Minimum Worker Rights Under the Kuwaiti Legislator’s Perspective

In legal practice, there is a well-known saying regarding contracts in general: “Ignorance of the law is no excuse, but it may cost you your rights.”

When it comes to one of the most common contracts in our society—the employment contract in the private sector—the Kuwaiti legislator has provided the necessary protections for workers and has facilitated litigation procedures specific to this type of case. However, the law assumes that the worker is aware of their rights and will claim them.

Law No. 6 of 2010 on Labor in the Private Sector governs the contractual relationship between the worker and the employer in detail, setting a minimum standard of rights that may not be waived—whether expressly or implicitly—even by mutual agreement. These include the probationary period (commonly referred to as the legal trial period), which the legislator has expressly limited to no more than 100 working days under any circumstances, even if not explicitly stated in the employment contract. They also include the worker’s entitlement to an annual leave of no less than 30 days (with full pay), the prohibition on exceeding eight working hours per day except in certain cases specified under the Labor Law, as well as the worker’s rights to sick leave, weekly rest days (Fridays), public holidays, and official religious and national holidays.

Among the fundamental rights in the employment contract is the end-of-service gratuity, which is calculated based on the number of years worked and paid upon the termination of the contract unless there is a legal reason to deny the worker this gratuity. The legislator has explicitly defined these cases and has not left them to the discretion of the employer.

In addition to the above, there are rights that are not explicitly mentioned in many contracts despite clear legal provisions concerning them. However, some contracts ignore or marginalize these rights even though they are important. These include overtime pay and daily and weekly rest periods. According to the law, a worker must receive at least one hour of rest after five consecutive hours of work, as well as a paid weekly rest day after every six days of work.

The worker also has the right to obtain a copy of their employment contract, which is a crucial point for ensuring the proof of rights. It is not permissible to transfer or fundamentally change the nature of the work without the worker’s consent, in addition to the right to a safe work environment free from any form of discrimination.

The worker also has the right to obtain a copy of their employment contract, which is a crucial point for ensuring the proof of rights. It is not permissible to transfer or fundamentally change the nature of the work without the worker’s consent, in addition to the right to a safe work environment free from any form of discrimination.

One of the most prominent legal questions that may arise in this regard is: When is an employment contract considered unfair, and can it be deemed void if such unfairness is proven?

From a legal standpoint, any employment contract that includes terms violating the principles of equality or justice—such as imposing unlawful penalties or arbitrary termination conditions—or if the contract was concluded under coercion or without the worker’s full knowledge of its terms, or if the contract is not registered with the Public Authority for Manpower (especially contracts in the private sector), the worker has the right to resort to the judiciary to claim their rights, even if they have signed the contract.

In addition to the right of a worker dismissed arbitrarily under a fixed-term contract to receive compensation equivalent to the wages for the remaining contract period due to damages suffered from such unfair termination by the employer.

It is important to address a common misconception. Many believe that the involvement of a lawyer is only necessary once disputes escalate to litigation and court proceedings.

As a matter of fact, seeking legal counsel prior to signing an employment contract can prevent numerous potential issues. This includes clarifying complex legal terminology that may be difficult for the average employee to fully comprehend. Legal guidance in interpreting these terms can avert significant future disputes relating to entitlements or the nature of job responsibilities.

Furthermore, specialized legal expertise ensures that both the employer and employee comply with applicable laws, facilitates the drafting of contractual provisions that protect vulnerable parties, and formalizes any subsequent oral agreements into written contracts. This is especially crucial when modifications occur during the contract term, such as changes in job title or adjustments to salary.

The lawyer plays a crucial legal role in this matter, alongside an educational obligation to provide legal advice, particularly concerning the pre-signing phase of the employment contract. In fulfillment of this duty, we consistently advise all parties to read the contract thoroughly and examine its contents carefully, to avoid hastily signing—even if the offer appears attractive—and to request a copy of the contract immediately upon signing.

We also caution against relying on verbal promises, as the law does not recognize oral agreements in employment contracts unless they are documented in writing. Therefore, it is vital to seek clarification on any ambiguous or unclear clauses. Do not hesitate to inquire about any aspect of the contract that you do not understand, regardless of its perceived simplicity, especially if you lack sufficient background knowledge. Additionally, consider seeking specialized legal counsel if the contract is lengthy or includes financial obligations or penalty clauses.

In conclusion, do not wait for a dispute to arise before understanding your rights and obligations. A contract is not merely a commitment between two parties; it is a mutual agreement founded on respect for rights and human dignity within the workplace.