Kuwait's labor law establishes clear guidelines regarding working hours, overtime, and rest periods to ensure fair treatment and protect employee well-being. These regulations apply to most employees in the private sector, setting standards for the length of the workday and workweek, as well as compensation for work performed beyond these limits. Adhering to these rules is crucial for employers operating in Kuwait to maintain compliance and foster a positive working environment.
Understanding the specific requirements for standard hours, overtime calculation, mandatory breaks, and record-keeping is essential for effective workforce management. The law aims to balance business needs with the health and safety of employees, providing a framework that governs daily schedules and compensation for extended work.
Standard Working Hours and Workweek
The standard working hours in Kuwait are generally set by the labor law. For most employees, the maximum ordinary working hours are eight hours per day or 48 hours per week. During the holy month of Ramadan, working hours are typically reduced for Muslim employees to six hours per day or 36 hours per week.
The standard workweek is usually six days, with one day designated as a paid weekly rest day, which is typically Friday. However, the law allows for flexibility, and some companies may operate on a five-day workweek, distributing the 48 hours over fewer days, provided the daily maximum is not exceeded without triggering overtime.
Overtime Regulations and Compensation
Work performed beyond the standard daily or weekly hours constitutes overtime. Employers may require employees to work overtime, but there are limits. The total working hours, including overtime, should not exceed 90 hours per week. Overtime work must be compensated at a rate higher than the employee's basic wage.
The compensation rates for overtime are mandated by law and depend on when the overtime is worked:
| Time of Overtime Work | Compensation Rate (Multiplier of Basic Wage) |
|---|---|
| Ordinary working days | 1.25 times the basic wage |
| Weekly rest day | 1.5 times the basic wage |
| Public holidays | 2 times the basic wage |
In addition to the increased wage, employees working overtime on a weekly rest day or public holiday are also entitled to a compensatory rest day.
Rest Periods and Breaks
Kuwaiti labor law mandates specific rest periods and breaks during the workday to prevent fatigue. Employees are entitled to one or more breaks totaling at least one hour per day. These breaks are not included in the calculation of working hours. The law specifies that employees should not work for more than five consecutive hours without a break.
In addition to daily breaks, employees are entitled to a mandatory weekly rest period of not less than 24 consecutive hours. This rest day is typically Friday but can be another day agreed upon by the employer and employee, provided it is consistent for all employees or a specific group.
Night Shift and Weekend Work
While the standard weekly rest day is usually Friday, the law allows for work on this day if compensated appropriately as overtime (1.5 times basic wage plus a compensatory rest day). Similarly, work on official public holidays is permitted but requires compensation at double the basic wage plus a compensatory rest day.
Specific regulations may apply to night work, particularly concerning female employees and certain industries, although the primary distinction for compensation purposes is whether the work falls within standard hours or constitutes overtime, regardless of whether it is during the day or night.
Working Time Recording
Employers in Kuwait are legally required to maintain accurate records of employee working hours. These records should clearly show the standard hours worked, any overtime hours, and the compensation paid for overtime. This documentation is essential for demonstrating compliance with the labor law and may be subject to inspection by the relevant authorities. Proper record-keeping helps ensure that employees are correctly compensated for all hours worked and that the limits on working hours and overtime are respected.
