Important clarifications in the Kuwaiti Labor Law
Q1 / What are the remuneration elements when calculating the end of service gratuity?
A / When calculating the end of service gratuity, the comprehensive wage of the worker is calculated, ie the basic wage and all benefits such as the annual bonus, airline tickets, housing, and what is paid for children's education ...
Q2 / Is the annual bonus included in the wage for calculating the end of service gratuity?
A: Yes, the annual bonus is included in the wage for calculating the end of service gratuity.
Q3 / Is employment support (social allowance) included in the wage when calculating the end of service gratuity?
A: Yes, employment support (social allowance) is included in the wage for calculating the end of service gratuity.
Q4 / Sometimes the employee is forced to sign a contract to receive all his dues before receiving the amount. Does the worker have the right to resort to the courts in the presence of this clearance?
A / Yes, the worker has the right to resort to the judiciary after signing a clearance to receive his rights, as it is easy to prove that he did not receive any financial dues from these rights, especially after referring the case to the Experts Department and reviewing the books and documents.
Q5 / In the case of the number of working days in a month (27) days or (24) days as in the month of February, how is the day's wages calculated?
A / Work has been done to calculate the number of actual working days, which is 26 days, which is the average number of working days in most months of the year, so the wage is divided by 26 days to calculate the day’s wage.
Q6 / Is the annual leave, which is (30) working days, due after the worker's work for a full year, or is it part of this year, i.e., the worker must work 335 days until he is entitled to (30) days off?
A / Assuming that the worker started work on 1/1/2011, he is entitled to 30 days of paid leave for the year 2011, and for the year 2012 he also has (30) paid leave, and so on and he may obtain the first paid leave after (9) months From the date of the beginning of the relationship, that is, vacation days are included in the days of the year that the worker works.
Q7 / Some companies adopt a paid weekly rest on Saturday, in the event that the worker returns from leave on Sunday, how is Saturday calculated?
If the purpose of the question is that the company gives its workers leave on Friday and Saturday, and considering that Saturday was granted by the paid employer, then the answer is as follows: A / In most cases the worker submits the leave request so that it ends on Thursday, meaning that he informs the employer that he is at his disposal After the end of the work day on Thursday, therefore, Saturday is considered a day of rest and the interruption of work is not counted, as if the company was working on Saturday, the worker would have to attend on Saturday for the expiry of the leave, and the obstacle to not working on Saturday is that the company is in a weekly rest. • If the worker's leave ends before Thursday, that is, it ends on Tuesday, for example, then Wednesday and Thursday are considered an interruption from work, and therefore Saturday is considered an interruption as well, and Sunday is considered the day of returning to work and the days that the plaintiff worked are counted from Sunday until the end of the month. Pay him off. Whereas if the question is intended for the employees of the company to have only one day off per week, which is Saturday, and the company works the rest of the days of the week, including Friday, then the worker's return to work on Sunday does not have any interruption from work and thus he receives the full wage of what is in That paid saturday.
Q8 / a worker who is paid a regular salary of one month for the leave, does he have the right to claim a recalculation on the basis of 30 days?
A / The worker has an annual paid leave for a period of 30 days - Article (70) of Law 6/2010 - and according to Article (67) of the same law, the wage is calculated by dividing the monthly salary by the number of actual days - that is, 26 days. • And upon taking the leave, the amount that the worker gets and the corresponding number of days are calculated, and the plaintiff is entitled to the remainder of the period that completes 30 days, in other words, the worker is entitled to 30 days' wages for each year.
Q9 / A worker was forced to sign a resignation, what should he do?
A / If the worker is forced to sign a resignation, he must go to the Labor Department and file a complaint, and this compulsion must be proven either before the Labor Department or before the court when the complaint is referred to it or before the expert if the case is referred to the Experts Department.
Q.10 / Are Fridays and official holidays deducted from the sick leave granted to the worker?
A / This is a legal issue, and the interpretation of the law is the fairness of the court. Therefore, the expertise makes two opinions, the first of which is to exclude Fridays, official holidays, and the other opinion after exclusion, and leaves the decision on this to the justice of the court.
Q11 / What is the salary on the basis of which the calculation of end of service benefits, leave and sickness (is it inclusive of allowances such as car allowance, mobile allowance, rental allowance and bonus) and if these allowances are available and not provided in cash (giving the employee a car - providing an apartment for him - giving him a mobile) Do you enter In the salary?
A / 1 - As for the end of service indemnity, the comprehensive salary which includes the basic salary and any monthly or annual allowances and benefits on which the end of service gratuity is calculated. 2- As for the leave balance, it is calculated on the monthly salary that the worker receives monthly, whether in cash or any benefits in kind that the worker obtains, such as housing. 3- With regard to sick leaves, the annual leave is treated the same in terms of pay.
Q12 / If the worker falls ill before completing his first year of work - if he becomes ill for one month during the first six months of joining work, how is his sick leave calculated?
A / According to Article No. (69) of Labor Law No. (6/2010), the worker's entitlement to sick leave is not linked to a period that the worker spends in the service of the employer, but within a year. Therefore, the text of the article applies to the example mentioned in the question, i.e. fifteen days with full wages and ten wages Days with three quarters of the wage, and the rest half wages.
Q13 / How is the partial monthly salary calculated? Is it on the basis of calendar days during the month, or actual work days without collection, official holidays, 26 days or 30 days?
A / The partial monthly salary is calculated for the actual working days after deducting only the days of Friday, and official holidays are not deducted, and the monthly salary is divided by 26 and multiplied by the number of these calculated days.
Q.14 / Please advise about accumulating a leave balance that exceeds two years' balance. Does the worker have the right to obtain a cash allowance for it upon leaving the service, and are there any limits?
A / According to the provisions of Articles (72 and 73) of the Labor Law in the Private Sector No. 6/2010, with the consent of the two parties, the worker's leave balance for more than two years may be accumulated without a maximum limit, and the worker shall be entitled to this combined balance upon the termination of his contract.
Q15 / If the company grants Friday and Saturday leave, are the actual working days by dividing the salary into 22 actual days or 26 days?
A / The judicial rulings and also the fatwas issued by the Ministry of Affairs differed in this part, i.e. the response to this question. Therefore, the expertise makes two opinions when referring the case to it, that is, it calculates the end of service gratuity on the basis of dividing the total wage by 22 days, and the other opinion by dividing it by 26 days, leaving it to the court’s justice to take what it deems appropriate - as this is a legal opinion.
Q16 / Is it permissible to include the annual bonus within the wage appendices in the event that the work relationship is terminated before completing the period of the year and without the company ending its budget work?
A / If the agreement between the employer and the worker is that the employee is entitled to the bonus annually and the relationship ends before the completion of the company's financial year, i.e. before preparing its budget, then the worker in this case is entitled to a bonus for this year in proportion to the period the worker spent in the service of the employer for this year, i.e. if it is The worker has spent 8 months in the service of the employer from this year. The bonus due for this year is calculated as follows: The bonus is due on the assumption that the worker completes a full year ×
Q17 / With regard to the annual travel ticket, is the worker entitled to him if he has not completed the period of the year and was mentioned in his work contract - and is there a difference if the reason for the termination of the relationship is resignation or his dismissal?
A / If the contract stipulates that the worker will be entitled to an annual travel ticket and the year has not been completed in the service of the employer, then he is entitled to the travel ticket in proportion to the period he spent in the service of the employer as the ticket is part of the comprehensive wage vocabulary and there is no difference between whether it was the reason for the end of the relationship Resignation or termination of services from the employer.
Q.18 / According to the Labor Law, the worker’s dues for the end of service gratuity do not exceed the wages of 18 months? In the case of calculating the dues and dividing by 26 days, the final dues will exceed the wages of 18 months, and accordingly, on what basis are the dues calculated, are they on the highest or lowest value in which the dues do not exceed the wages of 18 months?
A / The end of service gratuity is calculated according to the employee's service period, if these dues exceed 18 months' wages. The wage of 18 months is calculated by multiplying the comprehensive monthly wage by 18 months, and the result is the end-of-service bonus owed to the worker.
Q19 / If the worker has an accumulated leave balance, can a part of this balance be disbursed when he takes the leave while keeping the rest of the balance in his book account and disbursed to him later?
A / If the worker has an accumulated balance and she gets a leave for a period less than that balance, then what the worker gets is deducted from this balance as compensation for leave balance, and the remainder of the accumulated balance remains in the worker's book balance.
Q20 / Some companies are granted special allowances required by the nature of the work, for example / the passport representative is granted a car allowance, as is the corporate collector, so is the car allowance granted as a wage supplement? Note that the nature of the work requires the continued use of the car
A / According to Article No. (55) of Labor Law No. 6/2010, it is included in the calculation of wages that the worker receives periodically bonuses, bonuses, allowances, grants, gifts or cash benefits, and accordingly, these allowances are complementary to the wage.
Q21 / The employer is sometimes forced to deposit the worker's salary after the end of his relationship with the bank, and the deposit continues until the residency is transferred. This procedure is taken by the employer to meet the requirements of the Ministry of Affairs, and some workers exploit these transfers to prove the continuation of the work relationship.
A / The employer must follow the correct way in transferring salaries to the banks, i.e. the salary is not transferred to the bank unless the worker is at his job, i.e. in the event of terminating the relationship, he stops transferring the salary and transferring or canceling the residency, but if he is forced, as mentioned in the question, to transfer the salary With the termination of the relationship, he must obtain from the worker in writing that agreement between them that the relationship actually ended on - / - / - - and that the transfer of the salary to the bank only came in agreement when the residency was transferred, and the worker must return these salaries to the employer.
Q22 / Is the school allowance given to children considered a part of the salary when calculating the comprehensive remuneration for calculating the end of service gratuity fee?
A / The school allowance paid to the children is calculated as part of the comprehensive wage when calculating the end of service indemnity, by calculating the amount paid for this allowance, and it is divided into 12 months.
Q. 23 / A worker broke his hands in 2002, and that resulted in a percentage of disability, according to a report from the Ministry of Health and Occupational Health, and he filed a complaint with the Ministry of Affairs on May 18, 2002 and until now, nothing?
A / The worker has the right to compensation for the percentage of disability and wages for the treatment period if the injury was due to work, i.e. during work or on the way to work or on the way back from it, that is, the worker has to submit his complaint to the Labor Department and request the file to be transferred to the court to file a lawsuit and discuss the case and thus issue A ruling if it is proven to the court that the injury occurred during work and because of it in favor of the worker, to calculate the compensation for the disability percentage and the wages for the treatment period according to the law, and that is calculated on the basis of the wage at the date of the injury, i.e. the wage of 2000 days x the percentage of disability or blood money and one-third of the disability rate, i.e.
Q24 / What is the procedure followed in the event that the employee’s dues exceed the wages of a year and a half? Do you end his services and give him his dues, or does he continue to work and pay him for a year and a half’s wages?
A / If the employer and the worker agree to terminate the relationship when the end of service gratuity dues are a year and a half wage for the worker who receives a monthly wage and the worker gets the value of this bonus and then begins a new relationship, then it is not in the law and what prevents that. But if the relationship continues and the value of the end-of-service reward exceeds the wage of 18 months, then the worker is entitled to in this case only an 18-month wage and he is not entitled to more than that.
Q25 / What is the procedure followed in the event that the employee is proven to be poorly performing and not fit to work after the expiration of a period of 120 days and the work contract is fixed-term (2 years), what is the method of calculating benefits?
A / If the employer wants to terminate the relationship in this case, he must indemnify the worker for a fixed-term work contract with appropriate compensation and not the notice period of three months only. By appropriate compensation that is commensurate with the nature of the work that the worker occupies and the ease and difficulty of obtaining alternative work, we mean that it is not for the remainder of the contract period in full, which is what the provisions have settled on, because compensation for the entire term of the contract leads to laziness and not searching for alternative work.
Q26 / Calculating the trial period (the 100 days) Is the 100-day calculation after excluding the holidays, i.e. is it intended that the trial period be 100 working days?
A / Article 32 specifies the period of probation in the work contract on the condition that it does not exceed one hundred working days.
Q27 / Is it permissible for a worker or employer to require a worker to work 50% of the 8 hours (the work day) or any percentage of the work day, i.e. half, quarter, or three quarters of the day, as a result of the worker's circumstance or the lack of the employer's income?
A / Article 64 specifies the working hours as a general principle, so that it is not permissible to employ a worker for more than eight hours per day except in the cases specified by the law, setting the law and regulations for the employment of workers for additional periods. The law permits the reduction of daily working hours by a decision issued by the Minister in cases specified by the law. However, Article 58 allows The (written consent of the worker) prevents the employer to transfer the worker on monthly wages to another category (hourly, piece, daily, or week ... etc.) without prejudice to his rights he acquired during his monthly wage work - and we refer to Article 28 of Law 6/2010 that it is not permissible Reducing the worker's wage during the contract validity period.
Q28 / in the absence of a work contract?
The plaintiff (the worker) brought 2 witnesses, and the two witnesses acknowledged that the plaintiff works for the defendant, but the two witnesses' statements were inconsistent about the plaintiff’s salary and the beginning of the work, while their testimony was consistent and identical about the end or termination of the plaintiff’s service? Note that the two witnesses work with the plaintiff in the same institution, and the institution is the one that terminated the plaintiff’s service due to the institution’s termination and its cessation of activity, and it terminated the services of almost all its workers for this reason, including the two witnesses. The report of the expert came to deny the plaintiff (the worker) of all his rights after serving ten years and 6 months? A / A memorandum of objections can be submitted to the court to re-search, and experience can calculate the worker's dues on the basis of what he claimed in terms of salary and start of work, unless the establishment provides evidence of contradicting his defense and submitting the ruling on that to the court?
Q29 / The worker's salary continues to be deposited sometimes after leaving the service in order to give the legal adjustment to the employer's file, and then after that a dispute occurs and the worker is demanded for the entire period, forgetting the period of an implicit agreement on the continued validity of the residency?
A / If the company proves that and that the wage is not in exchange for actual work, and verification of that or otherwise, it will be shown and presented to be under the sight of the court for dismissal.
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