Worker's rights in the Kuwaiti Labor Law
Workers' rights and guarantees in the labor law
It is well known that the work relationship is established between two parties, one of which is the employer and the other is the worker, and in this relationship the worker is the weak side, considering that he comes to work because he needs it because of the income he brings to him that helps him to organize his livelihoods for himself and his family and from this standpoint the legislator has moved to protect his rights Considering that these rights that the provisions of the Labor Law have arranged for the worker are considered from the public order, so that it is not permissible to violate them unless this violation results in more benefit or benefit to the worker and makes the proof of the worker obtaining his labor rights is the responsibility of the employer, which prompted the legislator to act to preserve the rights The worker by introducing Law No. 6 of 2010 instead of Law No. 38 of 1964, amended by Law No. 43 of 1986, due to the deficiencies and shortcomings surrounding it.
Accordingly, the legislator, through Law No. 6 of 2010, developed a new general perception of labor rights and entitlements and developed more positive interpretations of them as follows:
First, with regard to the worker's wage (salary):
The legislator confronted the definition of wage, as it defined it as everything that is paid to the worker from the employer in a regular and continuous manner until it takes the form of habitual and reliance on the part of the worker in organizing his and his family's living matters.
The legislator has enacted the articles of the law that regulate this right, which is the wage of the worker, as he specified articles No. (55) to No. (63) of Law No. 6 of 2010.
Second, annual vacations:
That the legislator has taken care of the worker's right to enjoy his annual leave assigned to him, because the purpose of the annual leave in the law is to enable the worker to enjoy every year a break of time in which he takes a break from the trouble of work in order to achieve the renewal of his activity and in order to avoid the exhaustion of his strength by exerting continuous effort without a suitable period Of annual rest and the consequent harmful effects on the worker and the national economy.
Accordingly, the articles of the law have been enacted for him to regulate this type of rights, which are annual vacations, and articles No. (71) until No. (79) of Law No. 6 of 2010 were set for them.
Third, with regard to overtime hours and weekly rest:
The legislator has been keen on preserving the worker's rights regarding the working hours he is supposed to spend at work, and has also organized his rights for him in the event that the employer asks him to work for more periods than what is specified in the Labor Law.
Accordingly, the legislator has obligated the employer, through the laws he enacted, not to employ the worker for more than eight hours a day, equivalent to forty-eight hours a week.
In addition, it permits the employer, by a written order, to employ the worker for an additional period not exceeding two hours per day and up to a maximum of eighty hours annually, provided that his wage for overtime hours shall be 25% more than the regular wage.
In addition, the legislator has taken care to grant the worker a paid weekly rest, which is set at twenty-four consecutive hours, after every six working days, and in the event that the worker is employed on this day, his wage shall be at least 50% more than his regular wage.
Accordingly, articles No. (64) to No. (69) of Law No. 6 of 2010 were enacted for this type of leave.
Fourth, regarding the end of service indemnity:
It is decided that the end of service gratuity is a stand-alone right. The law regulates its entitlement conditions in the manner of an order that may not be violated and the law requires the employer upon the expiry of the worker's contract with him.
The wage on the basis of which the end-of-service gratuity is calculated at the rates mentioned therein has been determined as the actual comprehensive wage received by the worker.
The legislator has enacted the articles of the law that regulate this right and has defined articles No. (41) to No. (54) of Law No. 6 of 2010 for it.
Fifth, in imposing occupational safety, security and health precautions:
The legislator, while regulating the rights of the worker, did not lose sight of setting the rules that secure the worker and protect him from work hazards, machines and traded materials while providing the necessary occupational safety and health means without the worker incurring any expenses in return.
It also obligated the worker to undertake to use preventive means and to implement the safety instructions that are put in place to maintain his safety and obligated the employer to insure his workers with insurance companies.
Accordingly, he has enacted the articles that regulate this matter, which are Articles No. (80) to No. (88) of Law No. 6 of 2010.
From the gathering of the foregoing, we will have, through this article, set broad and clear lines for everything related to workers' rights and the nature of their relations with employers in order to act as a torch that lights the way for them to move forward in the performance of their work while they are assured of their rights and that their effort will not be wasted due to the existence of a law that protects They have these rights.
#lawyer #attorney #worklaw #housemaid #worker #law #court #release #visa #transfervisa #intracompanytransfervisa #lawfirm #release #transfer_visa#passport#indemintry #sallary_issue #run_away_case #abscond_case #marriage #contract_marriage#family_cases #DIVORCE_CASE #divorce_contract #child_custody #custody_issue #alimony_case #child_support #expense_issue #criminal_issues #drugs_case #drug_issue #Drunk_driving #alcohol_abuse_issue #assault_case #homicide_issue #kimbyala_case #remove_ravel_ban #Rental_issues #law_firm_In_kuwait#kuwait #kuwait #kuwaitinstagram #kuwaitcity #kuwaiti #kuwaitwomen #kuwaitfashion #lawyeredup #lawyermom #lawyerinthemaking #lawyerslife #lawyering #lawyerfashion #lawyersoffice #lawyers #lawyerjokes #futurelawyer #lawyerlifestyle #lawyersfashion #lawyerstyle #lawyergirl #lawyerproblems #lawyerup #lawyerstatus #lawyertobe #lawlesslawyer #lawyerlife #lawyer #instalawyer #immigrationlawyer #lawyersofinstagram #lawyerquotes #criminallawyer #kuwaiti #kuwaitgirls #kuwaitpic #kuwaitfashion #kuwaitlove #kuwaitpho #kuwaitinsta #kuwaitvape #kuwait__kuwait #kuwaitart #kuwait_city #kuwaitinstgram #kuwait_photo #prilaga #kuwaitfood #kuwait #kuwaityat #kuwaity #kuwait #kuwaitstyle #kuwaityiat_net #kuwaitcity #kuwaitphoto #kuwaitcars #kuwaitwomen #kuwaitinstagram