Arduous, harmful or dangerous work and the insurance benefits for its workers in the Kuwaiti Labor Law
Hard work: It is the work that has been proven that occupational safety measures do not provide protection for those who practice them .. or that afflict those who practice them with occupational diseases in the long term.
<The issuance of Law 90/1995 had an impact on pushing Kuwaiti youth to enter the field of hard work
<There are industries in which those responsible are exposed to occupational diseases, health harms, or physical hazards
> Insured persons working with hard labor are entitled to retire whenever their years of service reach twenty years, while granting them their special privileges in accordance with the insurance legislation
<The Ministry of Social Affairs and Labor issued several decisions defining occupational diseases and the industries that cause them
<There are many categories of workers who are not included in the onerous schedules and they really deserve it
In this article, we will address this important topic that concerns many workers in those businesses, and we will define what are those harmful, arduous or dangerous jobs? What is the benefit for workers who work in those jobs?
It should be noted - first - to Law No. 90 of 1995 AD by adding a new clause No. (8) to Article (17) of the Social Insurance Law, where Article (one) came as follows: -
In addition to Article (17) of the Social Insurance Law promulgated by Emiri Order No. (61) for the year 1976 AD referred to a new clause No. (8) which reads as follows: “The termination of the service of the insured who engages in harmful, arduous or dangerous work when the period of his participation in the insurance reaches These works are twenty years, and these jobs are determined by a decision of the minister after the approval of the board of directors and the opinion of the General Medical Council.
Whereas, on 2/22/1998 AD Resolution No. 1 of 1998 AD was issued by the Deputy Prime Minister and Minister of Finance, and Article 1 stated in it: “It defines harmful, arduous or dangerous acts for which the provision of Article (8) applies. (17) of the Social Insurance Law referred to the work performed by the occupants of the jobs shown in schedules numbers 1, 2, 3, 4, 5, attached to the decision.
And that this decision was issued after taking the opinion of the "General Medical Council" and the approval of the Board of Directors of the General Organization for Social Insurance, and three other tables were added to this decision. Resolution No. (13) of 2008 AD regarding adding Schedule No. (10) related to the employees of the General Administration of Customs.
What are harmful, strenuous or dangerous actions?
Perhaps it is necessary to refer to what was stated in the explanatory memorandum of Law 90/95, which states: (Most of the insurance legislation has taken care to establish special insurance privileges for workers in dangerous, arduous or harmful work after it has been scientifically proven that any of the occupational safety and health measures have become He is unable to provide protection for those who carry out these jobs, and that his long-term affliction with occupational diseases has become an inevitable reality as long as he has been practicing and occupying these jobs for a long time).
And when the legislator enacted Law 90/95 to exclude those who work in harmful, arduous or dangerous work, and he specified that the insured workers who work in these jobs are entitled to retire from work when the years of their service in these jobs reach twenty years, and that was because of the worker's injury Or its damage - in one way or another - has become an inevitable reality.
The thing worth noting is that it has become clinically and professionally established that there are many industries - that work or practice them - expose those in charge of them to several occupational diseases, health damages or physical hazards, and in accordance with that: the Ministry of Social Affairs and Labor has issued many decisions Ministerial to determine occupational diseases and the industries that cause them, which can be infected in the petroleum and petrochemical industries, the industry of lead, mercury, phosphorous, manganese and their compounds, as well as asbestos works, quarries, laboratory work, exposure to gases, etc. Hearing) in the event of exposure to loud noise, all but not limited to.
Therefore, most of the insurance legislation has been keen to grant and report special insurance privileges to workers in these dangerous or harmful industries, after it has been scientifically proven that any of the occupational health and safety measures have become incapable of providing full health protection for those who practice these jobs and industries, and that the worker is injured and harmed- In one way or another - an inevitable matter as long as he professions one of these industries, hence the keenness of states - of their different, especially advanced ones - to provide special privileges to workers in these industries or businesses, in terms of providing special benefits in salary or pensions. Encouraging its citizens to pursue these important or basic works for their industries and their renaissance, and the issuance of Law 90/95 had a great impact in pushing many Kuwaiti youths to enter the field of these businesses, expand job opportunities, achieve the new population policy, and manage and operate many sensitive businesses and important facilities Vitality in national hands.
From the foregoing, it becomes clear to us: that the insurance advantages that these workers have obtained in these dangerous, arduous, or harmful industries are undoubtedly deserving of them, for the reasons that we have indicated, except that - and pursuant to the rules of justice and equality - there are many categories of workers who are not included in the schedules that we have indicated. And they really deserve it, due to their inability to fulfill their rights, and here comes the role of trade union organizations, which bear the greatest burden in the necessity of claiming to these people their legitimate rights, and the necessity to consider the work they perform under the name of harmful, arduous or dangerous jobs, in order to benefit from the insurance benefits In this regard, perhaps what the General Customs Syndicate has done is a good example in this regard, and we ask the rest of the trade unions to do the same, and to defend the rights of workers in their ministries and institutions to achieve these legitimate demands.
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