ARAB TIMES, MONDAY, MAY 9, 2011 ISSUES 12 SPECIAL REPORT insight A conversation with Mostafa Saad Contracts should not violate Labor Law New Labor Law beneficial to employees By Iddris Seidu execution of the laws and regulations. Therefore, it is clear the labor law is fair terminate his work contract without Arab Times Staff Secondly, let’s look at the command- for all nationalities. It truly seeks public notification and shall be entitled to his ing nature of the rules of the labor law. interest, and will attract many employers end of service benefit in any of the fol- MOSTAFA Mohamed Saad, Legal One of its most important features is to work in the private sector because lowing cases: Counsel at Abulhameed Al Sarraf & the commanding nature of its rules, according to these new laws, even private a- If the employer does not abide by Partners Law Firm, International especially those of articles 6, 7, 28 and sector employees now stand to benefit the terms of the contract or the provi- Division — in an interview with the 115. The employer shall not make an almost on par with public sector employ- sions of the law; Arab Times — explains in great detail agreement that violates the rules of the ees. b- If the worker was assaulted by or the new labor law, and how the amend- labor law. The employer cannot com- The new labor law is reasonable and by the provocation from either the ed rules benefit employees, and work promise the rights of workers below fair and it does not in any way negatively employer or his deputy. to the advantage of the nation’s econo- the minimum prescribed rights given impinge on the development process of c- If continuing work will endanger my. He makes a strong case for the new by the law to the worker. the country. The concerns that the new his safety and health pursuant to the labor law and rather emphatically Thirdly, let’s consider how the law law has given a big leeway to employees decision of the medical arbitration proves that it is a big leap in the coun- protects the economic interests of the by way of long leaves are unfounded, committee at the Ministry of Health. try’s approach to development. workers. The law has set the minimum because the leaves are very reasonable d- If the employer or his deputy com- Question: Can you put the new salary for workers at KD 60. Issued on and fair. Holidays for religious occasions mitted an act of cheating or fraud with labor law in perspective for us? What 25/4/2010 the ministerial decision No. and national celebrations are a must for regard to work conditions upon signing were the main objectives of the amend- (185/p) of the year 2010 has set out a the people. There is no doubt that equali- the contract. ments? minimum salary for private sector ty of public and private sectors in the mat- e- If the employer has accused the Answer: There is no doubt that the workers. It is not permissible to force ter of leaves is a good thing. worker of committing a punishable act new labor law No. 6 of the year 2010 the worker to buy food or commodities Some highlights of the new Labor and the final verdict acquitted him. made a great impact on the employers from specific shops or what is being Law: f- If the employer or his deputy com- immediately after its issuance. By issu- produced by the employer. The Article (22) mits an act that violates public morals ing the new labor law No. 6 of the year employer is liable to pay salaries of his It is prohibited to employ women at against the worker. 2010, the state aimed to restructure employees during the closing period. night during the period from 10:00 at Article (49) manpower in the State of Kuwait and The law ensures that deduction out- night to 7:00 in the morning. This The work contract shall be terminat- encourage Kuwaiti civilians to work in come against disciplinary sanctions excludes hospital, sanatoriums, private ed by the death of the worker or in the the private sector through advantages benefits the employee. The benefits are treatment homes and establishments in event where the worker is proven inca- and rights stipulated in this law as the not to be transferred to the public treas- respect of which a resolution by the pable of performing his work, or due to foreign workers form more than 80 ury as it is in the civil service law pur- Minister of Social Affairs and Labor a sickness that uses up all the workers’ percent of manpower in Kuwait. There suant to articles 38, 39, and 40 thereof. shall be issued. sick leave entitlements as evidenced by are 2.3 million expatriates and 1.1 mil- According to the new labor law, the Article (24) a medical report approved by compe- lion Kuwaiti civilians. employers pursuant to provisions of A pregnant working woman shall be tent official medical bodies. The job market in Kuwait, like the this law shall pay receivables of their entitled to paid maternity leave of 70 Article (50) rest of the Gulf states, comprises of dif- workers to their accounts, and a copy days, not included in her other leaves, The employment contract shall be ferent nationalities. There are more of statements sent to the ministry of provided that she gives birth within this deemed terminated in the following than 150 nationalities characterized by Social Affairs and Labor. period. events: diversification, mobility, instability, It is also not permissible to deduct After the end of the maternity leave, a- If a final verdict was issued cultural, social and religious differ- more than 10 percent of employee’s the employer may give the working declaring bankruptcy of the employer. ences. These characteristics impose on salary in order to meet debts or loans. woman, at her request, an unpaid leave b- If the establishment was perma- everyone the need to tolerate one The law is flexible to include as for a period not exceeding four months nently closed. another and maintain security and eco- salary all that has been stipulated for to take care of the baby. In the event where the establishment nomic stability. the worker including things like car The employer may not terminate the is sold, merged with another establish- The new labor law includes many allowance, and others allowances such Mostafa Mohamed Saad services of a working woman while she ment or transferred by inheritance, advantages that grant labors their rights as residence and travel tickets for him is on such leave or during her absence donation or other legal action, the work against arbitrariness that they were and his family. Therefore, all these from work because of a sickness that is contract shall remain valid under the exposed to in many worksites. Most countries that have workers in things shall be added to the basic salary as mentioned in the contract. The biography proved by medical certificate that states that the sickness resulted from same conditions and the obligations and rights of the original employer Kuwait are happy; however, there were amounts which the employee gets in pregnancy or giving birth. towards the workers shall be trans- some are not happy with the conditions addition to these things for his per- Mostafa Mohamed Saad Association. He has worked at Article (25) ferred to the employer who has taken of their workers in the private sector. formance and so on shall not be Mohamed Ali is the Legal the New Marine Company for The working woman shall be his place. Then there were Human Rights Counsel at Abdulhameed Al- shipping services as an in- deemed as salary. Sarraf & Partners Law Firm, house lawyer, and the allowed a two-hour break during her Article (51) Organizations and International Labor Article 55 of the new Kuwaiti labor International Division. He grad- International Division – working hours in order to feed her baby The worker shall be entitled to an end Organization who had many reserva- law signifies that salary annexed is an uated in Faculty of Law – Mohamed Gbreel Seyom law according to such conditions as shall be service benefit as follows: tions against some of the practices in example but is not limited to it, as English Department – from firm in Alexandria, Egypt. He set forth in the Ministry’s decision. The a- The worker shall be entitled to a 10 our country. The labor law is a historic salary has many forms. Alexandria University, and is a joined Abdulhameed Al-Sarraf & employer shall establish a nursery for days remuneration for each of the first and civilized achievement, and it is not Salary annexed according to the new member of Egyptian Bar Partners law firm in Jan 2010. children below the age of 4 at the place five years of service and a 15 days remu- of only national importance, but it is labor law should include periodical of work in the event where the number neration for each year thereafter. The significant even internationally. premiums and determination of salary of female workers exceeds 50 or the total of the end of service benefit shall not The new law represents a qualitative with a share of profits. 70-day maternity leave. The law also guarantees the right of the employee to number of workers exceeds 200. exceed one-year remuneration for leap in workers’ rights as the old law Q: The leave rules in the new labor grants a female employee the right to defend himself against accusations Article (32) employees who are paid daily, weekly, issued in 1964 was more than 47 years law were much talked about. Can you request for non-paid leave of up to four according to article 37 of labor law. The probation period of the worker hourly or piecework basis. old and was created for those times. We shed more light on that aspect of the month to take care of her baby. With regard to forming syndicates, shall be specified in the work contract, b- The worker shall be entitled to a 15 have moved far ahead now, and have law, and show us the plusses and For Muslim women, the Idda leave is the law grants all Kuwaiti employees provided that it shall not exceed 100 days remuneration for each of the first witnessed many developments with minuses in them? estimated to be four months and ten the right to form syndicates according working days. Either party may termi- five years of service and one month which the old law did not keep pace. A: Firstly, let’s look at the leave peri- days from the date of the death of her to article 90. nate the contract during the probation remuneration for every year thereafter. The old law was also becoming a stum- ods stipulated for employees. The husband. She is not supposed to work To give you an idea about how keenly period without notice. In the event The total of the end of service benefit bling block for achieving our goals, annual leave shall be thirty days due for anyone else during this period. the legislators have tried to protect the where the termination is made by the should not exceed one and a half year especially those of the Kuwaiti youth after nine months of work. The legisla- Non-Muslim female employees can rights of workers, the law says that it is employer, he shall pay the worker’s remuneration for employees who are who want to work in the private sector. tors also took into consideration holi- obtain 21 days of paid leave upon the not permissible to terminate the service of end of service benefit for the period of paid on a monthly basis. The national work law paved the way days that are not included in the annual death of their husbands. an employee without justification pur- work in accordance with the provisions The worker shall be entitled to benefit for a large number of citizens to enter leave: official holidays and sick leave of this law. for the fraction of the year in proportion the private sector. The old law did not Then there is the law pertaining to spe- suant to article 46 of labor law, and the shall not be computed as annual leave. cial nurseries for children less than 4 law also outlines the liabilities of employ- The worker shall not be on probation to the period of service. Loans and cred- have enough incentives to encourage The employee has the right to accu- more than once for the same employer. its owed by the workers shall be deduct- the citizens to opt for private sector as years as stipulated in article 25. The terms ers on communiqué of absenteeism of an mulate leave for a maximum of two of application of this commitment employee. The Minister shall issue a resolution to ed from the end of services benefit. a viable job opportunity area. years, and he can with the approval of organize the conditions and regulations The provisions of the Social Security Many texts of the new law have pos- include: These should be special nurseries The employer who submits a notice on the employer take those leaves at one for children less than 4 years old, there- one of his employee’s absenteeism has to of work during the probation period. Law shall be taken into consideration in itive points that reflect on both the go. Accumulating leave for more than Article (42) this regards, and the employer shall pay employers and workers. The most fore children older than 4 years will not put a copy of it in an apparent place in the two years is permissible with the con- benefit from it. These nurseries of chil- company. The employer who has submit- In the event where the employee is the net difference between the amounts important advantages are training, sent of the two parties. absent from work for 7 consecutive accrued due to the subscription of the qualification, attention to woman, dren should be at work places, where the ted the notice of absenteeism of one of his The official leave in the new labor mother is working. employees is not supposed to allow the days or 20 separate days within a year worker in the social security and to the employee right to perform Haj without law stipulated in article 68 resembles without a valid excuse, the employer end of service benefit. deduction of his salary and the right to the civil service law. The Haj leave is Moreover, the new labor law also said employee to get back to work before shall have the right to consider him as Article (52) annual leave. for 21 paid days. The legislators also offers the right to insurance for employ- consulting the competent work depart- having resigned. Subject to the provisions of Article of The law ensures the employees get amended the sick leave. The sick leave ees. This law is valid according to article ment and cancellation of the communiqué Article (44) this Law, the worker shall entitled to the to live a respectable life, enjoying the for an employee is15 full-paid days, 10 88 for all industries and workplaces in of absenteeism. In the event where the term of the entire end of service benefits stated in the goodness of life as these are important with three fourth paid days, another 10 which the employee is exposed to work The law prescribes a long notice work contract is not specified, both preceding Article as follows: factors that affect work quality. For half pay, the following 10 days will injuries or profession-related illnesses. period of three months to end an parties shall have the right to terminate a- If the employer terminates the con- example, women have special leave for have a third of the salary, and one Q: What about the expenses for unspecified term contract pursuant to the same by means of a notice to the tract. situations like Idda (mourning period fourth salary for the next 10 days. If treatment or medicines of injured article 44. And as per the end of service other party as follows: b- If the duration of the contract on the deal of the husband) and child- the leave extends beyond that, the workers? There could also be travel gratuity, the new labor law says that a- Three months prior to the termina- expired without being renewed. birth. Women enjoy leave of consider- employee can have 30 more days of expenses in some cases. How does the when an employee is dismissed from tion of the contract for the workers c- If the contract was terminated in able length for these reasons. non-paid leave. new law deal with these scenarios? service, he has the right to end of serv- earning a monthly remuneration. accordance with Articles 48, 49 and 50 of The new labor law curtails human Then there is educational paid leave A: The law takes a rather broad ice gratuity. b- One month prior to the termina- this Law. trafficking, protects foreign employees to obtain a higher educational certifi- approach to these issues, and does not The new law amended the end of tion of the contract for other workers. d- If the female worker terminates the from arbitrary dismissal and guarantees cate, a leave on the death of first or sec- stick to the old law of considering service gratuity terms to the interest of In the event where the party wishing contract as a result of her marriage with- stability of work contracts even with ond class relatives, and paid leave for work-related injuries as those occur- the employees. Article 51 of labor law to terminate the contract does not abide in a year after the date of marriage. changing employers. In addition, it attending conferences. ring at the place of work alone. Any of stipulates the employer deserves end of by the period of notice, he shall be Article (53) grants the worker the right of compen- Q: What about disciplinary sanc- the following cases are valid for com- service gratuity in the following terms: obliged to pay the other party a com- The worker shall be entitled to half of sation against arbitrary dismissal. The tions being imposed during the period pensation from the employer: accident salary of ten days for each year of serv- pensation for the notification period the end of service benefits stipulated in new labor law guarantees compensa- of the work contract? because of work, accident while at ice of the first five years and fifteen equal to the remuneration of the work- Article 51 in the event where he termi- tion to employees for work accidents. A: It is not permissible to deduct an work, accident on the way to work and days of each year for the following er for the same period. nates the work contract which has an The legislators of the new law decided employee’s salary for a period exceed- accident on the way back from work. years. The gratuity does not exceed the c- In the event where the notification indefinite term and the period of services that if any accident happens to a work- ing five days in a month. There are also The new law also stipulates the salary of a year, and this is for employ- of termination is issued by the employ- reaches five years and less then 10 years, er at the work site, he should be duly rules for the suspension of an employer terms of liability for former employers ees whose salaries are paid on a daily, er, the worker shall have the right to be the worker shall be entitled to two thirds compensated. for investigations or for disciplinary in the case of injured employees. The weekly or hourly basis. absent one day or 8 hours per week in of the benefit and if the period of service Q: What are the most important suspension in article 39. employees are entitled to compensation The gratuity totally does not exceed order to search for other work. He shall exceeds 10 years, the worker shall be advantages of the new labor law? How Q: Can you highlight in what ways if the industries where they work or the the salary of a year and a half for also be entitled to his remuneration for entitled to his entire benefit. do you see it benefiting the people and the law is favorable to women in nature of their work causes diseases or employers whose salaries are paid the day or hours of absence. Article (54) the country? greater detail? injuries to the worker. Compensation is monthly. Workers in this category are The worker shall decide on the day The worker who terminates his work A: Okay, let’s consider some of the A: Article 21 of the new labor law says decided after determining the period entitled to 15 days pay for each of the or hours of absence and shall notify the contract shall be entitled to an end of important issues the law deals with. that it is not permissible to employ which the employee spent working for first five years and one month’s pay for employer at least one day prior to such service certificate from the employer Firstly, let’s look at the penalties for women at night between 10 pm and 7 am. both the employers. each year after that. But he will get half absence. stating the duration of his services, his companies in the new private sector The new labor law also gives female Each employer is liable to a percent- if his service is over 3 years but less d- The employer may exempt the position and the last remuneration he labor law. Law No. 6 of the year 2010 employees many leaves such as annual age of the compensation based on the than 5 years and full indemnity if his employee from work during the period received. The employer shall not have doubles penalties on private companies official leave, festival leave, Haj leave, period which the employer spent at service is over 10 years. of notification while but shall count the right to include, explicitly or that humiliate its workers. The sixth sick leave, maternity leave followed by each one’s service. And as stipulated in Article 53 of labor such period within the worker’s period implicitly, any expressions that may article under that law, entitles investi- leave to take care of newborns. Q: What about disciplinary action law if the service work period reaches of service. The employer shall pay the harm the employee or limit his employ- gation and penalties of work, and the Maternity leave is of 70 days. against employees? What does the law five years but is less than ten years, the worker all his entitlements and remu- ment prospects. The employer shall first chapter, which includes articles A pregnant employee is also entitled state on that? employee deserves two thirds of the neration for the period of notification. return to the worker all the documents, 133 to 136, grants workers the right of to paid annual leave which will not be A: The law clearly states the right of salary, and this is if the employee termi- Article (48) certificates or tools delivered to him by invoking judicial intervention to detect computed with or deducted from the workers even on that count. The law nates his unspecified work contract. The worker shall have the right to the employee.