The most important obligations imposed by the new Kuwaiti labor law to protect a worker while performing his work
The law’s view of work has changed .. It has transformed from a mere commodity to a sublime value that is provided for a decent human climate
The employer must provide safety means to protect the worker, and he may not be charged any expenses in exchange for his protection
The employer must explain to the worker, before practicing the work, the risks to which he may be exposed and the preventive measures that must be taken
The Minister issues a decision determining the types of activities that need occupational safety and health ... with the appointment of observers who follow the availability of occupational safety and health requirements for the facility
An employer is obligated to insure his workers with insurance companies against work injuries and occupational diseases.
The business owner must provide transportation to remote places, and provide housing in places far from urban ...
We have mentioned in previous articles how the private sector has begun to open its arms to receive promising national workers and after the state ministries are crowded with employees who have become a heavy burden on the state budget and considering that they represent a kind of disguised unemployment, and that is why the state wanted to chart for our youth the right path to a happy life Through the private sector, and for this purpose it issued the necessary legislation in this regard, as the National Employment Law was issued, which included many advantages, in addition to the great leap represented in the issuance of the new Labor Law 6 of 2010, which was a good pioneer for all workers in the private sector The new law came in line with the hopes and aspirations of Kuwaiti youth, who were rushing to government work because of the great benefits and gains that were not present in the previous Law 38 of 64, and the legislator considered that it is necessary to establish fair rules and provisions that these young people wish to enter this sector And after laying down the articles that are in line with the international conventions in force, and therefore the new law in the private sector contained many gains that were an energy of hope for these young people .
And since we have extensively explained in the previous issues those advantages and gains and made clear that this law is a qualitative leap and this is counted for decision-makers and representatives of the nation, a matter in which the new law has become a victory that is counted for them all, then we will in the article explain some of the matters related to With the obligations imposed by the new law on the employer in order to extend its protection to the worker and he is considered the weak party in the contractual relationship, and we had not dealt with this issue before, so it was necessary for us to clarify it in order to complete what we had started before in the series of articles related to the explanation of the labor law New 6 for the year 2010.
At the outset, we would like to point out that the work contract creates obligations for the worker as well as creates obligations on the employer, and the worker is obligated to perform his work agreed upon and to do this work himself and to comply in his performance of his work with the orders of the employer. The importance of work has doubled in modern times after it changed The law’s view of work after it has been transformed from a mere commodity into a sublime human value that should provide it with a decent human environment, and this would have intended the law to provide the appropriate conditions that allow the worker to fulfill his obligation while he is safe for himself surrounded by the necessary health, social and organizational care .
The new Kuwaiti labor law, like other labor laws in other civilized countries, imposes on the employer many obligations that provide him with suitable conditions to perform his work, and we will address them as follows:
First: Providing means of prevention from work injuries and occupational diseases:
The employer is obligated to take the appropriate measures that will provide the worker with the greatest possible means of protection from the injuries that he may be exposed to while performing his work, and in this stipulates Articles 83, 84, 85, 86, 87, 88, of Chapter Four of the Law .
Article (83): The employer must take all necessary safety precautions to protect workers, machinery and materials circulating in the facility and frequenting it from work hazards while providing the necessary occupational health safety means for this, and it is not permissible for the worker to incur any expenses or deduct amounts from his wages in exchange for providing means of protection. for him.
Article (84): The employer must explain to the worker, before practicing the work, the risks to which he may be exposed and the means of protection that he must take ... etc. Article.
Article (85): After taking the opinion of the concerned authorities, the Minister issues a decision determining the types of activities that are committed to providing the necessary equipment and means for the occupational safety and health of the workers in the facilities with the appointment of technicians and specialists in monitoring the availability of occupational safety and health requirements for the facility. The decision determines the qualifications and duties of these technicians and specialists. And their training programs.
Article (86): The employer must take adequate precautions to protect workers from health damages and occupational diseases that arise from practicing work, and to provide first aid and medical services.
Article (87): The employer must use preventive means and undertake to use what he possesses with care and to implement the instructions laid down for his safety and health and for his protection from injuries and occupational diseases.
Article (88) Subject to the provisions of the Social Insurance Law, the employer is obligated to insure his workers with insurance companies against work injuries and occupational diseases.
Second: Providing transportation to remote places, and providing housing in places far from urbanization:
The employer must provide his workers who work in areas in areas not reached by regular means of transportation decent transportation, as well as if the workplace is in a place far from urbanization so that it is not appropriate for workers to move to it daily from the areas in which they reside, the employer must It provides them with adequate housing, as well as what is required by a decent human life from other things. These rules and provisions were mentioned in Article (34) of the new private sector labor law, where the article stipulated that (the contracting business owner is required to implement a government project or use his workers in areas far from urbanization to provide adequate housing for workers as well as transportation to areas far from urbanization without In return, and in the event that no housing is provided, a suitable housing allowance shall be granted to them, and the areas far away from urbanization and the conditions of the appropriate housing and the housing allowance shall be determined by a decision of the Minister, and in all other cases in which the employer is obligated to provide housing for his workers, the provisions of the decision stipulated in the previous paragraph regarding housing conditions shall apply to him. And determine the appropriate housing allowance).
It should be noted that the new law has stipulated in Article (135) that (the employees specialized in inspecting in the event that the employer violates the provisions of Articles (83, 84, 85) of this law and the decisions issued for its implementation in a manner threatening pollution to the environment and public health or the health of workers. Or for their safety, to write a report of the violation and submit it to the competent minister, who, in coordination with the competent authorities, has the right to issue a decision to completely or partially close the shop or to stop the use of a particular machine or machines until the violation is avoided).
With regard to the foregoing, we clarified the obligations imposed on the employer to provide the appropriate conditions for the performance of the work, and in the event that he does not provide those conditions or some of them, he is in breach of his obligations imposed on him and exposes himself to the punishment stipulated in the new law, and that breach would permit the worker to refrain from performing his work until That these conditions exist without losing his right to the remuneration, as well as compensation if he has a place, and we would like to note that there are many other obligations imposed by the new law on the employer, which we will discuss in the coming articles, God willing.
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