Labor law

Got my answer - thanks

Thanks !!

The new labor law states that:

- Maximum regular working hours: 48 hr/week
- Maximum working days/week: 6 days/week
- Maximum daily overtime work: 2 hrs/day
- Maximum annual overtime work: 180 hrs/year

Which means 10 hrs/day is allowed and includes 2 hours overtime but not all year long (every 2nd working day I would say).

Thanks, Adnan

before there was no such law but now they have introduced such law about 1/2 months ago.

I'm very new in Kuwait and don't know the norms here and I am just wondering if reporting 7am to 5pm considered a 10-hr workday? Thanks

@holdcardsdown,
Thanks for the information, however those are clear to me. My concern is actually not related to maximum working hours allowed. Well, I work in construction site on that shift and I get a fixed monthly pay which is equivalent to the basic salary mentioned on my offer letter. Basic normally means exclusive of overtime pay. It's probable that I am not getting paid for the 2 hours extra work if 7am-5pm is indeed 10 hours work. Anyway, I better check with our HR for an explanation.

I am still trying to understand the situation with regards to working Saturdays, working over 8 hours a day, etc. My number one question at the moment is: is it legal for a company to ask you to work Saturdays if it is not stated in your contract that you will have to do so? I understand different companies have different policies, but I find it strange that they choose not to include information like that and then have expats fly in from various countries around the world where they may have always worked a five-day week and then find out that they are to work a six-day week for no extra pay. Very dubious. Haven't found anything in the labour law about it...

unfortunately symboliser, it is.

the thing is, and anyone who started working prior to 2007 will verify this, the practice of 2 days off a week was not apparent for all. most companies would work you from 8~4, sat - wed, and a half-day on thursday, from 8 ~ 1.

Friday, being the religious day of the country, was always off, and is stated as overtime in the labor law.

the basic elements of overtime are as follows:
NOT - normal overtime, same pay for the extra hours worked
FOT - friday overtime, 1.5 times the pay for extra hours worked
HOT - holiday overtime, 2 times the pay for extra hours worked, if u work on official holidays like eid etc, which is illegal

u can calculate ur hourly rate by dividing your monthly salary by 26 days, then by 8.5 hours.

once they implemented the idea of 2 days off a week, they specifically stated that, if work conditions require you to work on saturdays, it will be part of your normal salary package, and not considered overtime.

tricky, but for those of us who dont have to work saturdays, it is a respite. no matter how they phrase it.

hope this was helpful

Thanks for that.

I'm going to pick on your point of "if work conditions require you to work on Saturdays"... that would suggest a condition as being an exceptional circumstance or a temporary requirement. I am referring to companies asking all employees to work every Saturday as a full day without specifying so in their employment contract. This is more of an issue when it comes to life outside of work as spouses, family members and friends may all have a full 2-day weekend when others do not. I am more concerned with employees rights and justice rather than whether or not employees should be paid for their time. I understand many would argue this, however, I believe relationships between employees and their employer should be more open and based on trust and honesty. Doing otherwise just results in disgruntled employees and a miserable working environment which has proven to result in poor productivity.

like you said, it depends on where you work.

and the labor law does not grant everyone a 2-day weekend.

i knew a person who worked almost 24/7, no weekend on saturdays. worked during all holidays, and when i applied there, they wouldnt believe my current package!

so, it depends on where you are.

So there doesn't seem to be any legislation requiring companies to be clear in their employment contracts such that there is an agreement between the employee and the employer prior to starting work that states whether or not they will be working a 6-day or a 5-day week.

There should be some legislation that requires clarity in contracts and conditions as it becomes an excuse for extortion!

The labor law is clear on this point: maximum working hours should not exceed 48 hrs/week divided over 6 day/week. Now, if ones contract with employer states less than that, it is fine; more than 48 hrs/6 days is against the law and should be compensated as overtime. The worker have the right to refuse doing more than 2 hrs overtime daily; further, the law states maximum overtime hours per year is 180 hours. Overtime during holidays is paid in double plus  equivalent time off.

yes, you have the right to refuse, they also have the right ot fire you.

the labor law does not protect employees as much as employers unfortuntely.