A request for a license to pursue the business of recruiting domestic workers is to be submitted to the Department of Domestic Labour on the application form devised for this purpose. Any relevant documents and data are to be attached to the application. The license is to be issued in accordance with a decision by the Undersecretary of the Ministry of Interior. The licensee is not permitted to obtain more than one license or open other branches of the corporation or office that has been granted a license.
The license in accordance with the provisions of this law is individual and may not be delegated to a third party to manage the business activity. The license will expire in the event of the death of the licensee. The licensee may appoint an office manager on the condition that the manager is the licensee’s relative up to the second degree and that the manager meets the conditions stipulated in Article (2) of this law. This is without prejudice to the right of the Department of Domestic Labour to summon the owner of the office at any time it deems fit.
It is permissible to transfer the license to a third party in either of the following two circumstances:
1. If the licensee’s age passes 70 years old, the license is to be passed on to the husband or wife or one of the offspring.
2. In the event of the death of the licensee, the license is to be passed to the husband or wife or heirs or one of the foregoing.
In order to transfer the license in either of the above two circumstances, the individual to whom the license is transferred must meet the conditions stipulated in Article (2) of this law.
The legal representative of the heirs of the deceased licensee is to be granted a grace period of no more than six months to liquidate the office business and disburse the amount of the guarantee if there is no desire to continue the business.
When a license is issued for the first time, it is to be granted for a period of one year and may be renewed annually. The contract concluded between the office and its counterpart in the country that supplied the domestic worker must be presented when requesting a renewal of the license. Such contracts must be endorsed by the Embassy of the State of Kuwait (in the sending country), if any, and certified by the Kuwaiti Ministry of Foreign Affairs.
The fees for the license granted in accordance with the provisions of this law are to be set per a decision issued by the Minister of Interior.
Employees who are appointed per a decision of the Minister of Interior have the right to inspect the offices and facilities wherein the business of recruiting domestic workers is pursued, as well as observe their ledgers and records and detect violations that appear to them during inspection. Necessary reports are to be prepared and referred to the competent bodies to take the appropriate action
The licensee’s business activity of recruiting domestic workers is limited to recruiting domestic workers from abroad to work exclusively within the State of Kuwait.
It is not permissible for the employer to assign a domestic worker to work outside the State of Kuwait. If this occurs without the agreement of the worker, the worker will be returned to her/his country at the expense of the employer
Without prejudice to the provisions of Article 1 of Law No. (111) of 2013 on licensing for commercial establishments, it is not permissible to pursue the business of recruiting domestic workers unless a license has been obtained for this activity from the Ministry of Interior
Without prejudice to any more severe punishment stipulated by the Penal Code or any other law, any person who practices the business of recruiting domestic workers without a license issued by the Minister of Interior will be punished by imprisonment of no more than three years and required to pay a fine of no more than 10,000 Kuwaiti dinars. This punishment will be doubled if the perpetrator returns to this practice within two years from the date of the final sentence in the first crime
A recently-arrived domestic worker who is not received by the employer within 24 hours of her/his arrival is to be housed temporarily for a daily cash charge to be set in accordance with a decision issued by the Ministry of Social Affairs and Labour. This housing must comply with the conditions stipulated by the Ministry of Social Affairs and Labour.
Domestic worker recruitment offices that are licensed at the time this law is issued are required to adjust their status to comply with the provisions of this law within a period of no more than three months from the date of issuance of the executive regulations of this law.
A breach of application of this provision during this period will result in the license being revoked.
In the event a domestic worker absconds from her/his service post, the Ministry of Interior will take action to deport the worker to her/his country, after collecting the costs of travel and departure ticket and the amount that the employer paid, from the party that sheltered the absconded worker, or from the recruitment office if the party that sheltered the worker cannot be reached. This is to take place within the period of the guarantee
The Minister of Interior is responsible for issuing the internal regulations, statutes, and decisions necessary to execute this law within a period of six months from the date the law is published in the Official Gazette
Decree Law No. (40) of 1992 on regulating private servant employment offices is hereby cancelled.
The Prime Minister and the Ministers – each according to their respective responsibilities – are required to execute this law.