Termination of employment in Kuwait is primarily governed by the Kuwait Private Sector Labor Law – Law No. 6 of 2010.

Lawful Grounds for Dismissal

Employer-Initiated Termination

Employers in Kuwait can terminate an employee's contract for the following reasons (Article 41 of the Labor Law):

• Performance or Misconduct:
  • Employee fails to perform essential job duties despite warnings.
  • Employee breaches work rules, safety regulations, or terms of the contract.
  • Serious misconduct like dishonesty, assault, or intoxication at work.
• Operational Reasons:
  • Economic necessity or restructuring that renders the employee's position redundant.

Employee-Initiated Termination

An employee may terminate their contract if (Article 45 of the Labor Law):

• The employer fails to meet contractual or legal obligations.
• The employer or a representative assaults the employee.

Notice Requirements

The Kuwait Labor Law mandates notice periods for both employer and employee-initiated terminations:

• Indefinite Term Contracts: For terminations without a specified reason, both parties must give at least three months' written notice (Article 43 of the Labor Law).
• Definite Term Contracts:
  • Early termination by either party without cause entails compensation equal to the notice period, which should be defined within the contract.
  • Termination due to valid cause may not require a notice period (Article 44 of the Labor Law).

Severance Pay (End of Service Indemnity)

Employees terminated by the employer are generally entitled to severance pay. The calculation varies depending on factors like the type of contract and length of service:

• Indefinite Term Contracts:
  • 15 days of pay for each of the first five years of service.
  • One month of pay for each year of service beyond five years.
• Definite Term Contracts: A proportionate amount of severance may be due depending on the circumstances of termination.

Important Considerations:

• Specific Contract Terms: Employment contracts may contain clauses that supersede some Labor Law provisions.
• Dispute Resolution: The Labor Relations Department at the Ministry of Social Affairs and Labor handles employment-related disputes.

Kuwait provides limited legal protection against discrimination in the workplace. The existing protections are as follows:

Protected Characteristics

The Kuwait Constitution, in Article 29, guarantees equality before the law and prohibits discrimination based on "descent, origin, language, or religion". Additionally, the Kuwait Private Sector Labor Law, in Article 26, prohibits discrimination in employment on the basis of sex, color, religion, or nationality. This applies to hiring, training, promotions, and compensation.

Omissions and Limitations

However, Kuwait's anti-discrimination protections are notably narrow in scope. They do not explicitly cover age, disability, sexual orientation, gender identity, marital status, political opinion, or other potential grounds for discrimination.

Redress Mechanisms

In terms of redress mechanisms, Kuwait lacks a central, dedicated body to handle and investigate discrimination complaints. The primary redress mechanisms are the Labor Relations Department, where employees can file complaints related to Labor Law violations, including discrimination, and the Civil Courts, where individuals may pursue civil lawsuits for serious instances of discrimination. However, this process can be complex and costly.

Employer Responsibilities

Despite the limited legal requirements, employers in Kuwait have a general ethical responsibility to develop and enforce a clear policy prohibiting discrimination and harassment, ensure that decisions related to hiring and promotions are based on merit and job-related criteria, and have an internal process for handling and investigating any allegations of discrimination.

Important Notes

Despite some legal protections, discrimination based on nationality, gender, and other factors can persist in practice within Kuwaiti workplaces. Efforts to strengthen legal anti-discrimination protections are ongoing in Kuwait.

In Kuwait, working conditions are primarily regulated by the Kuwait Private Sector Labor Law – Law No. 6 of 2010.

Work Hours

The maximum workweek in Kuwait is 48 hours spread over six working days. Friday is the mandatory weekly rest day. Overtime work is permitted, but it must not exceed two hours per day, unless necessary to prevent substantial loss or accident. Employees must receive overtime pay, typically at 150% of the regular hourly rate.

Rest Periods

Employees are entitled to at least one hour of rest after five consecutive hours of work. Kuwait observes a number of national and religious holidays, during which employees are typically entitled to paid time off.

Ergonomic Requirements

While Kuwait's Labor Law does not have extensive, specific regulations addressing ergonomic standards, employers have a general duty to provide a safe workplace. This implicitly includes minimizing ergonomic risks that could lead to injury.

It's recommended to consult the Ministry of Social Affairs and Labor or a legal professional for the most current and detailed information on Kuwait's workplace regulations, especially as certain aspects, like ergonomic standards, may be more clearly addressed in implementing regulations not included in the primary law.

The health and safety of employees in Kuwait is primarily governed by the Kuwait Private Sector Labor Law (Law No. 6 of 2010). This law outlines the obligations of employers, the rights of employees, and the enforcement landscape.

Employer Obligations

The Labor Law places significant responsibility on employers to ensure a safe and healthy work environment. Key employer obligations include:

• Risk Assessment: Identifying potential workplace hazards and implementing measures to eliminate or control them (Article 94 of the Labor Law).
• Safe Work Practices: Establishing procedures for safe work, and providing necessary information, training, and instruction to employees (Article 94 of the Labor Law).
• Safe Work Environment: Maintaining the workplace and equipment in a condition that ensures employee safety and health (Article 95 of the Labor Law).
• Personal Protective Equipment (PPE): Providing appropriate PPE when hazards cannot be eliminated through other means (Article 97 of the Labor Law).
• Accident Reporting and Investigation: Establishing procedures for reporting and investigating workplace accidents and incidents (Article 100 of the Labor Law).

Employee Rights

Employees also have crucial rights under the Labor Law when it comes to health and safety:

• Right to a Safe Workplace: Employees have the right to work in an environment free from foreseeable risks to health and safety (Article 94 of the Labor Law).
• Refusal of Unsafe Work: Employees have the right to refuse to perform work they believe to be unsafe, provided they have reasonable justification for their concern (Article 98 of the Labor Law).
• Health and Safety Training: Employees have the right to receive training and instruction on safe work practices (Article 94 of the Labor Law).
• Reporting Unsafe Conditions: Employees have the right to report unsafe work practices or conditions to their employer or the Ministry of Social Affairs and Labor (Article 94 of the Labor Law).

Enforcement Agencies

The Ministry of Social Affairs and Labor (MSAL) plays a central role in enforcing health and safety regulations through its Labor Inspection Department:

• Inspections: The Labor Inspection Department conducts inspections of workplaces to ensure compliance with health and safety standards (Article 102 of the Labor Law).
• Issuing Improvement Notices: If breaches of regulations are identified, the Department can issue improvement notices outlining corrective actions for employers (Article 103 of the Labor Law).
• Prosecution: In cases of serious violations or non-compliance, the Department has the authority to prosecute employers (Article 104 of the Labor Law).

Important Considerations

• Specificity of Regulations: While the Labor Law outlines general health and safety principles, more specific regulations and guidance may be issued by the MSAL.
• Continuous Improvement: Kuwait's health and safety framework is evolving, and employers should stay updated on the latest regulations and best practices.