Labor and Employment Law in Kuwait
posted:3 years agobyAwatef Hamdiin Work Life
Every new hire should follow certain rules for a better work life. Applying for jobs in Kuwait requires gathering information on the field and on the general work environment in Kuwait. As a new applicant, what would be your situation in a probation period, termination, or two weeks’ notice? Let’s find out about the main employment rules for foreigners and Kuwaiti employees.
Getting a Job in Kuwait:
Submitting your application requires having at least an updated CV and a cover letter. Some applications require passing a test or showcasing previous projects. Whatever is your field, a job interview will be the drawing line between various applicants. This meeting will culminate in a professional arrangement listed in a work contract. This document generally includes your rights and duties and certain professional rules that you have to abide by. If you want to know about the application process of your target country, sign up to Fratres.
Despite the various professional cultures in the majority of Kuwaiti organizations, the Kuwaiti Labor Law is implementing new legislations to provide acceptable working conditions and provide more equal opportunities for both foreigners and Kuwaiti citizens. The Kuwait Labor Law was implemented on 9/19/2020. This law includes some amendments, regulations, and legislation that tackle work matters, among them the end of service gratuity. Let's take a look at the main amendments and labor law in various professional cases.
1.Probation in Kuwaiti Job Market:
Fresh graduates should prove their eligibility to the job offer. A probation period is a period of trial that engages new applicants in the professional world. It is usually employed in the private sector, as applicants in the public sector go through an internship. A probation period in Kuwait should not exceed 3 weeks. It is a non-paid period. It might involve a partial working schedule. Termination is possible during a probation period. That’s why new applicants should take this period seriously, or else they can be terminated.
2. Termination in Kuwait employment:
Since recruitment can be good news for every applicant, termination is the worst nightmare for all of them. Terminating an employee/ worker in Kuwait depends on many reasons: lack of skills, breaking the rules, causing damages and losses, etc..In case of termination, employees get no payment in case of being during a probation period, or causing any damages or losses. In other situations, such as exceeding the number of leaves or getting absent for a long time, payment will be rated depending on the latest performance. Take a look at; Work in Kuwait for Foreigners
3. Leaves:
Employment in Kuwait grants holidays and leaves. Leaves are professional breaks that prevent employees/ workers from attending work. Let’s take a look at the possible leaves and holidays in Kuwait:
Periodic Leave:
There are three occasions of granting a periodic leave.
Employees/ workers, who have served the state for a period of no less than six months are entitled to a periodic leave of (30) days per year.
Employees/ workers, who have served the state for a period of no less than (15) years shall be entitled to a periodic leave of (45) days per year. They may accumulate the receivable from this leave for two years, in addition to the current year.
-The newly appointed employee under one of these two contracts is only entitled to a periodic leave of (35) days per year.
A periodic leave is not counting the weekends and official holidays that take place during the periodic leave.
Take a look at; Private Sector Kuwait Labor Law – Reader Friendly Version
Sick leave:
A sick leave in Kuwait should be decided by the competent medical authority appointed by public hospitals, with a total of no more than two months with a full bonus and two months with a half bonus. If these periods expire without being medically fit to resume his work, the contract is considered terminated and the contract may not be terminated before the expiry of these periods except with the approval of the employee, unless it was terminated before that for one of the other reasons stipulated in this contract.
Special holidays:
Employees/ workers are not entitled to leave except for the two types mentioned above (periodic and sick), but the Bureau of health and social considerations Concerning emergency leave such as, Hajj leave, condolence leave, special leave are 15 days.
Maternity leave:
Working women in Kuwait are granted a maternity leave with full pay for maternity for a period of thirty days, provided that the delivery takes place during it.
Two Weeks’ Notice:
In case of resignation for career shift or transitions, employees are entitled to two weeks’ notice. This period is optional in some professions and not mandatory in medical jobs, sales employees, trainees, and workers. A two weeks’ notice is a period prior to the employee’s resignation. Employers do not consent directly to this request, especially if this employee is holding an important position that requires a specific profile.
These were the main important labor and employment laws in Kuwait. The regulation might not be the same depending on the professional sector and the type of arrangements specified in the work contract.