RENEWAL OF RESIDENCE VISAS

After the initial residence has expired it can be renewed, provided the expatriate intends to continue under the same sponsor. Renewal is a fairly simple matter. Applications are made at the passport office. Medical tests are not required on renewal. However the employee's work permit must first be renewed with the Ministry of Social Affairs & Labour. The application for renewal must be supported by:

the employee's passport and a copy of it,

the renewed work permit,

medical insurance receipt and

a copy of the sponsor's signature as required for business purposes.

Normally the sponsor or his official 'mandoub' will attend at the passport office to renew the employee's Iqama. Where the employee does so himself, he must have a letter from his sponsor authorizing him to do so.

Deportation

Persons with court cases pending against employers cannot be deported, even if their residencies run out. If threatened with deportation, the Ministry of Social Affairs & Labour should be contacted immediately. A person with a case in the Labour Court can have his or her residency extended by presenting an official letter from the Court on the matter to the Immigration Department in their area. The Immigration Department will extend residency as long as the case goes on. But as soon as the case is settled, a copy of the decision must be presented to the Immigration Department. As a concession, persons who win a case against an employer are usually allowed by the Ministry of Social Affairs & Labour to transfer to a new sponsor regardless of the transfer rules.

Absence Abroad

A residence visa is cancelled if the holder is absent abroad for a continuous period of six months. The only exceptions are for those who (a) are studying abroad, (b) are receiving necessary treatment abroad, or (c) are required by virtue of their work to be abroad, provided permission in all three cases is obtained before leaving Kuwait. For a student studying overseas, application for permission is made to the immigration office in the applicant's residential area. An official letter from the student's college stating that he or she is studying there, authenticated by the Kuwaiti embassy in the foreign country and attested by the Ministry of Foreign Affairs in Kuwait is required. A typist outside the immigration office will type a letter of application in Arabic, which must state the reasons for the application. Other documents needed include copies of passport and civil ID plus four passport sized photographs. The permission is given in the form of a letter. The permission must be shown to the immigration officer both on departure from Kuwait and on return. The permission is valid for the remainder of the holder's residence and can be used for several entries and exits. It does not need to be renewed until residence is renewed.

Labour Laws

There are three main legal codes governing labour conditions in Kuwait. The employment conditions of civil servants are regulated by the Labour Law for Government Employees. Those who work in the oil industry are protected by the Labour Law of the Oil Sector. And the Labour Law of the Private Sector governs employment conditions in private businesses. Persons in domestic service, such as maids and chauffeurs, however are not covered by any particular code and must rely for protection on general principles of law.

Labour regulations in the private sector are enforced by the Ministry of Social Affairs & Labour (MSA&L). Persons on temporary contracts of less than six months are excluded from the scope of the private sector labour law. Where an employer's head office is outside Kuwait, the labour law of the country where the employer has its head office, governs expatriates working in Kuwait, unless the employer has a branch in Kuwait which concluded the contract with the employee in which case Kuwaiti law applies.

Contract of Employment

An employee's terms of service are contained in his employment contract, which maybe for a fixed time or it may be indefinite. A fixed time may not exceed five years. An employment contract should be in written and it must show at least:

the remuneration payable,

a description of the nature of the job,

the date of appointment, and

its duration.

The written contract must be in Arabic. A translation into another language may be attached but the Arabic version is authoritative. An employee maybe hired on probation for a 100 days at most. During this time he may be terminated without notice, though accrued indemnity but not holiday pay must be paid. An employee may not be put on probation more than once by the same employer.

Remuneration & Deductions

Remuneration includes basic pay, incentives, commissions, obligatory bonuses, gratuities from third parties and allowances from which the employee benefits (such as housing allowance), but excludes allowances on account of expenses and profit shares.

Payment of a bonus is obligatory if it is stipulated in the employment contract or in the by-laws of the firm or it has been paid in the same amount regularly every year. An employee's total remuneration must be used when calculating terminal indemnity or compensation on account of injury. Where an employee is paid on a time basis the last salary payable is used but if he is paid on a piece-work basis then the average wage paid to him for his actual work during the previous three months is used. There is no minimum wage. Salaried employees must be paid at least once a month. Piece-workers and those on hourly or weekly wages must be paid every two weeks.

Persons working for a subcontractor who has failed to pay their salary may demand payment from their employer's superior contractor to the extent that the latter owes their employer money for work done. When an employer goes bankrupt, the outstanding salaries and termination benefits of his employees must be paid before other creditors. An employee may not be obliged to buy products made by his employer. If he owes his employer money then not more than 10% of his salary may be deducted to pay off his debt and he may not be charged interest. Where an employee's salary is attached on account of debts to third parties, the deduction is limited to 25% of his salary.

Disputes and Civil Rights

Expatriates who are finding it difficult to get their legal rights in a work-related or other dispute may find the following organisations helpful:

Labour Departments

The MSA&L has five Labour Departments, one in each governorate. Labour disputes should be referred to one of these departments, along with documents to substantiate a claim. The Department will give advice on the merits of a case.

Kuwait Trade Union Federation

The federation has a special interest in preventing the abuse of expatriate labourers. It provides legal advice to labourers free of charge and also helps them to take action against their employers.

Human Rights Committee - National Assembly

Complaints on any matter, whether related to employment or other issues, can be sent to the HRC by letter or by fax, or can be discussed on the telephone or by visiting the National Assembly building in person. Persons who are refused entry to the National Assembly building should call the Committee directly. The HRC are particularly interested in expatriates who are having difficulty in obtaining their passports from their employers, and such persons are asked to fax a signed letter in Arabic stating the facts of their case, their civil ID and passport numbers, country of origin, and the name of their employer to the Committee who will treat the matter in strict confidentiality.

Regulations under the private sector labour law are issued at irregular intervals. They only become effective when published in Al-Kuwait AI-Youm, the official gazette.

The Ministry of Social Affairs and Labour has submitted final amendments to the new labour draft law, in line with international labour agreements signed by Kuwait, to the Council of Ministers for ratification. The new draft law incorporates several amendments to the bill for expatriates in the private sector including additional annual and sick leave benefits and less working hours during the holy month of Ramadan. Important feature in the new draft law, compels employers to pay workers salary before the seventh of each month and obliges sponsors to provide insurance for workers in the industrial sector. According to the new bill, public holidays have been increased to 12 days instead of the current 8, sick annual leave from 30 to 90 days (paid and unpaid), and the annual leave to 21 days instead of the current 14 days, which will increase to 30 days after five years of service compared to present 21 days. The draft law may allow expats to setup labour unions on an equal basis with their Kuwaiti counterparts. The labour draft stipulates to increase maternity leave from 40 to 45 days, raise the termination notice from 15 to 30 days and bars employers from terminating the contracts of their employees while on leave.

Harmful conduct

Anybody who causes harm of whatever kind is obligated by law to compensate the injured, irrespective of whether the one who causes harm is a reasonable person or mentally incompetent one, or a minor. If several persons share in causing the injury, they also share in responsibility commensurate with their contribution to the harmful act, or will equally bear responsibility, depending upon circumstances and the nature of the harmful act.

Provoking others to commit a harmful act implicates the provoker in the act, and consequently the provoker will be held responsible with the natural doers of harm.

Compensation is decided by the judge in accordance with the gravity of harm done. It is generally determined by the actual loss and the loss of chance of benefit. Compensation is mandatory whether the harm caused is material, or moral such as tarnishing the reputation of somebody, causing pain and suffering, and similar acts of wrongdoings.

Compensation for the death of a person who dies in an accident of a sort is restricted only to his family and next of kin. If the harmful act was due to force majeure, then the doer will not be held responsible for compensation (in case of death only the blood money is paid)

If the conduct of the victim contributed to the harmful acts done to him, then he will share in the responsibility commensurate with his contribution to the harmful act that led to his injury, except if he dies as a result of this harmful act; then the principal doer of harm shall bear full liability and pay full amount of blood money.

If a harmful act is caused in the process of self defense, or in defending one's honor or property or other's honor or property, within reasonable limits allowed by law then the doer of harm in this case is not responsible for compensation. The same applies for those who inflict harm on others in the process of evading harm to themselves and their property or defending others and their properties.

Mentally incompetent and minors. Anyone bound by law or contract to take care of a mentally incompetent person, and control his conduct, will be held responsible for any wrongdoing done to others by that person. Any ordinary person is considered mentally incompetent if he is less than 15 years of age, or is still under the care and supervision of a reasonable man, (students in schools, apprentices in workshops and offices, wives less than 21 years of age, are considered mentally incompetent and should be under the supervision of a reasonable man).

The civil liability for any harm done to students in public schools will be shouldered by the Ministry of Education. In private schools and institutes the civil liability falls on the owners of these schools and institutes. The owner of the school is obligated by law to redress harm done to students, or others in the school, unless the teacher commits an error that leads to harming others.

The relationship between the principal and his subjects is such that if the subject does a wrong doing that necessitates compensation, the principal is obligated by law to compensate, but in turn he can take his subject to court and demand the compensation to be paid back to him.

Anybody occupying a flat or house is responsible for damage caused to people from falling objects from roof or balconies, unless he can prove that this happened due to a force majeure, or by somebody he can name to be held responsible.

Injury to others resulting from careless handling of animals, machineries, cars, airplanes, apparatuses, wires, electrical appliances, anything that can cause harm or injury necessitates compensation, in such way that anybody who does not take care of his animals, or things which can be causes of injuries to others, is compelled by law to compensate the injured if he cannot prove that the injury was caused by force majeure or by others, or the victim injured contributed to his injury.

Illegal Acts Compensation. If there is no explicit agreement between parties about compensation for damage, loss, or injury, then the judge will estimate compensation in accordance with the gravity of damage. Nevertheless, in case of death or fatal injury, the compensation is KD.10,000 given to family of victim (traffic accident leading to death, work related death etc), regardless of the social position or career of victim (if scientist or worker), of course the judge will take into consideration moral and psychological damage and material loss if they are claimed. This blood money (DIYYA) is not subject to any rights exercised by others and creditors cannot claim their rights from the Diyya money.

Lawsuits against a doer of an illegal act should be filed within three years from knowing about damage, and fifteen years from the day the injury happens, whichever period lapses first. But if the illegal act is a crime, then the prescribed legal period to file a civil case demanding compensation stays open so long as the case is under criminal investigation, or judicial deliberation.

Any agreement prior to an illegal act that exempts the injurer from liability and accountability to law is considered null and void. But the injured and the injurer can agree to a certain compensation, or the injured can willingly forgo his rights after an illegal act has done its damage or an agreement can be formulated in anticipation of a possible illegal act or injury (insurance policies that cover accidents etc).

Injury Compensation. Any injury that results in partial physical damage (handicap) or extensive damage or death, must be compensated for whether the injurer is known or not. If known he must compensate the injured or the latter's inheritors (universal successors); if not known then the state of Kuwait will bear the responsibility of compensation to injured's inheritors if they did not commit an act of error that led to not knowing the identity of the injurer, and the state of Kuwait will claim it from the injurer when caught. But if the illegal act or injury happened due to self defense and in accordance with legal limit to self-defense then compensation to injured or his inheritors is not guaranteed. Also if the injured intentionally exposes himself to danger, he or his inheritors cannot claim compensation.

The prescription period for civil liability resulting from any form of accident causing physical injury is three years from the date of accident.

Compensation is not restricted to physical injury and death but extends to moral, social and psychological damages. This form of compensation is considered by the judge on a case by case basis and in accordance with the social status and economic productivity of the injured.

UNJUST ENRICHMENT

A person who enriches himself by whatever amount of money without a legitimate reason to do so, is obligated by law to return what he enriched himself with to the person affected. The prescription period for unjust enrichment is three years from the date the affected person knows about it. (He cannot file a case of redress after the passage of three years from the date he knows of the unjust enrichment).

Any one receiving money which is not his, from another person, in good faith must return the money to its owner or back to the one he received from. If he has malicious intentions (this must be proved) then he must return the money in addition to what he may have gained from its use, or missed to gain, from the day he received the money and if a mentally incompetent person receives what is not his, he is not obligated to return the lawful gain he received from its use.

LABOR IN THE PRIVATE SECTOR

This law applies to employees in the private sector; it does not apply to domestic helpers of all kinds (drivers, servants, cooks, maids, etc.). Employees in the public sector and oil sector have different laws to them and they are only applied to Kuwaiti and Gulf nationals; foreigners working in these sectors are under the jurisdiction of this law.

SCOPE OF APPLICATION

This law applies to employees who earn their living from physical, or mental work, and to owners of businesses, be they persons or commercial entities who earn their living from employing workers to do physical, or mental work for them.

An owner of a business company must issue a work permit for his employee from the Ministry of Social Affairs & Labor (henceforth referred to as the Ministry) excluding Kuwaitis or GCC nationals. The Ministry issues the work permit upon the request of the owner of a Kuwaiti company (henceforth referred to as employer) registered at the Ministry, and in accordance with requirements stipulated by the Ministry and met by the company. Once the work permit is issued a copy goes to Ministry of Interior based on which a work entry visa is issued.

Anybody who is not registered at the Ministry is not allowed to work (having a work permit means the person is registered at the Ministry). The Ministry is authorized to license offices for recruitment of workers from outside the country. These licensed offices are not allowed to take money from workers for their recruitment services, and are prohibited from keeping the recruited workers for themselves.

LABOR CONTRACT

The labor contract between employers and employee can be either written or verbal. It should be in Arabic with a translation to the language spoken by the employee, or into English, if requested, and it should at least comprise the following information:

Date of contract, duration of contract (if it has fixed duration), salary or wage, type of job and its nature, and any information and condition deemed necessary by the parties to the contract.
In case the contract is verbal and conflict arises between employee and employer, the case of the wronged party shall be proven by all means possible; and if the contract has a fixed duration it should not exceed five years, renewable upon the consent of parties.
It should be noted that the Arabic version of the contract is the one legally binding in case of discrepancy between the Arabic original and a translated version.

The law states that it is legal to try the employee for a period of hundred days, after which the employer can relieve him of his work without notification but with payment of certain compensation as agreed. (the law does not indicate whether this compensation is full salary or not).

EMPLOYING JUVENILES

The law defines a juvenile as a male or female who is between 14 years and less than 18 years of age, and prohibits employment of juveniles unless the following is met:

A permit to employ him must be taken from the Ministry.

Medical check up before employment, and regular check-ups after employment.

The juvenile should work in a healthy non-hazardous environment, but it is acceptable for a juvenile to be employed in hazardous work environment for training purposes only, and after a special permit is taken from the Ministry with the following conditions secured:

The juvenile should not be less then 14 years old.

The juvenile should be healthy and physically fit for the job.

The juvenile should not work during the night, he or she should be allowed to work during the day, and for six hours only; four hours of work, one hour of rest, and one final hour of work.

EMPLOYING WOMEN

It is not allowed for woman to work during the night except in hospitals, clinics, and other places which the Ministry approves. It is forbidden to employ women in hazardous jobs or dangerous industries. A pregnant woman has the right to a leave as follows:

Thirty days before delivery, forty day after delivery.
And she has the right to stop working, continually or intermittently, for hundred days without payment, provided she submits a medical report recommending this period of rest. In this case she cannot benefit from her annual leave. The salary of woman is equal to that of man if she does the same work.

SALARIES AND WAGES
A salary is what the employee earns monthly as remuneration for his work. Its consists of the basic amount of money plus any benefit he might have agreed upon, plus rewards, increments, commissions etc (as agreed with employer). At the end of the employment period, the employer should consider the last salary paid as the basis for calculation of the end of service remuneration, (that is so if the employee is paid on a monthly basis). But if the employee works by piece, or by measure of work done, or work accomplished, then an average of the last three months of his wage should be taken into consideration when calculating his end of service remuneration. Wages are considered either as daily basis, or weekly basis, or monthly basis or per hour of work done, or per piece of work done. It is worth noting that common practice is of two kinds:

Monthly paid salaries for white collar employees.
Wages paid on a daily work basis at the end of the month for blue collar workers.

Daily workers should get their wages every two weeks but if this has not been the custom they should get their salaries every month if paid punctually. An employer cannot change the status of his employee from a monthly paid one to a daily paid one, or one paid by week, or paid for units of work accomplished, without the employee�s acceptance. The employer is not allowed to do:

Force the employee to buy from his products or from a place designated by him.
Deduct more than 10% from employee�s salary or wage to pay back debt due to the employer.
No restriction of any legal nature on the salary of the employee should exceed 25% of total salary. Priority goes to alimony of ex-wife, then to creditors regarding debts on food, shelter, and clothing.

WORKING HOURS, HOLIDAYS AND LEAVE
It is not allowed for employees to work more than 8 hours per day, (forty eight hours per week): five consecutive working hours, one hour of rest and two final working hours. But for workers in hotels, restaurants, hospitals, sanitariums and other caretaking institutions, working hours can extend in accordance with a decree from Minister of Social Affairs and Labor. Working hours can be decreased if weather conditions are severe, or if work to be done is hazardous to health. Employees are allowed to work more than eight hours if the employer requests so from them in cases demanding extra work, or to urgently fix something, or to avoid loss, provided the employee does not work more than two overtime hours extra per day; and to be paid from these two extra hours 25% more than his regular salary or wage for these two hours. The weekly rest day is Friday. If the employee is asked to work on Friday, he should be paid 50% more than what he is paid for a day. The official holidays should be paid in full to employees, and they are as follows:
One day for Gregorian Calendar (January 1)
One day for Islamic New Year (Alhijra)
One day for Isra wal Mairaj
Three days for Eid Al Fitr
Three days for Eid Al Adha
One day Prophet�s Birthday
One day National Day (February 25)
One day Liberation Day (February 26)

The employee who works on holidays must be paid double his regular salary for the day. Employees have the right to sick leave based on a medical report prepared by a doctor in a public hospital or a doctor appointed by the employer. Paid sick leaves are as follows:
six days with full payment.
six days with � of the salary (amount of salary equivalent to six days of work).
six days with half the salary.
six days with one quarter of salary.
six days without pay.

It must be known that if a conflict arises over the medical report, the report prepared by the public hospital doctor will be taken as the true one and it will be legally binding. The employee has the right to an annual leave of fourteen days paid in full if he spends one year of continual work at his employer and 21 days if he spends five years or more at his work. Fixing the date of the annual leave is the prerogative of the employer, and he has the right to give it in full or in parts with the consent of the employee.

WORK ENVIRONMENT
The employer should prepare the work environment in such a way as to prevent any damage or harm caused to employees from machines, debris, and any other hazardous materials that might be in the work environment. He should take safety procedures to secure his employees well-being and health. He should provide a clean, healthy place for his employees, equipped with proper ventilation, sanitary services, and good lighting. He should take necessary and sufficient precautions to protect his employees from occupational hazards and diseases, likely to happen to workers in certain industries. He should provide a First Aid Kit under control of a practicing nurse. He should provide means of transportation for his employees if the place of work is far from public transport facilities, secure a healthy residence, clean water and provisions; and all these should be in accordance with the contract formulated between the employer and his employees.

WORK AND PENALTIES
The employer should do the following regarding schedule of work and penalties: Keep a register to put down all relevant information about the employees:

Personal information.
Vacation leaves.
Sick leaves.
Penalties.
Other information as needed.

- Give the employee a work card.
- Hang on wall in the office a list showing working hours and holidays.
- Hang on the wall a list of penalties effected on employees in case of breach of rules;
and the employer, when preparing this list, should take into consideration the following:
- To identify the possible wrongdoings of workers.
- The list of penalties should be in ascending order.
- Not to impose penalty on an employee who commits a wrongdoing outside the work environment,
unless it is related to his work.
- Penalty discount of salary should not exceed five days in a month.
- Not to suspend the employee from work for more than 10 days in a month.
- The employee should not be punished for a mistake that he made 15 days before it was discovered,
or after the date salaries were paid.
- The employee should not be punished more than once for the same mistake.

TERMINATION OF CONTRACT
If the labor contract between employer and employee has expired, and the employee kept working for the employer with the latter�s approval and consent, the contract is considered renewed for an unspecified period of time.

If the duration of the contract is not specified, and one of the parties wishes to terminate the contract, he must notify the other party of his intent at least 5 days before expiry date in case the employee is paid on monthly basis; and before seven days if the employee is paid on daily basis.

But if the labor contract has a specific duration, and one of the parties terminated the contract without due recourse to terms of contract, then he bears full responsibility to compensate the other party for damage caused to him by the abrupt termination of contract; bearing this in mind, there are conditions and situations where the employer and employee can terminate the contract without notifying each other.

The employer can terminate the contract without notification or compensation in the following cases:

If the employee does not fulfill his responsibilities and duties to his job and causes damage to employer (intentional contribution to damage directly or indirectly is a liability).
If he causes a big loss to employer.
If he breaks repeatedly the regulations given to him by the employer except when breaking it from his safety.
If the employee divulge secrets of the business.
If the employee commits a crime related to honesty such as: breach of trust, malicious conduct, cheating, fraud, etc.
If the employee cheats the employer in order to get the job.
If the employee does not come to work for seven consecutive days.
If the employee breaches the contract.
If he assaults the employer or employer�s representative, or any of his colleagues.

Other than the conditions indicated above the employer must compensate the employee for whatever period remains in the contract till its expiry date.

The employee can terminate the contract without notifying the employer, and with full compensation given to him in the following situations:

If the employer or his representative assaults the employee.
If the employer or his representative breaches the contract terms.
If the work given to employee is hazardous to his safety and health.

The contract is also considered terminated in the following situations:

If the employee passes away.
If the employee becomes invalid and incapable of continuing his work after spending all legitimate sick leave.

As a consequence of these two situations, the inheritors of the employee would take the legal compensation, and in no way can the employer terminate the contract while the employee is sick and under treatment.

If the company or establishment becomes bankrupt, or is liquidated, or closed down for whatever reason, or merged with other company, or transferred to other through inheritance, or any legal action, then the contract with employees is considered terminated and their dues becomes debts on the company whatever happens to it.

END OF SERVICE REMUNERATION
End of service remuneration is as follows:

For employees getting their wages on hourly or, daily, or weekly basis or by measure of work accomplished, they get ten days pay for each year of the first five years of service.
Fifteen days pay per year for each year of service over five years and with a maximum remuneration of one year�s pay (based on the last wage taken by employee)
For employees who get a monthly salary, the pay of fifteen days of each year of the first five years in service, and the pay of one month of each year over five years till termination of contract, and to a maximum pay of one and half years (based on the last basic salary taken by the employee).
If the contract between employer and employee contains more benefits for the employee, then these benefits must be applied (contract should be respected).
An employee who resigns does not get end of service remuneration if he does not complete 2 years of service, but if he completes five years or more, and then resigns, he gets only half of what he normally deserves.
The working woman gets her full remuneration if she quits work within six months of hermarriage.

Injury compensation
In cases of injury during working hours, or because of work, the employer must do the following:

Inform the nearest police station.
Inform the Ministry.

The injured employee can report his injury if his condition permits. The injured employee will be treated in public or private hospitals with the employer bearing all expenses. It is important to note that the medical report put forth by the doctor of public hospital is the one upheld (taken as true one).

The injured employee under treatment gets his full salary for the treatment period and up to six months (if the treatment lasts long); and half the salary for the rest of the treatment and recuperation period, until his invalidity is established medically, or his health regained.

The employee who gets injured during working hours, or because of his work, get the compensation specified in the ministerial decree of that matter in accordance with the severity of injury. If proved that the employee intentionally exposed himself to danger that led to the injury, or the injury was a result of his misconduct, then he would lose his right for compensation. Nevertheless, if the injury results in 25% invalidity or death, then compensation must be fulfilled.

OCCUPATIONAL DISEASES
Any occupational disease that befalls the employee is compensated for by his consecutive employers. (If he had more than one employer throughout his working life) All employers he worked for in the same hazardous occupation are jointly liable to compensate the employee, each one in accordance with the duration spent by the employee at his service.

LABOR ORGANIZATION
In Kuwait there is no serious labor organization. All organizations or associations are under the umbrella of the Ministry and membership restricted to Kuwaitis. Lately the government ministries and institutions started forming syndicates or associations to protect the right of government employees and better their lives. They are benign entities.

RECONCILIATION AND CONFLICTS
In cases of conflict between an employer and some or all of his employees, regarding the terms of work, the following procedures must be followed:

Direct negotiation between employer and employee, or their representatives, if the problem is solved it must be registered in the Ministry within a week of it being solved.
If the problem stays unsolved both parties can resort to Ministry to help in solving the problem.
If stage two fails, the Ministry forms an arbitration committee consisting of representatives of both parties, a representative of the court of justice, and a representative of the Prosecution Department (Niyaba); meet, and deliberate, and decide on the issue. The decision of the arbitration committee will be considered final and binding to both parties.

The Ministry prepares the regulations and procedures for arbitration between the two parties.

Terms of a labor contract breaching this law do not legally stand, only if the terms give more benefit to the employee do the breaching terms hold as legal.
Civil service of the Ministry have the right to inspect the employer�s offices or factories to make sure they apply the law and ministerial decrees and regulations; they have the right to interview and ask questions regarding application of law and regulations.

All cases filed by employees against employers are free from fees and are quickly looked into by the courts. Yet before resorting to the court, the employee should place a complaint in the Ministry that his employer is not abiding by the contract. The Ministry will receive the complaint and summon the employer to attend and explain his position, if the problem is solved to the satisfaction of the employee, there will be no need to take the matter to court. If not, then the Ministry will send the case to the court on behalf of the employee. Employee must be aware that the passing of one year after termination of contract without litigation in labor court against non-complying employers, will negate their dues; as a matter of fact the court will not hear such cases; it will dismiss them.

PUNISHMENTS
Any person who breaches this shall face the following:

A warning notification from ministry to correct his illegal conduct within three months
If illegal conduct is repeated within 3 months from the first warning the employer is fined one hundred to two hundred Dinars for every employee breaching the labor law.
And if this illegal conduct is repeated within 3 years the penalty will be doubled.

Any employer who recruits employee from outside the country and does not hand them the work they came for, or he is not in actual need of them, faces a fine of KD.500 or imprisonment of maximum of three years, or both penalties.