Administrative Measures Applied Against the Domestic Workers Office
Without prejudice to the provision of Article 25 of this law, the Director of the Department of Domestic Labour may take administrative action against a domestic worker office if one of the following instances occur:
a. If the office fails to contact the Department of Domestic Labour when summoned, unless the office provides proof of a hindrance thereof.
b. If the office fails to deliver the domestic worker to the employer within 24 hours unless it provides proof of a hindrance and informs the Department of Domestic Labour thereof.
c. If the office fails to receive the domestic worker immediately upon arriving to the country or is late without an acceptable excuse.
d. If the office deals with absconding labourers or those who have been recruited by a third party.
e. If the office concludes work contracts that violate the contract format approved by the Department of Domestic Labour.
The executive regulations of this law define the administrative measures to be taken. These measures should give consideration to and match the degree of violation committed.
The license to recruit domestic workers is to be revoked under the following circumstances:
1. If the licensee loses any of the conditions necessary for license eligibility.
2. If the licensee receives from the domestic worker any amount in return for recruiting or employing the worker.
3. If it is proven that the licensee has obtained the license based on false or forged data.
4. Completion of the duration of the license or termination by the licensee, and the closure or liquidation of the office.
5. If the licensee waives the license to a third party.
6. If the recruitment office is used as housing for the domestic workers.
The Minister of Interior may suspend the license instead of revoking it in any of the above circumstances for a period of three months. If the violation is repeated, the license will be permanently revoked.
Decisions to suspend or revoke a license may be appealed before the Minister of Interior within one month of the date on which the licensee is notified of the decision. The licensee is to be notified of the Minister’s decision to accept or reject the appeal within 60 days from the date the decision is issued.
Penalties Against the Employer
If the employer is late in paying the wages at the agreed time, the domestic worker is entitled to the amount of ten Kuwaiti dinars for every month that the wages are not paid on time.
If the employer refuses to compensate the domestic worker for overtime work, the domestic worker has the right to submit a complaint against the employer to the Department of Domestic Labour. After studying the complaint, the department may obligate the employer to pay fair compensation of no less than double the wages agreed in the contract.
Anyone who recruits a domestic worker younger than the age of 21 years will be punished by imprisonment of no more than six months and will be required to pay a fine of no more than 500 Kuwaiti dinars, or one of the two punishments.
In the event a complaint is proven against the employer before the Department of Domestic Labour, no further entry visas will be issued for that employer for a period defined in the executive regulations of this law.