employers whose work, professions or occupations are similar or related, and which safeguards their interests, defends their rights and represents them in all matters relating to their affairs.
Article (2)
The provisions of this Law shall apply to employees working in the private sector.
Article (3)
The provisions of this Law shall apply to maritime employment contracts in matters for which no provision is stipulated in the Maritime Commercial Law, or where the provision contained in this Law is more beneficial to the employee.
Article (4)
The provisions of this Law shall apply to the oil sector in matters for which no provision is stipulated in the Labour Law for the Oil Sector, or where the provision contained in this Law is more beneficial to the employee.
Article (5)
The following shall be excluded from the application of this Law:
Employees who are governed by other laws, with respect to matters regulated by such laws.
Domestic workers. The minister responsible for their affairs shall issue a decision setting out the rules governing the relationship between domestic workers and their employers.
Article (6)
Without prejudice to any better benefits or rights granted to employees under individual or collective employment contracts, special regulations, rules applicable at the employer's establishment, professional custom or general custom, the provisions of this Law shall constitute the minimum rights of employees.
Chapter Two
Employment, Apprenticeship and Vocational Training
Section One
Employment
Article (7)
The Minister shall issue decisions regulating the conditions for the employment of workers in the private sector, particularly with respect to:
Conditions for transferring workers from one employer to another.
Conditions for permitting workers to work part-time for another employer.
Information that employers are required to provide to the Ministry concerning government employees who are authorized to work for employers outside official government working hours.
Jobs, professions and occupations that may only be undertaken after passing professional examinations in accordance with controls established by the Ministry in coordination with the competent authorities.
Article (8)
Every employer shall notify the competent authority of its labour requirements. The employer shall also annually notify the competent authority of the number of employees working for it, using the forms prepared for this purpose and in accordance with the rules and conditions issued by a decision of the Minister.
Article (9)
A public authority having legal personality and an independent budget shall be established under the name Public Authority for Manpower, supervised by the Minister of Social Affairs and Labour.
The Authority shall assume the powers assigned to the Ministry under this Law and shall also be responsible for recruiting expatriate workers at the request of employers. Its organization shall be regulated by law.
Article (10)
An employer may not employ foreign workers unless the competent authority has authorized them to work for that employer.
The Minister shall issue a decision specifying the required procedures, documents and fees.
An employer may not recruit workers from outside Kuwait, or employ workers from within Kuwait, and subsequently fail to provide them with employment or where it is established that the employer has no genuine need for their services.
Article (11)
The Ministry and the competent authority are prohibited from exercising discrimination or preferential treatment among employers in relation to granting work permits or transfers.
Section Two
Apprenticeship and Vocational Training
Article (12)
An apprentice shall mean any person who has attained the age of fifteen and enters into a contract with an establishment for the purpose of learning a profession within a specified period, in accordance with agreed terms and conditions.
Article (13)
An apprenticeship contract shall be made in writing in three copies.
It shall specify the profession, the duration and successive stages of training, and the remuneration payable for each stage.
The remuneration during the final stage shall not be less than the minimum wage payable for similar work.
Remuneration may not be determined on the basis of production or piecework.
Article (14)
The employer may terminate the apprenticeship contract if the apprentice breaches the obligations arising from the contract or if periodic reports establish that the apprentice is not capable of learning the profession.
The apprentice may also terminate the contract.
The party wishing to terminate the contract shall notify the other party at least seven days in advance.
Article (15)
Vocational training means the theoretical and practical methods and programs that enable workers to develop their knowledge and skills, improve their productivity and prepare them for a particular profession or for transfer to another profession.
Article (16)
The Minister, in cooperation and coordination with the competent academic and professional authorities, shall determine the terms and conditions governing vocational training programs, their duration, theoretical and practical curricula, examination systems and certificates.
Article (17)
The establishment shall pay the employee his or her full remuneration throughout the training period, whether the training takes place inside or outside the establishment.
Article (18)
An apprentice or trainee shall undertake to work for the employer after completing the apprenticeship or training for a period equivalent to the apprenticeship or training period, provided that such period shall not exceed five years.
Section Three
Employment of Minors
Article (19)
The employment of persons under fifteen years of age is prohibited.
Article (20)
Persons who have attained the age of fifteen but have not reached eighteen may be employed with the permission of the Ministry, provided that:
They are not employed in industries or occupations that are hazardous or harmful to health.
They undergo a medical examination before commencing employment and periodic medical examinations thereafter.
Article (21)
The maximum working hours for minors shall be six hours per day.
A minor may not work for more than four consecutive hours without a rest period of at least one hour.
Minors may not be employed for overtime work, on weekly rest days, on official holidays, or during the night-time period specified by law.
Section Four
Employment of Women
Article (22)
Women may not be employed at night during the period specified by law, except in establishments and occupations exempted by a decision of the Minister, subject to the provision of appropriate security requirements and means of transportation.
Article (23)
Women may not be employed in dangerous, strenuous or health-hazardous occupations.
They may also not be employed in occupations that are morally harmful or that exploit their femininity in a manner inconsistent with public morals.
Article (24)
A pregnant employee shall be entitled to 70 days of paid maternity leave, provided that childbirth occurs during that period. Such leave shall not be deducted from any other leave entitlement.
At her request, she may be granted unpaid childcare leave for a period not exceeding four months following the end of maternity leave.
The employer may not terminate her employment while she is on such leave or because of an illness resulting from pregnancy or childbirth that is established by a medical certificate.
Article (25)
A female employee shall be granted time during working hours to breastfeed her child in accordance with the terms and conditions determined by the competent authority.
In the cases prescribed by law, the employer shall also establish childcare facilities for children.
Article (26)
A female employee shall be entitled to remuneration equal to that of a male employee where she performs the same work.
Chapter Three
Individual Employment Contract
Section One
Formation of the Employment Contract
Article (27)
A person who has attained the age of fifteen shall have the legal capacity to enter into an employment contract, subject to the restrictions and conditions prescribed by this Law.
Article (28)
An employment contract shall be made in writing and shall specify, in particular:
Date of conclusion of the contract.
Effective date.
Amount of remuneration.
Duration, where the contract is for a fixed term.
Nature of the work.
The contract shall be prepared in three copies: one for each party and a third copy to be deposited with the competent authority.
An employee's remuneration may not be reduced during the term of the contract.
The employee may not be assigned work that is inconsistent with the nature of the work agreed upon or that is unsuitable for his or her qualifications and experience.
Article (29)
All employment contracts shall be drawn up in Arabic.
A translation into another language may be added. In the event of any discrepancy, the Arabic text shall prevail.
Article (30)
Where an employment contract is concluded for a fixed term, its duration shall not exceed five years. It may be renewed by mutual agreement of the parties.
Article (31)
Where both parties continue to perform a fixed-term employment contract after its expiration without expressly renewing it, the contract shall be deemed renewed in accordance with the provisions of the Law, while preserving the employee's acquired rights.
Section Two
Employee Obligations
Article (32)
An employee may be subject to a probationary period stipulated in the employment contract, provided that it does not exceed 100 working days.
Either party may terminate the contract during the probationary period without notice.
An employee may not be placed on probation more than once by the same employer.
Article (33)
Where an employer assigns another party to perform all or part of its work under the same working conditions, equality of rights between the contractor's employees and the original employer's employees shall be observed in accordance with the Law.
Article (34)
In the circumstances prescribed by law, the employer shall provide suitable accommodation and transportation for employees or provide them with an appropriate housing allowance.
Article (35)
The employer shall display, in a prominent place at the workplace, the disciplinary regulations setting out the penalties that may be imposed on employees.
The regulations shall specify the violations and corresponding penalties. Penalties shall be progressive, and no more than one penalty may be imposed for the same violation.
Article (36)
The disciplinary regulations shall be approved by the competent authority before they are implemented.
Article (37)
No disciplinary penalty may be imposed on an employee unless the employee has been informed in writing of the allegations against him or her, given an opportunity to provide a statement and defence, and the investigation has been recorded in a report.
Article (38)
Deductions from an employee's remuneration in execution of disciplinary penalties may not exceed five days' remuneration per month. Any excess shall be carried forward to the following month or months in accordance with the Law.
Article (39)
An employee may be suspended from work for the purposes of an investigation for a period not exceeding ten days.
If the investigation establishes that the employee is not responsible, the employee shall receive remuneration for the period of suspension.
Article (40)
Amounts collected from disciplinary deductions imposed on employees shall be allocated to social, economic and cultural purposes benefiting employees, in accordance with regulations issued by the Minister.
Section Three
Termination of Employment and End-of-Service Benefits
Article (41)
The employer may dismiss an employee in accordance with the circumstances and conditions prescribed by the Law.
Such circumstances include committing an error resulting in substantial loss to the employer, obtaining employment through fraud or deception, or disclosing confidential information concerning the establishment where such disclosure causes loss.
The Law also specifies other circumstances in which dismissal may take place while preserving the employee's entitlement to end-of-service benefits.
Article (42)
Where an employee is absent from work without an acceptable excuse for seven consecutive days or twenty non-consecutive days during one year, the employer may deem the employee to have resigned, subject to the provisions of the Law.
Article (43)
Where an employee is held in pretrial detention as a result of an accusation made by the employer, or in execution of a non-final judgment, the employee shall be considered suspended from work.
The employment contract may not be terminated unless the employee is convicted by a final judgment.
Article (44)
Either party may terminate an indefinite-term employment contract after giving notice to the other party.
The notice period shall be:
At least three months for employees paid monthly.
At least one month for other employees.
Where notice is given by the employer, the employee shall be entitled during the notice period to take time away from work to search for alternative employment while remaining entitled to remuneration in accordance with the Law.
Article (45)
The employer may not terminate an employment contract while the employee is taking any leave to which he or she is legally entitled.
Article (46)
An employee's service may not be terminated without justification, because of trade union activity, or because the employee has claimed his or her legitimate rights.
Termination on the grounds of sex, origin or religion is prohibited.
Article (47)
Where either party unlawfully terminates a fixed-term employment contract, that party shall compensate the other party for the resulting damage within the limits prescribed by law.
Article (48)
An employee may terminate the employment contract without notice while retaining entitlement to end-of-service benefits in the circumstances prescribed by law.
These include the employer's failure to fulfill its obligations, an assault against the employee, or circumstances threatening the employee's safety or health.
Article (49)
The employment contract shall terminate upon the employee's death, established incapacity to perform the work, or illness after the employee has exhausted his or her sick-leave entitlement, subject to certification by the competent medical authorities.
Article (50)
An employment contract shall terminate in circumstances including the issuance of a final judgment declaring the employer bankrupt or the permanent closure of the establishment.
Where the establishment is sold, merged or its ownership is transferred, the employment contract shall continue and the relevant rights and obligations shall pass to the successor.
Article (51)
An employee shall be entitled to an end-of-service benefit calculated according to the employee's remuneration system and length of service.
For an employee paid monthly, the benefit shall be calculated on the basis of 15 days' remuneration for each of the first five years of service and one month's remuneration for each subsequent year, subject to a maximum of one and a half years' remuneration.
The employee shall also be entitled to a proportional benefit for fractions of a year according to the period actually served.
Article (52)
An employee shall be entitled to the full end-of-service benefit in the circumstances prescribed by law, including termination by the employer, expiration of a fixed-term contract without renewal, and certain other circumstances in which the employment relationship ends.
Article (53)
Where an employee terminates an indefinite-term employment contract, the proportion of the end-of-service benefit payable shall be determined according to the employee's length of service.
The employee shall be entitled to the full benefit upon completing ten years of service, subject to the provisions of the Law.
Article (54)
Upon termination of the employment contract, the employee shall be entitled to obtain from the employer an end-of-service certificate stating:
Length of service.
Nature of the work performed.
Last remuneration received.
The employer shall also return any documents, certificates or tools deposited by the employee.
Chapter Four
Work Systems and Conditions - Articles (55-97)
These provisions regulate, among other matters:
Wages and remuneration.
Payment dates and permitted deductions.
Working hours.
Weekly rest periods.
Overtime.
Official holidays.
Sick leave.
Paid annual leave.
Occupational health and safety.
Workplace injuries.
Occupational diseases.
Medical treatment and compensation.
Chapter Five
Collective Labour Relations - Articles (98-132)
This Chapter regulates:
Workers' and employers' organizations.
Employees' right to establish and join trade unions.
Establishment and organization of trade unions and federations.
Collective employment agreements.
Effects and conditions of collective agreements.
Collective labour disputes.
Settlement of collective disputes.
Conciliation and arbitration procedures.
Chapter Six
Labour Inspection and Penalties - Articles (133-142)
This Chapter regulates the powers of labour inspectors to monitor compliance with this Law and its implementing decisions.
Labour inspectors are authorized, subject to the provisions of the Law, to enter workplaces, inspect records and documents, and verify compliance with employment, occupational health and safety requirements.
It also provides for penalties applicable to violations of the Law and its implementing regulations.
Chapter Seven
Final Provisions
Article (144)
No claim brought by an employee pursuant to the provisions of this Law shall be heard, where denied, after the lapse of one year from the date of termination of the employment contract.
Claims brought by employees or their beneficiaries shall be exempt from court fees, subject to the court's power to award costs in circumstances prescribed by law.
Labour cases shall be heard on an expedited basis.
Article (145)
Employees' rights established under this Law shall have preferential status over the employer's assets in accordance with the priority and provisions prescribed by law.
Article (146)
Before filing a labour claim, the employee or his or her beneficiaries shall submit an application to the competent Labour Department.
The Department shall attempt to settle the dispute amicably. If no settlement is reached, the dispute shall be referred to the competent court in accordance with the procedures and time limits prescribed by law.
Article (147)
The Court Registry shall, within the legally prescribed period after receiving the application, schedule a hearing and notify both parties to the dispute.
Article (148)
The Minister shall issue the regulations and decisions necessary for the implementation of this Law.
Article (149)
Law No. (38) of 1964 concerning Labour in the Private Sector shall be repealed.
Employees shall retain all rights acquired prior to its repeal.
Decisions issued in implementation thereof shall remain in force insofar as they do not conflict with this Law until the decisions and regulations necessary for implementing this Law are issued.
Article (150)
The Prime Minister and the Ministers, each within their respective jurisdiction, shall implement this Law, which shall come into force from the date of its publication in the Official Gazette.
Amir of the State of Kuwait
Sabah Al-Ahmad Al-Jaber Al-Sabah
Issued at Seif Palace
26 Safar 1431 AH
Corresponding to 10 February 2010