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KEY LEGISLATION |
Private Sector Labour Law, No. 6 of 2010. |
Law No. 68 of 2015 on Domestic Workers and Ministerial Decision No. 2194 of 2016. |
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RECRUITMENT |
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RECRUITMENT FEES |
It is not explicitly prohibited to charge recruitment fees to workers. 2 |
Employers are required to pay the recruitment agency fees, which cannot be deducted from the domestic worker’s remuneration. |
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PASSPORT CONFISCATION |
It is prohibited for employers to confiscate workers’ passports. 3 |
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WORKING CONDITIONS |
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CONTRACT |
The employment contract can be verbal or written in Arabic. A written contract has to be issued in three copies. Translations to other languages may be added. |
The employment contract must be signed in the form prescribed by the Domestic Workers Department at the Public Authority of Manpower (PAM) in both English and Arabic. 4 |
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MINIMUM WAGE |
Kuwaiti dinars (KWD) 75 (US$250) per month. 5 |
KWD60 (US$200) per month. 6 |
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WORKING HOURS |
The Rule Eight hours per day or 48 hours per week. Exceptions The month of Ramadan. Working hours are decreased to 36 hours per week. Workers are entitled to a one-hour rest after five hours of work, per day. |
Cannot exceed 12 hours per day including breaks. Domestic workers are entitled to an hour rest after five hours of work per day and a nightly rest of eight consecutive hours. |
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REST PERIODS |
One day per week. Employers may require a worker to work during a day off. If this occurs, a worker is entitled to at least 150 per cent of the daily rate of the basic wage, or any other compensation agreement that is more beneficial to the worker. |
One day per week. |
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OVERTIME |
Overtime provisions range from 125 to 150 per cent of the basic hourly rate. Overtime is limited to two hours per day, six hours per week and 180 hours per year. The total annual overtime days cannot exceed 90 days. 8 |
Overtime cannot exceed two hours per day. The domestic worker is entitled to a compensation equal to a half day of wages. 9 |
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PAYMENT OF WAGES |
Wages must be paid on a fortnightly or monthly basis through the Wage Protection System to an accredited bank. |
Wages must be paid at the end of the month along with a receipt. The employer is charged a KWD10 (US$ 33) penalty for each month of delayed payment. |
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ANNUAL LEAVE |
After nine months of completed service: 30 days of paid annual leave per year. 10 |
The standard employment contract for domestic workers provides for two months of paid leave after two years of service. |
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OTHER REQUIREMENTS |
Working outdoors is prohibited between 11 a.m. and 4 p.m. during summer, from June until end of August, except for oil and gas workers. 11 Workers shall be entitled to 15 days of sick leave fully paid, 10 days of sick leave at three- quarters pay, 10 days of sick leave at half pay, 10 days of sick leave at one-quarter pay, and 30 days without pay. 12 |
The employer must provide the domestic worker with decent food, housing, clothing and medical treatment at public hospitals. |
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END OF SERVICE GRATUITY |
Workers paid, hourly, daily, weekly or on a piecemeal basis Ten days of wages for each year of service during the first five years or service and 15 days of wages for any remaining years of service, not to exceed one year’s wages overall. Workers paid on a monthly basis 15 days of wages for each year of service in the first five years of service and one month of wages for any remaining years of service – not to exceed 18 months’ wages overall. All end of service gratuity calculations are made pro-rata. 13 |
One month of wages for every year of service, at the end of the contract. |
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FREEDOM OF ASSOCIATION |
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RIGHT TO JOIN TRADE UNIONS |
All workers can join an existing trade union according to the Labour Law. 14 |
There is no provision enabling domestic workers to join a trade union. |
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LODGING COMPLAINTS/ RESOLVING DISPUTES |
Conciliation Workers must lodge a dispute at a local Public PAM office (six offices across the country). A PAM investigator tries to mediate an outcome. If no settlement is reached within a month, the PAM investigator refers the case to the Civil Court (Labour Circuit). Judicial remedy Cases can be brought to the Civil Court (Labour Circuit). All cases are free of court fees. |
Conciliation Domestic workers are required to bring disputes to the PAM Domestic Workers’ Department. 15 Judicial remedy Cases can be brought to the Civil Court (Labour Circuit). All cases are free of court fees. |
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SHELTER AND PROTECTION SERVICES |
A women’s shelter run by PAM has a maximum capacity of 500 individuals and provides accommodation, food and legal and medical assistance. New domestic workers that arrive in the country but have not been received by their employers for 24 hours can also stay at the shelter administered by PAM. 16 |
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SPONSORSHIP |
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SPONSORSHIP AND CHANGING EMPLOYERS |
With permission of employer Private sector employees who work on government-contracted projects: such workers are permitted to transfer only to other government-contracted projects implemented by the same sponsor and only after the end of their contract. Workers with certain technical skills are permitted to transfer to other government-contracts’ projects run by another sponsor, if the implementing government entity approves the transfer. 17 Workers in Free Trade Zones and the manufacturing, agricultural, co-operatives and fishing sectors: Transfer is permitted at any time with the approval of the employer. 18 Other workers: Transfer permitted after one year of continuous employment with the approval of the employer. Without permission of employer Only permitted three years after the issuance of the work permit. 19 If the worker wishes to transfer prior to the end of this period without the consent of the original employer, the worker will have to file a complaint with the Labour Relations Department of the PAM. |
With permission of employer Transfer of sponsor is managed by the Ministry of Interior; thus transfer with permission of employer is permissible if accepted by the Ministry of Interior. Without permission of employer The Ministry of Interior and the Labour Court have the authority to transfer sponsorship without the permission of the sponsor. A worker can initiate the process through the Ministry of Interior, or in some cases with the Domestic Workers Department, which could offer a memo to the Ministry of Interior or the Civil Court (Labour Circuit). |
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LEAVING THE COUNTRY |
No exit permit is required. |
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- This factsheet was prepared by the ILO FAIRWAY Project, supported by the Swiss Agency for Development and Cooperation and was reviewed by Clyde & Co lawyers for accuracy.
- According to Private Sector Labour Law, No. 6 of 2010 (hereafter the Labour Law), article 10, the Minister shall issue a resolution setting forth the procedures, documents and fees that shall be paid by the employer.
- Articles 2, 5 and 6, Kuwaiti Ministerial Decision No. 166 of 2007 Concerning the Prohibition of Confiscating Travel Documents of Workers in the Private Sector; Ministerial Decision No. 2194 of 2016, article 8(8).
- The contract can be renewed annually unless one of the parties decides not to renew it, in which case they have to send notice to the other party at least two months prior to the end of the contract.
- Ministerial Decision No. 14 of 2017.
- Ministerial Decision No. 2302 of 2016.
- Ministerial Decision No. 2302 of 2016.
- Labour Law, Article 66.
- Ministerial Decision No. 2194 of 2016.
- Labour Law, Article 70.
- Ministerial Decree No. 535 of 2015.
- Labour Law, Article 69.
- Labour Law, Articles 51, 52 and 53.
- Labour Law, Article 98. However only nationals can establish a trade union.
- Council of Ministers Decision No. 614 of 2018 on transfer of the powers stated in Law No. 68 of 2015 regarding domestic workers. 16 Ministerial Decision No. 2194 of 2016, article 27.
- Ministerial Decision No. 842 of 2015, article 3.
- Ministerial Decision No. 142 of 2021.
- Ministerial Decision No. 842 of 2015, article 6. The worker is also required to provide three months’ notice to the employer as per article 44 in the Private Sector Labour Law, No. 6 of 2010.