The private sector in Kuwait has thrived and attracted many expatriate workforces who contribute to various economic sectors, such as oil and banking businesses. Over time, the economic sector became reliant on the expatriate workforce in key sectors. Reliance on an external workforce would expose the economy to immigration regulations and global trends. The economy would suffer from changes in immigration policies and affect the availability of skilled labor in critical sectors. Additionally, economic challenges in other countries would limit the number of expatriate workers coming to Kuwait and compromise the demand for expatriate labor in Kuwait. The economic condition in the country prompted the government to pass Law No. 6 of 2010, The Law of Labor in the Private Sector, to create a modern and equitable framework. This law replaced Law No. 38 of 1964 to address these persistent concerns and objections (Hatayama, 2022). The new law introduces aspects that embrace modernity and a working environment friendly to employees with extensive requirements.
The Law of Labor in the Private Sector was implemented to address the pressing concerns that affected the private sector. The Kuwaiti Labor Law covers the many concerns of workers in the private sector. The concerns covered in the law include unfair labor practices, harsh working conditions, discrimination, and problems between employers and employees. The goal was to provide a legal framework that not only safeguards the rights of workers but also promotes harmony and increases productivity.
Employment Contract
The Private Sector Kuwait Labor Law requires that all employment contracts be documented and written in Arabic. The law still allows for verbal contracts if they can be established but insists on written agreements that include essential elements such as the date of execution, the amount of compensation, the length of the contract, and the nature of the activity (Hatayama, 2022). The labor law prohibits any effort by employers to cut the salary of an employee while the contract is still in effect and considers such activity null and invalid. This highlights the commitment of the law to equitable compensation.
Women’s Rights
The proposed law focuses a significant emphasis on advancing the rights of employed women. Female employees are entitled to get the same amount of compensation for the same job as their male colleagues. Furthermore, the legislation makes it illegal for women to work at night, in dangerous vocations, or in circumstances that exploit their femininity (Kumari, 2023). Pregnant employees are eligible for seventy days of paid maternity leave, and they can take further breaks without compromising their eligibility for other policies and benefits. The law prohibits employers from terminating the employment of a pregnant worker if they are on a recognized leave of absence or are experiencing pregnancy-related illness.
Work Hours, Overtime, and Leave
The labor law established regular working hours of 48 hours per week or eight hours per day, with a decrease to 36 hours during the holy month of Ramadan. This legislation specifies the regular working hours. In addition to having the right to a day off every week, workers are permitted to put in a maximum of two hours of overtime every day, so long as they are compensated correctly. The employee is eligible for a thirty-day leave of absence every year, with the possibility of accruing time for up to two years (Kumari, 2023). Also, sick leave is handled, and a medical report from a government medical center must be granted. It is important to note that the right to yearly leave does not suffer any reductions for public holidays or sick leave. In addition, the legislation includes provisions for academic leave, leave for Hajj, and leave for bereavement.
Conclusion
The 2010 Private Sector Kuwait Labor Law is much better placed to address the complaints of critics and improve the working conditions of expatriates. The government plans to eliminate the sponsorship system and create a Public Authority for Manpower that enhances the employment and welfare of expatriate workers. As Kuwait moves toward a more progressive work environment, the 2010 labor legislation shows its commitment to fair and modern labor standards. Terminating the sponsorship scheme in 2011 reduced visa trading and forced labor and portrayed the commitment of Kuwait to an equitable and inclusive workforce.
References
Hatayama, M. (2022). Revisiting Labor Market Regulations in the Middle East and North Africa.
Kumari, P. (2023). Expatriate Management in the Middle East. Doing Business in the Middle East: A Research-Based Practitioners’ Guide.
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