Post by Fajer Ahmed
I decided to be a lawyer because I strongly believe that if more people have their rights and get justice, kuwait would be a better place. Even though I am not really helping much, I am still humble and grateful that I get a chance to post here and create some sort of awareness (thank you kindly Mark). I know my topics might be negative lately, but remember I get inspired to write by the cases I have and the emails I receive.
Some of the companies out there are MONSTERS (not the cute ones like monster inc but more like I don’t know I am not really into sci-fi) but seriously some companies are evil.
I have noticed in the past few years an increase in cases dealing with contractors. Contractors are brought to Kuwait from their home country and put to work doing various jobs for companies or entities that are from their home country. These contractors are told that because they work for their countries Army or Navy or whatever, then Kuwaiti Labor Law doesn’t apply to them but their countries law does. NOT TRUE YOU EVIL ******!
If you are working as a contractor for I don’t care who in Kuwait, it doesn’t matter if it’s for the King of Utopia or Queen Elizabeth. If you have a working permit and you are registered under the Ministry of Social Affairs and Labour then Kuwait Labour Law applies to you. So what does that mean?
You get paid overtime! I have noticed that some contractors have signed a contract that says they are willing to work 12 hours a day. Fortunately though, the law clearly states that the employee can not agree on something different than what the law states unless it’s beneficial for the employee (contractor). The law states maximum 8 hours, so unless you think working 12 hours a day without overtime is beneficial for you, you can ask for compensation for all your hard work. Also:
– The law also requires the sponsors to open a Kuwaiti bank account for contractors and transfer the contractors salary to the bank account. These sneaky companies pay the contractors in their bank accounts back home and deposit small amounts of money in a Kuwaiti bank account, making the Ministry of Social Affairs and Labor believe that the contractor’s salary is a lot less than what they really make. Since compensation is based on salary, these contractors won’t be getting compensated fairly.
– Termination indemnity, yes you heard it right, contractors deserve termination indemnity in accordance to Kuwaiti Labor Law.
– Days off in accordance to Kuwaiti Labor Law.
– All other rights in accordance to Kuwaiti Labor Law (please read my labor law post for more information).
If you are a contractor and you are being mistreated and you want your rights, please let me know ask@fajerthelawyer (or any other legal questions). I do not have the capacity to answer everyone for free (but I try), and I am happy to announce that I am currently working with a great team and therefore we are able to reply back to all emails with a reasonable time frame.
Post by Fajer Ahmed – Legal Counsel
The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on 248am.com are those of the individual’s and in no way reflect Fajer’s opinion.