Chapter six : Work Inspection and Penalties

Section One

 Work Inspection

Article 133

The competent employees designated by a resolution from the Minister shall have the capacity of judicial officers to supervise the implementation of this Law, by-laws and regulations. These employees shall perform their task with loyalty, integrity and neutrality. They shall not divulge the secrets of the employers that they become acquainted to due to the nature of their work. Each employee shall before the minister make the following oath:
“I solemnly swear to perform my duties with loyalty, neutrality and integrity and to keep the confidentiality of the information I become acquainted with in the course of my work and until the end of my service.

Article 134

The employees referred to in the preceding Article shall have access to the establishments during the official working hours in order to inspect their records and register and request data and information related to workers. They shall have the right to test and take any samples of the materials for conducting an analysis thereof. These employees shall have the right to access areas allocated by the employer for labor services, and shall have the authority to use public security force in carrying out their duties.
They shall also write violation tickets to employers and give sufficient time to remedy their violations. They may also submit violation tickets to the competent court in order to impose the penalty provided for by this Law.

Article 135

In the event where employers violate the provisions of Articles 83, 84 and 86 of this Law and the resolutions passed in execution hereof in a manner that may threaten the environment, public health or the health and safety of workers, the employees entrusted with the inspection may write violation tickets and submit them to the competent Minister who shall cooperate with the competent authority in order to issue a resolution to entirely or partially close the work place, or suspend the use of a specific machine or machines until the violation shall have been remedied.

Article 136

Employees entrusted with the inspection shall have the authority to write violation tickets to workers who work in unspecified locations. They shall have the right to request the assistance of public authorities and cooperate with competent authorities with regard to any goods left by said workers, where the whereabouts of the owners thereof are not known.

Section two

Penalties

Article 137

Without prejudice to any more severe punishment stipulated in any other law, a fine of not more than KD 500 shall be imposed on those who violate the provisions of Articles 8 and 35 of this Law. In the event of repetition of the violation within three years from the date of the final judgment, the penalty shall be doubled.

Article 138

Without prejudice to any more severe punishment stipulated in any other law, any person who violates the provision of paragraph 3 of Article (10) of this Law shall be punished by imprisonment for a term not exceeding three years and a fine not less than KD 1,000 and not more than KD 5,000 or either of these penalties.

Article 139

In the event of violation of the provisions of Article (57) of this Law, the employer shall be subject to a fine that does not exceed the total of the workers’ entitlements that he failed to settle, without prejudice to his duty to settle such entitlements to workers as stipulated in Article (57).

Article 140

Without prejudice to any more severe punishment stipulated in any other law, a fine of not more than KD 1,000 shall be imposed on those who obstruct the work of the competent employees designated by the Minister in the performance of their duties specified in Articles 133 and 134 of this Law.

Article 141

Without prejudice to any more sever punishment stipulated in any other law, any person who violates the remaining provisions of this Law and its by-laws shall be punished as follows:
a- Violators shall be warned that they should remedy their violation within a period that shall be specified by the Ministry, provided that such period shall not exceed three months.
b- In the event where the violator does not remedy the violation within the specified period, he shall be subject to a fine of not less than KD100. And not more than KD200 for each of the workers who are involved in the violation. In the event of recurrence within three years from the date of the final judgment, the punishment shall be doubled.

Article 142

Any person, who violates the order of closure or suspension issued pursuant to the provisions of Article (135), failing to remedy the violations specified by the competent inspector, shall be subject to imprisonment for a period not more than six months and a fine not more than KD 1,000 or either of these penalties.

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