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New working regulations in the private sector
The Minister of Social Affairs and Labour in Kuwait, Dr Mohammed Al-Afasi has issued decisions to regulate work in the private sector.
As per decision No.141/2010, a telephone line (with telephone number 128) has been allocated to receive complaints from employees in the private sector. The Minister has issued another decision under 143/A/2010 which does not allow firms to hold passports of workers in the private sector and oil sector.
The Article 141 of Law No.6/2010 states that employers who do not adhere to the decision within a period of three-months, their company will be liable to a fine of not less than KD100 and not more than KD200 for each passport held by the company.
In case the employer commits the violation for the second time in three years, the penalty will be doubled.
The third decision, bearing No.142/A/2010 makes it compulsory for each employer in the private sector to offer first aid box containing medicines, antiseptics and bandages.
Meanwhile, the Legal Officer at Social Affairs Ministry said that all employees and employers on monthly salaries should submit a minimum notice period of three months before ending their contracts, which have no specific duration.
The other categories of employees should present the notice one month ahead. Those failing to oblige will have to pay the value of that period.
In case, the employer takes the initiative in dissolving an employment contract, the employee has the right to be absent for a day or eight hours a week to allow him to search for another job. The employee is entitled to receive wages even during the day he/she is absent, provided, the employee notifies the employer atleast a day before.
The employer has not arbitrary right to end the contract when the employee is on vacation, and the employers should not sack the employees without justification, the Minister said. However, the employee has the right to terminate a contract if the employer or his representatives maltreat him or breach the agreement.
The Ministry is continuing to work on the bylaws of the new Labour Law, but it yet to be known as to when these will be issued.
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