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Kuwait - Working time - 2011


SOURCES


Name of Act

New Private Sector Labour Law, Act No.6 of 10 February 2010, with explanatory memorandum
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Other source used

Ministry of Social Affaires and Labour Report (MOSAL Report) and website of MOSAL Kuwait.

LEGAL DEFINITIONS


Employee/worker

Any male or female who performs manual or intellectual work for an employer (under his management and supervision) against a wage.
Labour Law Art.1

Employer

Every natural or legal person that employs workers against a fixed wage.
Labour Law Art.1

Night work(er)

Night work is the work performed at night, which is the period of time from sunset up to sunrise.
Ministry of Social Affaires and Labour Report Art.21

Young worker

Young worker is the worker who are between 15 and 18 years old.
Labour Law Art.20

NORMAL HOURS LIMITS


Daily hours limit


General limit

The worker shall not be made to work more than 8 hours a day.
Labour Law Art.64

Special categories


» Young workers

The juveniles maximum working hours shall be 6 hours per day.
Labour Law Art.21

Weekly hours limit


General limit

The worker shall not be made to work for more than 48 hours a week.

Working hours during the Holy Month Ramadan shall be 36 hours per week.
Labour Law Art.64

Exceptions

The working hours of hard labour, health harmful labour and hazard labour or for hard conditions may be reduced by virtue of a decision to be issued by the Minister.
Labour Law Art.64

OVERTIME WORK


Criteria for overtime


General

A worker may be made to work overtime hours under a written order issued by the employer if that is necessary for preventing the occurrence of a dangerous accident or for the repair of any breakdowns arising thereof or for avoiding a certain loss or meeting such works more than the daily required work.
Labour Law Art.66

Limits on overtime hours


General limits

The overtime working hours shall not exceed 2 hours per day and 180 hours per year.
Also overtime working hours shall not exceed 3 days per week and 90 days per year.
Labour Law Art.66

Compensation for overtime work


Overtime rate(s)

The employee who performs overtime work is entitled to an increase of his ordinary rate of 25%
Labour Law Art.66

Special categories


Young workers

Young workers shall not have to work additional working hours.
Labour Law Art.21

REST PERIODS


Rest breaks


General provisions

The worker shall not be made to work for more than five consecutive hours without a break of not less than one (1) hour, that is not included in the working hours.
Labour Law Art.65

Exceptions

Banking, financial and investment sector shall be exempted from this provision and the working hours shall be 8 continuous hours.

In addition, upon the approval of the Minister, workers may be made to work without any break for technical or emergency reasons or in office works.
Labour Law Art.65

Special categories


» Young workers

Juveniles shall not be made to work for more than 4 hours continuously, which shall be followed by at least one (1) hour rest break.
Labour Law Art.21

Weekly rest periods


Duration


» General

Every worker is entitled to one fullypaid weekly off day which shall be enjoyed by 24 consecutive hours after every 6 worked days.
Labour Law Art.67

Work on weekly rest day


» Criteria

An employer, when necessary, may make an employee work during his weekly off day if the working conditions so requires.
Labour Law Art.67

» Compensation (for working on a rest day)

The worker shall receive a compensation for working on a rest day equivalent to an increase of at least 50% of the normal salary.

The worker is also entitled to be compensated with another day for his off day.
Labour Law Art.67

Special categories


» Young workers

Young workers shall not have to work during weekly off days.
Labour Law Art.21

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

To be entitled to enjoy paid annual leave, the worker shall have worked at least 9 months within the first year of work at the work place.

To be entitled to enjoy leave for Haj rituals, the worker shall have worked at least 2 years and not having previously enjoyed that leave.
Labour Law Art.70, art.76

Duration


» General

Every worker is entitled to enjoy a paid annual leave of 30 days.

In addition, the worker who completes 2 continuous years in the service of his employer shall be entitled to a paid leave of 21 days for performing Haj rituals, provided that he should not have previously performed the Haj.
Labour Law Art.70, art.76

Payment


» Amount

100%. The worker is entitled to be paid with the normal salary during his leave.
Labour Law Art.71

» Date of payment

The worker is entitled to be paid in advance before taking his leave.
Labour Law Art.71

Schedule and splitting

The employer shall have the right to determine the annual leave dates, and may grant it partially upon securing the consent of the worker after the expiry of the first 14 days thereof.

The worker shall have the right ot accumulate his leave on condition that they shall not exceed the leaves of 2 years. Moreover by the mutual agreement of both parties annual leaves may be accumulated for more than 2 years.
Labour Law Art. 72

Special categories


» Young workers

Young workers shall not have to work on holidays.
Labour Law Art.21

PUBLIC HOLIDAYS


Number and dates

The Official Holidays are 13; Hijiri New Year Day, Ascension (Isra & Miraj) Day, Eid Al Fitr, (Lesser Bairam), Waqfat Arafat, Eid Al Adha(Greater Bairam), Prophet Day, National Day (25th February), Liberation Day (26th February), New Gregorian Year.
Labour Law Art.68

Payment

Every worker is entitled to enjoy the Official Public Holidays with pay.
Labour Law Art.68

Work on Public Holidays


» Criteria

If the work circumstances so requires, an employer may keep a worker for working on any of the Official Holidays.
Labour Law Art.68

» Compensation

The compensation that the employer shall give to the employee who is compelled to perform work in an Official Holiday shall be at doble rate of the normal wages, together with an alternative compensation day.
Labour Law Art.68

EMERGENCY FAMILY LEAVE

In case of a first and second degree relative�s death, the employee has the right to get a three-day leave with full salary.

For a working Muslim woman, whose husband dies, she can take iddat leave with full salary for four months and ten days from the date of death. During this leave, she should not practice and work for another work place. The conditions of issuing this leave should be organized by a decision by the minister.

The non-Muslim female employee whose husband dies gets a 21 days paid leave.

In addition, the employer is allowed to grant his employee other special leaves without pay.
Labour Law Art.77, art.79

NIGHT WORK


Special categories


Young workers

Young workers shall not have to work in the interval between 7 pm and 6 am.
Labour Law Art.21

Women

Women shall not be employed at night between 10 pm to 7am.

This excludes hospitals, health centers, private treatment houses and other health institutions and establishments for which the minister of social affairs and labor will issue a decision. Nonetheless it is not permitted to perform any night work during official work hours during Holy month Ramadan.
Labour Law Art.22

Results generated on: 20th April 2014 at 17:59:58.
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