Question 2 - Does the worker in the civil sector have the right to request a transfer from his employer to another without consulting the employer or in case the employer refused to give the worker the right to request a transfer?
Answer 2 -
According to administrative decision no. (842) of 2015 on the transmission of labor from one employer to another, the worker has no right to request a transfer of his work permit after three years from the date of its issuance without consulting the employer taking into account the following conditions:
- The obligation to grant the employer the notice period that is prescribed in Article 44 of the law of labor in the civil sector no. 6/2010.
- Upon the receipt of the request of the work permit transfer, the authorized work administration should check the existence of a copy of the notification from the worker to the employer about the notice period.
In case the worker cannot prove granting the employer a notice period as prescribed in Article 44 of the previously mentioned law, the worker has to submit a complaint of work permits dispute to the labor relations administration to notify the employer. The date of the complaint registration is counted for the entry of the notice period into force. The employer is prohibited from submitting an “absence from work” report during the notice period prescribed by the law. Any report will not be considered during the notice period mentioned.
Question 1 - What are the conditions for the transfer of the worker in the civil sector from one employer to another?
Answer 1 - According to administrative decision no. (842) of 2015 on the transfer of labor from one employer to another, transfer of labor in the civil sector is limited to the following controls:
- One year passed after the date of issuance of the authorization to work.
- Employer's permission to transfer to another employer is granted.
Question 3 - What is the number of working hours that is prescribed in the Kuwaiti labor law?
Answer 3 - The labor law in the civil sector no. 6 of 2010 in Article (64) states that a worker should not work more than 48 hours per week or 8 hours per day, except in the cases prescribed in that law. The number of working hours in Ramadan is 36 hours per week and may be reduced for exhausting or harmful to health works or during hard conditions through a decision issued by the Minister.
Question 4 - What are the public holidays scheduled for the worker with full pay?
Answer 4 – The public holidays that are prescribed in the Kuwaiti labor law of the civil sector are:
- On the Islamic New Year one day.
- On Isra and Mi’raaj Day one day.
- On Eid Al Fitr three days.
- On the stand day of Eid Al Adha one day.
- On Eid Al- Adha three days.
- On Prophet Mohammad's birth one day.
- On National Day February 25 one day.
- On Liberation Day February 26 one day.
- On New Year's Day one day.
Question 5 - What is the duration of the annual leave with full pay as prescribed in the Kuwaiti labor law of the civil sector?
Answer 5 - The worker has the right to have a paid annual leave of thirty days, and the worker receives his pay owed for the annual leave before his leaving.
Question 6 - What are the sickness leaves that the worker is entitled to annually?
Answer 6 – The leaves that are prescribed in the labor law no. 6 of 2010 are in the following order:
- 15 days with full pay.
- 10 days with three-quarters of pay.
- 10 days with half of pay.
- 10 days with a quarter of pay.
- 30 days without pay.
Question 7- Does the worker who had a work injury or occupational disease have the right in payment during the period of treatment?
Answer 7- Yes, the worker has the right in payment during the period of treatment determined by the doctor. If the treatment period was over six months, the worker receives half of pay only until his recovery or disability or death. The worker deserves compensation in case of permanent disability or for his heirs in case of death.
Question 8 - Does the sponsor (employer) have the right to retain the travel documents of his workers?
Answer 8- Article (32) of Administrative Decision no. (839) concerning the organization of work in the oil and civil sectors prohibits the employers in the civil sector and oil business sector to retain the travel documents of their workers.
Question 9 - What are the cases in which the Public Authority for Labor Force may automatically cancel the work permit issued to the worker?
Answer 9 -
- In case of more than six consecutive months passed on the presence of the worker out of the country unless he has the permission of the General Directorate of Residence Affairs.
- The residence permission of the worker ended while he was out of the country.
- The worker was deported form the country for any reason.