E PR E E

u
 EW PRIVATE
SECTOR
ALL RIGHTS ARE RESERVED
NO PART OF THIS PUBLICATION
LABOUR LAW
MA Y BE REPRODUCED OR TRANSMITTED
IN ANY WAY OR BY ANY MEANS
WITHOUT OUR PRIOR CONSENT.
No. 38 of 1964
with amendments upto
M.A. MURSI 2006

I
Translated by M.A. MURSI
SWORN & CERTIl1'IED
TRANSLATOR
 INDEX

• Private Sector Labour Law No. 38 of 1964 (Text of the Law Promulgated) 15

• CHAPTER I: The Scope of the law application - Identification of Labour and

Employer 15

• The categories exempted from the application of the Law provisions. Vide
Article "2" thereof 15

• CHAPTER II: Immigration and Labour Permits. Articles from 3 - 7 15

• CHAPTER III: Employment. Articles from 8 - 11 16

• CHAPTER IV: Employment Contract: Article 12 refers 17

The maximum requirements of particulars included in the employment contract.
Article 12 17
• Nature of Contract, whether made for a fixed or unfixed term and the provisions
applicable to be abide by. Article "13" refers 17

• Prevailing Language of the employment contract. Vide Article 14 17

• Maintenance of a fair equal treatment between the labourers of the main

employer and those of another employer to whom a part of the work is
entrusted. Vide Article 15 17

• The Probation Period, its conditions and Labourer's entitlement upon

termination of his/her services.during the Probation Period. Vide Article 16 ..... 18

• CHAPTER V: Employment of Juveniles: Definition of a Juvenile. Vide Article

17 18

• Prohibiting employment of a juvenile under 14 years of age. Article 18 refers.... 18

• Conditions under which juveniles are employed. Vide Articles 19 - 22 " 18

• CHAPTER VI: Employment of women. Articles 23 - 27 19

• CHAPTER VII: WAGES: 19

• Definition of wages. Article 28 19

• Estimate of wages, fixed times of wages payment and the conditions of

transferring of a monthly rate labourer to a daily/weekly or piece work category
and/or the like. Vide Article 29 .........................................................•..... 19
• Impermissibility of obliging a labourer to buy a certain commodity from a
• Service Terminal Indemnity. Vide Article 54 . 24
specific place. Vide Article 30 . 20
• Cases under which a labourer's Service may be terminated. Article 55 refers ..... 24
• The maximum permissible amount, deductable by the Employer for settlement
of any debts due to him. Vide Article 31 . 20 • Restrictions service terminal Indemnity. Vide Article 56 . 25

• Limits of attachment on wages. Vide Article 32 . • Cases where a labourer may leave the service, besides being entitled to service
20
terminal indemnity. Vide Article 57 . 25
• CHAPTER VIII: Work hours & leaves
• Termination of labour contract, under reasons due to labourer. Labourer's
entitlements, or entitlements payable to labourer's heirs. Vide Article 5~ . 25
• Maximum daily and/or weekly work hours, ma~imum continuous wor -
hours, and increase or decrease of work hours. Article 33 refers . 20 • Termination of labour contract due to reasons relating to the legal entity of the
firm Vide Article 59 . 25
• Overtime on normal working day. Conditions
• Obligation of employer to give the labour a service te~inatio~ certificate, with
under which a labourer is entrusted with return of all testimonial certificates and/or tools deposited WIth the employer.
such a work. The wages due and the time of Vide Article 60 .
payment. Vide Article 34 . 25
20
• CHAPTER XII: Compensation for labour accidents and Industrial diseases: . 26
• Weekly rest without pay, and the pay the labourer is entitled to when he/she is
kept in work during such weekly rest day. Vide Article 35 . 20 • 1st.: Labour Accidents . 26

• Official holidays with pay, and the wage the labourer is entitled to when helshe • The Procedure to be followed in the event of labour accident during working
is kept on duty during such a holiday. Vide Article 36 . 21 hours and by reason of work. Articles 61 & 62 refer . 26

• Sick leave. Article 37 refers : . 21 • Employer's obligations towards his injured labourer. Article "63" refers . 26

• Annual leave, and the relevant entitlements of both i.e the employee and the • The wage the injured labourer is entitled to during the course of treatment.
employer Vide Article 38 " 39 Vide Article "64" . 26
• CHAPTER IX: Work Conditions . 21
• The rules of compensation entitlements in the event of a Physical disability,
• Vide Articles 40 "46 .. . 21 when such compensation is payable to a labourer's heirs and the restriction
applicable to payment in certain cases. Article 65 refers . 26
• CHAPTER X: Work Regulauons & Penalties
• 2nd.: Profession Diseases . 26
• Labourers Register Article 47 refers .
• Authorizing the Minister of Social Affairs & Labour to prepare the profession
• Attendence Card. Vide Article 4~ . diseases schedule, the industries and the works causing the same. Article 66
refers . 26
• Daily attendence schedule. weekly rest and official holidays. Vide Article 4\1 ....
• The Provisions applicable to Industrial diseases. Vide Article 67 .
• Penality List. Vide Article 50 23 • The relevant responsibility of the employers in the event of plurality and if they
• Rules and supulatron hI he satisfied upon applicauon of the penalty list. Vide are more than one. Vide Article 68 .
Article 51: .. . 23
• CHAPTER XIII: Organizations of Labourers and Employers .
• CHAPTER XI. Explr\ of Labour Contract and ~erminal inderrunitv: 23
• The right of forming federations by employers and Trade Union by Labourers.
• implied renewal of" fixed term Labour Contruct: Vide 52 . Vide Articles 69 & 70 .
AUI\;k 23
• Ir-rnunation (If contract and the relevant obugnuon of either par ty .. Article 53 • Stipulations under which a Trade Union may be established and conditions of
refer». . . 23 membership i.e of joining the same. Vide Article 7 [ .
 ...
• Prohibited ISSue,from whic h a Trade Union shall refrain. Article 73 refers . 28
• CHAP1ER II: Immigration and Labour Identity Cards .
• Procedure to be followed when forming Trade Union. Vide Article 74 . 28
• CHAP1ER III: Employment .
• The right of objection exercised by the ~stry. of Social Affairs & Labour
• CHAPTER IV: Employment Contract .
regarding formation of any Trade Union. Vide Article 75 .

• Registers and books to be kept by a Trade Union. Article 76 refers . 29 • CHAP1ER V: Employment of Juveniles . 40
• Dissolution ofa Trade Union - Article 77 refers . 29 • CHAPTER VI: Employment of Women . 40
• Established Penalties applicable to employers in the event of Te~na~g a
• CHAPTER VII: Wages. Increment Allowances, Incentive bonus, remunera-
labourer or inflicting out any penalty on him by a reason of a Trade Umon Issue. tions and commissions etc. .. .
Article 78 refers . 40
• Gratuities, In-return allowance and Profit sharing . 41
• The right of Trade Unions to form Trade Union Federations. The relevant
general conditions, the rights and obligations applicable. Articles 79 - 84 . 30 • CHAPTER VIII: Working hours & leave , . 42
• Federations of Employers. Vide Articles from 85 - 87 . 31 • CHAPTER IX: Labour Conditions . 42
• CHAPTER XIV: Conciliation and Arbitration of Collective Labour disputes . 31 • CHAPTER X: Labour Procedure and Penalties
• Collective labour disputes, stages of settlement Vide Article 88 . 31 • CHAPTER XI: Termination of employment contracts and' service terminal
indemnities . 43
• Authonzation of the Minister of Social Affairs & Labour to issue the rules
governing collective disputes. Vide Article 89
• CHAPTER XII: Compensation for labour accidents and profession diseases .... 43
• Employers joint committees and their pertinent Articles. Vide Article 90 . 32
• CHAPTER XIII: Organizations of labour and employers . 44
• Higher Advisory committee for Labour Affairs, and authorization of the
Minister' of Social Affairs & Labour to issue the relevant decisions and orders. • CHAPTER XIV: Collective labour Disputes Conciliation and Arbitration . 45
Vide Articles. 92 & 93 ' , . 32
• CHAPTER XV: General Provisions . 45
• CHAPTER XV: General Provisions . 32
• Executive revolutions and orders of Law application . 46
• Nullity and voidance of any provision contradictory to Law, save those which
are more benificial to a labourer. Vide Article 94 . 32 • Resolution No. 1 concerning the executives rules of Trade Union Organic
Statute . 46
• The Ministry's jurisdiction and right of inspection. Article 95 refers . 33
• Standard Rules of Trade Union Organic Statute . 47
• The labour case, the limitation of case institution, the manner and procedure of
its hearing. Vide Article 96 . 33 • Resolution No. 2 on Preliminary Measures concerning formation of Trade
Unions , . 55
• The procedure of punishment execution regarding an employer violating the
Law. Vide Article 97 . 33 • Resolution No.4, concerning the Standard Organic Statute of the Trade Union
Federations, and Kuwait General Trade Union Federation . S7
• Explanatory Memorandum on Private Sector Labour Law . 35
• Standard Organic Statute of Trade Union Federation . 58
• Introduction, development of labour relations, government intervention for
regulation of the labour relations, reference and source of the Law as well as the • Ministerial Resolution No.5, on the Preliminary Procedure to be followed for
legislative method . 35 formation of Trade Union Federations and Kuwait General Trade Union
Federation v' .••.••......•.••••••••••••.••••• 66
• CHAPTER I: The scope of the Law application . 38 • Ministerial Resolution No.6, organizing the Higher Advisory Committee of
Labour Affairs and its relevant procedure . 68
6
• Ministerial Resolution No.9 closing down Private Labour Employment and • Ministerial Resolution No. 52 of 1981, amending certain provrsions of
Labour Supply Offices . 70 Ministerial Resolution No. 51/1981 on Reconciliation of collective labour
disputes 118
• Ministerial Resolution No. 12, fixing fees for issue of labour - identity card for
non-Kuwaiti Labourers . 71 • Ministerial Resolution No. 54 of 1982, concerning labourers weekly-rest-day .... 119

• Ministerial Resolution No. 13, fixing labour-identity card renewal fee for • Ministerial Resolution No. 55 of 1982 on annual leaves with pay..................... 120
non-Kuwaiti Labours . 72
• Ministerial Resolution No. 56 of 1982, on precautionary measures for protection
• Ministerial Resolution No. 17 on occupational and Industrial diseases, including against machinery hazards...................................................................... 121
pertinent diseases caused thereby . 73

• Ministerial Resolution No. 23 of 1974, organizing the Procedure of medical • Ministerial Resolution No. 57 of 1982 on Protection against toxic hazards
arbitration in the event of Industrial accidents and occupational diseases . 85 resul tin g from benzo I ---- ------ ---- ----------------------- -------- ------ ------ --------------- ---- 123
• Ministerial Resolution No. 24 of 1975 forming the preparatory committee on • Ministerial Resolution No. 58 of 1982 constituting a committee to study the
accidents Protection Works . draft of the Private Sector Labour Law 126

• Ministerial Resolution No. 25 of 1975 on Juvenile Work . 89 • Ministerial Resolution No. 59 of 1982, adding a new Article to the Ministerial
• Ministerial Resolution No. 28 of 1976, defining the term "Night" . 91 Resolution No. 43 of 1979, concerning the precautionary measures to be
satisfied at the locations and sites of works for protection of labourers against
• Ministerial Resolution No. 30 of 1977 concerning the powers of the competent work hazards and occupational diseases 128
officials. supervising the implementation of the labour Laws and their executive
resolutions and rules . • Ministerial Resolution No. 60 of 1982, conerning issue of labour identity cards
to non-Kuwaiti Labourers 129
• Ministerial Resolution No. 35 of 1978, on entry permits to dangerous areas and
such other locations . 94 • Ministerial Resolution No. 61 of 1982, exacting (imposing) a general fee on the
applications forms of labour permits, declaration and undertaking.................. 131
• Ministerial Resolution No. 42 of 1979. constituting the standing committee for
coordination of work between the Ministries of Public Health and Social Affairs
95 • Ministerial Resolution No. 64 of 1982, organizing the issuance of labour identity
& Labour in the area of vocational safety and health .
cards to non-Kuwaiti labours 133

• Ministerial Resolution No. 43 of 1979, on standard measures and requirements

• Ministerial Resolution No. 65 of 1983, concerning the appointment of
to be satisfied at the places and sites of work for protection of labourers,
competent employees, entrusted with supervising the implementation of labour
Machinery installations and handled materials against the potential danger of
laws and their executive rules and regulations............................................. 135
work accidents, hazards to health and occupational diseases .
• Ministerial Resolution No. 66 of 1983, promulgating the table identifying the
• Ministerial Resolution No. 45 of 1979, concerning the Tables of safety standard
applicable percentage of disability cases in the event of labour accidents or
measurements and criteria at places and areas of work. 104
occupational diseases 137
• Ministerial Resolution No. 46 of 1979 on the powers of the officials delegated by • ~ni~terial Resolution No. 67 of 1983, amending the valid duration of labour
the Ministry of Public Health to supervise the implementation of Labour Laws Identity card in the Private Sector 155
with the relevant executive rules in the area of vocational health . 110
• ~n~sterial Resolution No. 68 of 1983, concerning the implementation of the
• Ministerial Resolution No. 49 of 1981, constituting the permenant committee Mimsterial Resolution No. 67 on amendment of the validity of the Private
for coordination of work between the Ministeries of Public Health, Social Sectot Labour Identity Card................................................................... 157
Affairs and Labour and Shuaiba Area Authority in the field of Safety and
Vocational Health . 112 • ~n~sterial Resolution No. 69 of 1983, on application of Article "6" of the
Mimsterial Resolution No. 64 of 1982 158
• Ministerial Resolution No. 51 of 1981, concerning the collective Labour Dispute
Reconciliation Committee . 115 • Ministerial Resolution No. 70 of 1983, concerning the enforcement of inspection
159
on Labour Permits --_______________________________________________________________________
8
 • Ministerial Resolution No, 71 of 1983 on labour identity cards for non-Kuwaiti
labourers in the Private Sector . 160
certificate, issued by the Public Institution for Social Security, duly conforming
their subscription to the said Institution including their Kuwaiti employees ..... 186
• Ministerial Resolution No. 72 of 1984, amending certain provisions of the
Ministerial Resolutions Nos. 60 & 64 of 1982 concerning issuance of labour Ministerial Resolution No. 87 of 1989, organizing the Private Sector Labour
identity cards for the Private Sector non-Kuawiti labourers . 161 Law . 187

• Ministerial Resolution No. 73 of 1984 enforcing the amendment specified in the • Ministerial Resolution No. 100 of 1993, amending certain provisions
Ministerial Resolution No. 72 of 1984, concerning labour-identity cards for of Ministerial Resolution No. 99 of 1993 organizing Private Sector
non-Kuwait labourers . 163 Labour . 195

• Ministerial Resolution No. 74 of 1984, on collection of labour identity card • Ministerial Resolution No. 101 of 1993, concerning financial Guaran-
164 tee of Private Sector Labourers and withdrawal there from . 197
revenue stamp value : .
• Ministerial Resolution No. 104 of 1993, concerning Private Sector
• Ministerial Resolution No. 75 of 1984, on reciprocal treatment of Gulf Overtime hours . 201
Cooperation Council Nationals as same as local citizens, regarding labour
dealings . 165 • Ministerial Resolution No. 110 of 1995. - Transfer of Salary to
Bank . 203
• Ministerial Resolution No. 76 of 1984, exacting a fee on labour statements
reproduced by the computer . 166 • Law No. 30 of 1995 amending certain provisions of Law No. 38 of
1964, concerning Private Sector Labour Law . 204
• Ministerial Resolution No. 77 of 1984, concerning issuance of labour identity
Decree No. 57 of 1996 repealing the operative provisions of Decree
cards to non-Kuwaiti labourers . 167
No. 221/93 setting up the Central Committee for handling Illegal
Residents 209
• Ministerial Resolution No. 78 of 1984, limiting issuance of labour identity cards
to certain labour sectors . 174 Decree No. 58 of 1996 setting up the executive committee for Illegal
Residents Affairs........................................................................... 210
• Ministerial Resolution No. 79 of 1984, obliging employers to present a
certificate from the Public Institution for Social Security. conforming the • Ministerial Resolution No. 115 of 1996, promulgating the Rules & Regulations
settlement of their subscription to the said institution . 176 Organizing the private newcomers recruitment 212

• A Circular No. 80 of 1984, addressed to all staff of labour departments . In • Ministerial Resolution No. 117 of 1997 - Transfer of Work Permit 219

• Law No.2 of 1997, amending certain provision of Law No. 38 of 1964 on Private
• Ministerial Resolution No. 81 of 1984, obliging employers concluding contracts
Sector Labour Law ... .. . . .. ... ... . .. .. . .. . ... . .. 221
with the Government to use Kuwait Airways Corporation flights, under a
certain procedure . 178 • Ministerial Resolution No. 119 of 1998 ,......................... 222

• Ministerial Resolution No. 82 of 1984, permitting domestic servants and the like • Ministerial Resolution No. 121 of 1998 224
to join work in the Private Sector . Ill)
• Ministerial Resolution No. 123 of 1999, amending certain provisions of Resolution
• Ministerial Resolution No. 83 of 1984, prohibiting issuance of labour permits to No. 106 of 1994 on organization of Private Sector Labour............ 225

III female labourers from the Republic of Bangladesh -------------------------------------- 181 • Ministerial Resolution No. 151 of 1999 reforming the Higher Advisory Committee
of Labour Affairs 228
• Ministerial Resolution No. 84 of 1985, appointing the competent officials.
concerned with 'the supervision of labour permits. with the Identifications of • Ministerial Resolution No.6 of2000 proclaiming the Kuwaiti Union of Owners of
their powers and responsibilities . 182 AdvertiSing Companies & Establishments...... 231

• Ministerial Resolution No. 85 of 1985 on employment of women at night --------- 184 • Ministerial Resolution NO.7 of2000 Proclaiming the Union of Companies &
Owners of Driving School Establishments . 232
• Ministerial Resolution No. 86 of 1986. obliging employers. deemed to be
beneficiaries under the Ministerial Resolution No. 77/84. to present a
10
• Ministerial Resolution No. 127 of2000 non Application of certain provisions of
Ministerial Resolution No. 123/99 . 233
FOREWORD
Ministerial Resolution No. 129 of2000 extending validity period of provisions of
Ministerial Resolution No. 12712000 234

• Ministerial Resolution No. 130 of2000 on the stay of execution of certain provisions
of Ministerial Resolution No. 123/99 , 235

• Ministerial Resolution No. 131 of2000 236 Our Dear Readers,

• Ministerial Resolution No. 132 of2000 on the establishments abided by the provisions
of the Private Sector Labour Law and all implementing Ministerial Resolutions
Thereof , . As legally authorized & sworn translators of Kuwait Government Gazette, we are
quite pleased to introduce to you our Twelfth Publication of New Amended
• Ministerial Resolution No. 136 of2001 issuing Work Permits 238 Kuwait Private Sector Labour Law No. 38 of 1964, together with its explanatory
memorandum & all relevant resolutions, covering pertinent provisions up to this
• Ministerial Resolution No. 44 of2001 amending certain provisions of the
year 1989.
Ministerial Resolution No. 51/1981 on the Collective Labour Disputes
Reconciliation Committee......................................................... 240
Really our main objective is to acquaint our English Readers with all legislations
• Ministerial Resolution No. 140 of200 I concerning stay of execution of certain of this beloved country, so that they will be well aware of the provisions, governing
provisions of the Ministerial Resolution No. 13512001 242 their relationship within the area of employment and business activities.

• 'Ministerial Resolution No. 141 of200 I concerning extension of execution of We hope that this book will serve its purpose and we always assure you of our
Ministerial Resolution No. 13912001 244 accurate translation services as we believe that your satisfaction is our profession.

• Ministerial Resolution No. 133 of2003 amending certain provisions of Ministerial

Resolution No. 144 of2001 246

• Ministerial Resolution No. 151 of 2004 248

• Administrative Resolution No. 156 of 2005 . 250 M.A. MURSI

252
MANAGER
• Ministerial Resolution No. 159 of 2006 .
TRANSLATION SERVICES
AL NAMA INTERNATIONAL
(NITAS)

12
 LAW NO. 38 OF 1964 CONCERNING LABOUR
IN PRIVATE SECTOR
WE JABER AL-AHMAD AL-JABER,
DEPUTY AMIR OF KUWAIT,
Having seen Articles 22, 61 & 65 of the Constitution; and
Labour Law for Private Sector of 1959, duly amended by the Amiri Decree
No. 43 of 1960 and Law No. 1 of 1961,
The National Assembly has ratified the Law of the following provisions,
which we do hereby approve and promulgate:-

CHAPTER 1
SCOPE OF LAW IMPLEMENTATION
ARTICLE J
The word «LABOURER" means every male or female worker and
employee, performing any manual or mental work in consideration for a wage
under supervision or order of an employer.

The word "EMPLOYER •• means every natural or judicial person having a

profession, or trade from the work he pursues and who employs labourers in
consideration for wages.
ARTICLE 2
The following categories shall not be subject to the applications of this law
provisions (save cases where othrwise provided).

a. Government staff and employees, governed by the civil public grades law
(Decree No. 7 of 1960).

b. Government labourers governed by the labour law of the Government Sector

(Law No. 18 of 1960).

c. Government Labourers contracted in accordance with the regulations pertain-

ing to employment of Indians and Pakistanis.

d. Labou~ers temporanjv employed in casual seasonal works nature of which not

exceeding a SIXmonth period.

e. Domestic servants and those having their status.

f't °hwnefirsof non-mechanical minor business concerns, normally employing less

an ve labourers.
g. Sea labourers.

CHAPTER II
MIGRATION AND WORK PERMIT
ARTICLE 3
Ia~mploye~s are prohibited from employing non-Kuwaiti labourers unless such
Mi . ers are m possession of valid work permits or are at least registered with the
DlStry of SocIal Affairs & Labour.
 . . I shall also apply to the labourers stated in
The provisions of this Artie ~ Article 2 hereof.
paragraphs b, c, d, e. f and g 0
ARTICLE 4
A work permit shall be issued under the following terms.-
1. The labourer must have entere d th e Country in a lawful manner.
2. The labourer should be a holder of a valid passport.
3. The labourer should have secured a restidence permit .
4. The labourer must be of good conduct and behaviour.
The work permit shall be issued against payment of a fee to be fixed by the
Ministry of Social Affairs & Labour.
ARTICLE 5
A work permit shall be. valid for a term of two years, .a~d r~n~:a~!~~;~:r'~
year. It shall, under no Circumstances, exceed the peno 0
authorized residence.
ARTICLE 6
The Ministry of Social Affairs & La?our shall have the right to cancel the
work permit in the event of the followmg:-
1. If the permit-holder failed to satisfy any of the terms stipulated in Article 4
hereof.
If it deems that the continuation of a permit-h<!lder in the work shall
2. ., . te with the national labourers \0 the labou.r mar~et.
p~~~~~;~~I~u~~~~ may not affect the labourer's right stipulated 10 Article-54
thereof.
3. If a permit-holder has been unemployed for at least a three month period.
ARTICLE 7
The Ministry of Social Affairs & Labour shall promulgate the regulating rules
for issuance of work permits and cards.
CHAPTER III
EMPLOYMENT
ARTICLE 8
I bo rers shall have the right to register with the Ministry of
Unemp Ioye d au. hi h f hi h I'
Social Affairs & Labour, or with any of its branches, Wit \0 t e scope 0 w IC ie
the residential localities of such labourers.
The Ministry shall endeavo.ur to ~I~ce these labourers in jobs and works
suitable to their age and technical efficiency.
6
ARTICLE 9
Any unemployed labourer may not be employed in any permanent job unless
he is registered with the Ministry of Social Affairs and Labour.
ARTICLE 10
Priority of employment shall be made in the following manner:-
1. A Kuwaiti labourer.
2. An Arab labourer, holding a work permit, or being registered with the Ministry
of Social Affairs & Labour.
3. A foreign labourer, holding a work permit, or being registered with the Ministry
of Social Affairs & Labour.
ARTICLE 11
Establishment of private profit-making employment offices or undertaking to
supply and exploit labourers is prohibited. Charitable Societies and trade unions
are excluded from such prohibition, provided that a permit covering the
establishment of their own employment offices is obtained, and that they render
such services free of charge.
CHAPTER IV
CONTRACTS
ARTICLE 12
Employment of a labourer shall be made under a contract in writing or verbal
showing in particular the date of appointment, the value of relevant wage, the
term of contract, if fixed and the nature of the job. In the event of a verbal
contract, the labourer or employer may prove his right by all evidential methods.
ARTICLE 13
A contract mayor may not be made for a fixed term. In case the term of the
contract is fixed, it shall not exceed five years, even though a contract may be
renewed upon expiry.
ARTICLE 14
l
. Ald Cobntracts, as well as correspondence, circulars, bulletins and regulations
ISSue y the employers to his labourers, shall be made in Arabic.
A b~ transl~tion in any other language may be added, with consideration that the
ra IC text IS confirmed to legally prevail in the event of any dispute.
ARTICLE 15
tre:::
tbe If f an employer entrusts another with performing any of his work or part
, the latter shall, with regard to all relevant rights, maintain ,,,.1 equal
ent between his labourers and the employers' labourers (within the limits of
.llIn?UnlS due to the latter employer from the original employer). For
tlon of the provisions of this article. the following shall be observed:-
1. The work entrusted must be one of the original works carried on by the ARTICLE 22
employer.
The juveniles maximum hours of work shall be six hours a day, provided they
2. The work entrusted must be in the area of original works carried on by the are not made to work for more than four hours consecutively, which shall be
followed by at least one hour rest break.
employer.

ARTICLE 16
CHAPTER VI
The labourer's probation period shall be fixed in the service co~tract, EMPLOYMENT OF WOMEN
provided that it shall not exceed 100 days. The e~ployer. shall have th~ nght.t0
terminate the services of the labourer without nonce dunng such a penod, with ARTICLE 2J
payment of his' relevant indemnity in accordance with Article 54.
~om~n ~ay not be ~mployed at night, with exception of private clinics and
A labourer may not be engaged on probation by any single employer for more -other msntutrons, regarding works of which a decision shall be issued b th
Ministry of Social Affairs & Labour. y e
than one time.
ARTICLE 24
Employm.ent of. women .i~ industries or trades dangerous and harmful to
CHAPTER V health, regarding w~l~h a decision shall be issued by the Ministry of Social Affairs
EMPLOYMENT OF JUVENILES & Labour, IS prohibited.
ARTICLE 17 ARTICLE 25
«JUVENILES» as in the provisions of this law means every male or female A pregnant woman shall b~ entitled to a maximum leave of 30 days prior to
completed 14 years but not yet passed 18 years of age. confine!"ent and 40 days following confinement with full pay. A female labourer
may, without pay and af~er such a period. not report to duty for a maximum term
ARTICLE 18 of one hundred co~seculJve(~r non-consecutive day. in the event of any sickness,
Employment of either sex under 14 years of age is prohibited. proved ~y a medical certificate to be occurel!' ~ a result of gestation a d
parnuranon. n
ARTICLE 19
ARTICLE 26
Employment of Juveniles between 14 and 18 years of age may be made under
the following terms:- Annualle.a~e entitlements of a female labourer shall be forefeited if she made
use of the privileges secured under Article 25.
a. To obtain a permit from the Ministry of Social Affairs & Labour. ARTICLE 27
b. To be medically examined. prior to employment, and periodically thereafter. .A female labourer shall be granted a wage similar to that of a man if she
carnes out the same work.
c. To be employed in industries and trades other than those dangerous and
harmful to health. regarding which a decision shall be issued by the Ministry of
Social Affairs & Labour. CHAPTER VII
WAGES
ARTICLE 20
ARTICLE 28
The Ministry of Social Affairs & Labour may. for the purpose of
A wage means th b .
apprenticeship. employ a juvenile in any of the industries and trades provided for remunerations c . e. asic wage of labourer. plus every usual allowances
in paragraph (c) of Article 19 hereof. wages the last' lommls.slons. grants or periodical gratuties. Upon calculation of
his waDe on thsabary. paid to a labourer shall be considered. If a labourer receives
In such cases the following terms shall be observed:- e aSIS.of piec.e wor. k th e re Ievant estimate
averageD wage dul . shall be made on the
1. The juvenile should not be less than 14 years of age. months. y paid to him for the actual working days during the last three

2. He should be medically fit for such industry.

ARTICLE 29
]. Any measures and conditions. of which a decision relating to apprenticeship . Wages may be estimat d h
paid on a workin d e per our, w~ek. month or per piece. and shall be
may be issued. shall apply to him. t
IVation of t~ a'lal the place ~f.work In the legal currency in circulation with
e .0 OWing provisrons:
ARTICLE 21
A juvenile may not be employed at night. i.e , for sunset to sunrise. Italy rate labourers shall be id h .
.., pal t err wages at least once a month .
a) Optional dissolution: Committee, which shall be composed in the following manner i-
1. A person from the Higher Court of Appeal Department, duly appointed every
The funds of the Trade Union shall be liquidate~ under a resolution ~assed by year by the General Assembly of the said Court.
the General Assembly in accordance with the Organic Statu~e,and the Ministry of
Social Affairs and Labour shall be notified accordingly, within a week from the 2. A Chief Prosecutor to be assigned by the Prosecutor General.
date on which the dissolution's decision was passed.
3. A repres~ntative from the Ministry of Social Affairs & Labour to be a . t d
b) Compulsory Dissolution: by the Minister of the said Ministry. The employer or his repre'sentativ~~~~nt~is
purpos~, and the representatives of the labourers may appear before the
By institution of a legal action brought the Court of First. Insta~ce by the Committee, provided that the representatives of either party shall not b
Ministry of Social Affairs & Labour for the purpose of rendenng a Judgement than three. e more
dissolving the Trade Union if it committed any acts deemed to be contradictory to
the provisions of the Law and the Laws relating to the preservation of the public
The. decision of the said Committee shall be conclusive and bindin b h
order and moral. The said Court judgement may be appealed within thirty days parties. g on ot
from the date of its pronouncement before the Court of Appeal whose judgement
shall be final.
ARTICLE 89
The funds of the Trade Union after liquidation shall, in all cases, be handed . Th~ Ministry of Social Affairs & Labour shall issue all decisions. rules and
over to the Ministry of Social Affairs & Labour. inst ructions regulating the procedure provided for in the preceding Article.

ARTICLE 78 ARTICLE 90
Any employer or his agent shall be punished by the penalties provided for The Employers and labourer~ may., among themselves, form loint Commit-
under Article 97 Kuwait Labour Law if he or his agent terminates or inflicts out te~~. for the purpose of cooperating With each other in settlement of disputes,
any penalty of a Labourer for the purpose of forcing him to join, refrain from raismg the SOCialstandard of labourers. orga~lzlng labour services, identifying the
joining or to withdraw from any Trade Union or as a result of performing any rates of wages and r~lsmg up the production, together with any other issues
concermng both parties.
functions of a Trade Union or implementing its legal resolutions.

Such Committees may be established in every single firm or at the level of

ARTICLE 79 Industry.

Any Trade Unions constituted in accordance with this Law may form among
themselves Trade Unions Federations to take care of their mutual interests. ARTICLE 91
provided that such Federations of Trade Unions shall include only the Trade
Unions of the same profession. or the same industry or industries participating in bi Eyery Joint Committee shall have constructional regulations identifying its
producing the same or similar type of commodities. ~ol~chv~s, the ~anner of Its compo~ition and the procedure to be followed for
re . 109 Its meetlng~ and adopt 109 Its resolutions. These Committees shall be
gTe~ed at the Ministry of Social Affairs & Labour in accordance with the
reso unons Issued by the Ministry in this respect.
ARTICLE 80
The Trade Unions and Federations constituted in accordance with the Law ARTICLE 92
may form among themselves a General Federation of Trade Unions. but not more A H' .
includin igher AdvI~ory Committee. ~or Labour Affairs shall be com osed,
than one single Federation of Trade Unions may be constituted throughout the
concern gdrep~esentatlves from the Ministry of Social Affairs and Labour Pother
State. shaJl bee re~lnIS~~TleS and the representatives of the employers and labou;ers. It
amendmentf.°nsl Ie for advising on the labour legislations and their relevant
ARTICLE 81
The constitution and dissolution of the Trade Unions Federations and the ARTICLE 93
General Federation of the Trade Union shall be subject to the provisions of this
The Ministry of So . I Affai & Labour shall i
Law duly governing the formation and dissolution of the Trade Union. which shall regulating its ap I' bl cia airs a our shall Issue the decisions and rules
puca e procedure.
also have all rights and obligations applicahle thereto.

ARTICLE 82 CHAPTER XV
GENERAL PROVISIONS
The Trade Union Federation' and the General Federation of Trade Unions
shall conduct their business in accordance with their Organic Stautes. which in ARTICLE 94
particular shall specify the rules required to he follo~ed ~or representation (If the
Trade Unions or the organized Trade Union Federation 10 the General Assembly
Any stipulation made In an individual or co IIective labour contract in
 . tions ayable by the Trade Unions contravention with the provisions of this Law shall be considered null & void even
and the Executive Board. The annual subscnp I .J'
.
and the Federations shall also b e SpeCIified therein- if it wasconcluded prior to the implementation of this Law, unless such stipulation
is more beneficial to the labourer.
ARTICLE 83 ARTICLE 95
. F deration shall notify the Ministry
The Executive Board )f Trade Union °hr e. its centre within a week from The competent officials of the Ministry of Social Affairs & Labour shall have
of Social Affairs & Labour in the event of c angmg I the right of industrial inspection and the right of supervising the execution of the
the date of such change. Law and its implementing decisions and regulations. Consequently, they shall
have the right to examine the records and books provided for hereof and demand
ARTICLE 84 any data required from the employers or their agents.
. . G I Federation of Trade Unions
The Trade Unions Federations and the e~era d Union Federations if
ARTICLE 96
shall have the right. t~ join any Ar~\o~ In~e~natl~n;!J::atfons, provided that the
they deem that their interests are h~ e V:f~tdsu~h' a maximum period of a week 1) Any cases filed by the labourers in accordance with the provisions of this Law
Ministry of Social Affairs & Labour IS not I re ~I m d . shall be exempted from the relevant fees, and shall be heard in a summary
from the date of receiving their acceptance in such Fe erations.
manner. Such cases may not be heard after a lapse of one year from the expiry
date of the relevant contract. In the event of rejecting the case, the Court may
ARTICLE 85 render judgement against the plaintiff to pay all or part of the relevant
expenses.
Employers shall ~ave th~ ~ight to form F e d era tions
I for the purpose of
organizing and defending their interests.
2) The labourer shall submit a pertinent application to the Ministry of Social
Affairs & Labour prior to the lawsuit. The said Ministry shall then call both
ARTICLE 86
parties of the dispute and take the measures required for settling the dispute
The Federatior. of Employers may not be constituted if the number of its amicably between them. In case no amicable settlement is reached, the
founder-members is less than ten. Ministry of Social Affairs & Labour shall, within two weeks from the date of
receiving the labourer's application refer the dispute to the Court of First
ARTICLE 87 Instance. Such reference shall be accompanied by a memorandum, covering
the summary of the dispute, pleas & evidence of either party and the comments
d I' ting to the formation of the Employers' Federations, the made by the Ministry. The Clerical Section of the Court shall, within three days
The proce ,ures r~ a I. the relevant control and joining of any Arab or from the date of receipt of the application by the Court, fix a date for hearing
conduct. of thelfdbusl.nes~, hall be sub]' ect to the provisions govermng the the case, of which both the labourer and employer shall be notified. The Court
International Fe erauons sa. .
organization of Trade Unions and Federations. may call the person who has drawn the memorandum submitted by the Ministry
of Social Affairs & Labour for clarification of the contents specified therein.
CHAPTER XIV ARTICLE 97
CONCILIATION & ARBITRATION OF COLLECTIVE
Without prejudice to any penalty provided for in other Laws or inflicted
LABOUR DISPUTES out under judgements passed by Courts of Law, any person contravenes the
ARTICLE 88 proVlS~ons of this Law and its implementing resolutions shall be punished in the
follOWing manner:-
dis ute arises between the employer and aillor part of his
labo!~e~~~e~:~~~n~"ihe ~~ms of work, they shall abide by the following procedure a) The ,offender shall be served with a notice for rectifying the contravention
for settlement of such ~Ispute. Within a period fixed by the Ministry.

1st: Direct negotiation bet.ween ~h~a~:~I~Y:~~:~:; ~;:e:!~~tti~:

~;:c~~~
labourers or their r~pre~en~at;~~~ ~egistered at the ministry of Social Affairs &
b)If the COnt
oft
Dl,:~r
" if d .
raventJOn IS not recti ie Within the period fixed by the Ministry, the
shall be fined three Dinars (KD 3/-), and the said fine shall be
tiplied by the number of the labourers involved in the contravention.
between t~e .two parties, Itfs a th d: te of its signing, in conformity with the
Labour within seven days rom . ~ a c) If the CIOnt '. .
procedure determined by the Ministry. ~raventlon IS not rectified after infliction of the penalty provided for in
fiDeib8ii'~•• b» th~r~of, the offender shall be fined Five Dinars (KD 5/-) and the
. d between the two parties to settle their dispute be multlphed by the number of the labourers involved in the violation,
2nd: If no.ag.reeme~t IS reache th arties may submit in person or through a
through negouauons. either or~? . t p f Social Affairs & Labour in an attempt
representative a request to the rms ry 0
to settle the dispute.
ARTICLE 98
. . . Affairs & Labour fails to settle the dispute within Law shall supersede the Private Sector Labour Law of 1959 and the
3rd: If the Ministry of SOCial ittin such a request, the dispute, at the end No. 43 of 1960 and Law No.1 of 1961, promulgating some of its
(15) fifteen days f.rom the dllate of sutml d ~o the Labour Disputes Arbitration well as all peninent decisions issued.
of the said penod, sha eb re erre
"~ 1~
 · . .' 'sdiction shall implement this Law, which
The Ministers, each wlthm .hls J~~lication in the Official Gazette, and t~e
EXPLANATORY MEMORANDUM ON PRIVATE
shall be operative the date of Its Phil .ssue the resolutions pertinent to Its SECTOR LABOUR LAW
Minister of Social Affairs & Labour s a I
implementation.

INTRODUCTION

DEVELOPMENT OF LABOUR RELATIONS:-

DEPUTY AMIR OF KUWAIT
Jaber AI-Ahmad AI-Jaber. The history of Kuwait Labour relations is indivisible and an integral part of
the Socio-economic relations of the Kuwait Society i.e. the Guild relations; which
dominated the Kuwaiti society up to the fourth decade of the current century were
clearly reflected on the pearl diving and carriage by sea profession. A particular
labour system, identifying the retirement method, wage fixing (by shares), labour
Issued on 22nd Rabi Awal, 1384 A.H. procedure, ter.mination of service and dis~~tes settlement was accompanying the
Corresponding to 1st August, 1964 A.D. aforesaid relations. The owner of a pearl diving or a carnage boat used to engage a
number of seamen (crew) personally selected by him, provided that they were not
bound by previous contracts or old debts to a third party, and every said crew
member is in possession of a valid document proving the same which is called
(AL-BARW AH) «clearance certificate.» Immediately upon joining the crew of
the boat, the relevant wage of share of the worker used to be fixed according to his
occupation or position in conformity with the trade grades. The skipper of the boat
(AL-NUKHADAH) had the right to apply all means deemed appropriate within
the limits of customs and traditions for running the work on board, maintaining
order and inflicting any penalties required. All the disputes arising between the
skipper and his crew used to be settled in conformity with the traditional practice
valid during that time. The citizens conventionally used to form from among
themselves a small penal for the purpose of settling any problems occurred.

The said penal included certain people, who were well aware of the profession
secrets and principles, duly called the people of equity.

Upon discovery of oil and the start of its huge production, the pearl fishing
and sea-gOing trade diminished, a result of which the vocational labour relations
complet~ly.disappeared and were superseded by new relations, not dominated by
~e r~~ctlons of vocational traditions but clearly distinguished by the individual
argalnlng system between the employer and labourer for fixing the relevant

an:
:ages, ~orlung.hours and the contracting conditions, as agreed upon between the

Wbic:
partJes.
ther ~e. said new relations were clearly retlected by Kuwait Oil Company
butldmg and construction firms carried on their activities in Kuwait,
gove managed to keep pace with the new rise and development, as well as the
ind.~ent departments which expanded their activities and enterprises to
~ all economic fields of the state.

~~U MENT INTERVENTION FOR REGULATION OF THE

-.au R RELATIONS
~~ recent labour relations did not remain for long away from organisation
gove-:nme!'t. For the purpose of identifying the steps taken by the
-...n.!.
~t~s res~t. we must take into consideration every labour force
-:-r::!._
-.urs,
In Kuwaat. However. the said labour force may be divided into
as follows:

nt Sector which includes the labourers of government

departments.
 Znd. The Private Sector which includes the labourers, of oil. national comIJanies.
business men and private enterprises of Kuwait nationals and foreigners.
REFERENCE & SOURCE OF THE, LAW
, ,In the Kuwait La?our Law, as stated, fundamentally aims at laying down the
The Public Sector labour relations did remain remote from any substantial nuOlumum terms required for the protection of labourers in their dealings with the
organisation until July 1955 when the Government labourers cadre ~as, prom- employers, then what is the criterion under which such a minimum limit shall be
ulgated, under which the said relations were subject to fundamental principles in determined, to the extent it is reasonable and conforming with the cases
dealing, duly covering labour employment ~ondl~lons at th,e government d~part- dominating the state?
ments during that time, together with c1asslflc~tron of thel.r grades according to
competency and technical efficiency, The question of wor~rng hours. all ~ypes of To answer this question. we must clarify the original sources of the law and
leaves. accidents compensations, terminal services. indemnities and penalties were the principles which shall be referred to in every article thereof. The most
also taken into consideration, fundamental reference of which are as follows:-

In 19-55, circular No.9 was issued. the covering the retired labourers and Ist=Prevailing Labour Conditions
employees from India, Pakistan and Goa. which was amended in Januar~ 1957 to
include the classification of the said employees. as well as the rates of their wages. Howev~r, the most fundamental source of Kuwait Labour Law was the group
leaves and the forms of contracts prepared to be concluded with them at their of studies and researchers conducted by the department of Social Affairs in
domiciles, 1955 in the .C!:rea?f labour relations at home. The said study covered the
labour conditions 10 the governmental departments. as well as in about 100
In 1960 the Government Sector Labour Law. currently applicable. was local private,companies, The said structure had revealed the general nature of
promulgated duly covering the labour force in the PubliC: Sector, As for t~e, Private labour relations and the relevant conditions for drafting the government
Sector, the labour force remained to be subject to Individual bargaining and labour cadre in 1':J55,
contracting which did not undertake. in most cases. to cover anything else except
the conditions determined by the employer. or in some cases had to be effected by 2nd=Conditiuns or work in the oil industry
the usage of the profession practiced by the labourer.
The second source of Kuwait Labour Law reference is the work conditions in
the Petrol Industry. and the most important document in this area is the
"EMPLOYMENT HAND BOOK" of Kuwait Oil Company. The said Hand
NEED FOR ORGANISING THE PRIVATE SECTOR LABOUR Book covers the Company Labour conditions pertinent to classification of
RELATIONS workers or jobs, retired labourers. descipline, termination of services,
compensations. working .hours. ~ages. i?crements. vocational training.
As the question of the Private Sector Labour relations should not be left leav~s, SOCial care, medical service. accidents precautionary measures,
in-organised, particularly that the growth of such relations would be affected by housing, and such other detailed issues relating to the labour terms and
complexity and non-stability by the lap~e. of time, a dire need had urg,ed the conditions in the Company,
promulgation of a labour law to be beneficial to both the Private Companies and
labourers, covering the said Sector and establishing the fundamental n~les u,nder Te ~e said stu~y was completed by the report drafted in October 1956 by a
which the labour relations should be organised. Consequently the said Private La:mcal Committee from the Departm~~t of the Ministry of SOCial Affairs and
Sector Labour Law was promulgated in 1959; and the legislator realised the ':Ir, duly covermg the labour conditions In Ahmadi area, The said report
necessity of identifying the minimum terms essential for the prot~ction of ~:!~i~ed.a detailed study for tw,o issues of great significance i.e. the question of
labourers included within the scope of its application, besides the protection of the wo k ~II Company ~elatlOns With the Contractors of labourers & contractors of
employers interests. The said law covers the deali~g rules relati~g to lab?ur set:li' t ,en. t~e question of penalties inflicted on labourers and the means of
contracts, immigration, wages, leaves, cornpensations and service terml~al ng mdlvldual complaints in the areas,
indemnities, The said rules are made for protecting the labourer and secunng
stability in the relation existing between him and the employer. 3rd=Arab labour legislation comparative studies

I II
On the other hand the law secures the rights of the employer towards his COrn Upo~ drafti~g the Kuwait Labour law we did rely on labour relation
labourers regarding the measures ,
taken to sec,ure t~e maximum I"Im.lts of cou.r.a~ahve studies applicable in a number of Arab Countries specially such
production and order at the place of the employer s business, besides puttlOg,an kuw ~es of economical and industrial circumstances similar to those of
end to any unfair competition between the employers who used to provide di"eall, besides taking into consideration the rates of similarity and their
&I' rences. For this Pd' , .
inducing terms of employment for their labourers and consequently bear draft. Leb ' urpose, we ~,a e use of Bahram Labour Law original
additional expenses, and the employers who stick to different or oppressive terms in Liby nd Ir & SYTIa Labour unified law and the draft of unifed labour law
of employment with their labourers, a an raq, as well as some legislations of the United Arab Republic,

In 163 after a lapse of four years, since the ~romulgation of th~ Privat~ ~ecto~ lions or Arab League and international labour agreements
labour and its enforcement, the legislator reahsed that h~ was 10 a posiuon t
revise the Articles of the said law due ~o the change of the clfcumstan~es for Whl~~ ding such reco •..• d ' , ,
A b ' millen at IOns we mean the labour legislations
the law was drafted to deal with during that time, so as to cope With the rap . r: Social Studies syposiums in addition to 1956 Arab States
progress of the society. Ion Committee Report which contained the minimum
 standard of the provisions to be covered by the law in the Arab States, The
j(:~ u,nder the super,vision or orders of the employer and the second pays the
said report was one of the most fundamental and ,acc~rate works o! the Ar,ab
re evant remuneration. Therefore persons wh "
League as it was drafted on the basis of labour legislation comparative studies
in the entire Arab Countries in the light of the international agreements and
ac~o~~t ~)fa t~ird party. without b~ing und~r hi:)s~~~r:Vi~i~tna0 o;::~ 7 !~~~~~
recommendations, duly issued by the Internation~1 Labour Organisation. t,the'I relationship
' ,I h eXIsting between an engineer and the~ ow ner 0 f a b UIildimg or a
I al or anu I" t e owner of the clothes . shall
. not be' InC,.uue
1 d iin t h e scope of this
The said report specified the minimum standard ~hlch should be observed !n
aw app rcation. The Law excepts from its rovisions I ' I.
the Labour Legislations, particularly those relating to the I~bour con~rac,t I~~
which agreed in most of the civilized wunt~es to exe~~/ :~~~ea~~;f?~nr~
conditions as well as protection of labourers, trade umon, org,amzatlO,n,
employees and workers subject to the government servic . I' '" icra s.
dispute settlement, collective negotiation, Employment, Immigration, social
casual labourers carrying out temporary johs, execu~ion o~ :~~ha~h:~11 as
securities administration & technical system of labour affairs, exceed SIX months, the domestic savants and like " b id not
work' n ' b " . WIse, eSI e labourers
I g In usrncs» concerns not mechanically ope . t .1 if: h
From all such sources, we managed to reach drafting the articles of this ' , .' -II"'" ra eu I t ey are less than
fivc. . ,IS we as sed-workers . who are~ meant to be'- (Iff'Icers 0 f sea-vessel' th .
Law which is deemed to be representing «the minimum reasonable limit» of
engl~eers and seamen, relationship of whom is supposed to be . s, d err
Kuwait Labour terms, Nevertheless, we must indicate herein that the aid ''''I'11 I'IW S .h "
.sP
. ~~. ,I .• '.u<: catcgunes' are limitutively
,. ,Id' " s ,'f'
spec
governe ' by
I Ie d' In t h e relevant article
, minimum limit shall not affect any higher labour terms thereof which were
uno no au rnon or relative comparison " shall b . d
e ma e t ereto. h '
granted by all or some employers to their labourers within the past few years,
nor such a minimum limit shall prevent the employers in future from going
beyond it whether at their own discretion or as a result of individual or
collective negotiations with their labourers,
CHAPTER II
However, the law after its promulgation shall not permit any action or
IMMIGRATION & LABOUR-IDENTITY CARDS
attempt to abate the labour terms below the standard designed for such terms
in every article thereof, But the principle which shall prevail is that there is no , .. , :h~ ,purl?ose of the legislator, from the inclusion of this chapt r.. t
objection to contravene the law as long as such contravention shall result in ~ssess t e enure number of foreign labourers and organize their . er .'s. 0
more benefits to the labourers, ;1~:r::mTPh'OY.~.t:d'n~ht~roughreg~strationand issuance of labour idle~~fmy~~~~~~~
. e S,I\ <: upter hIS stipulated th t .f ' .
THE LEGISLATIVE METHOD:: ~n~ obtaining the labour id~ntity card. t~g;tr::::; ~~~:r;:.~I~~7(~dth~ ,~~reif.~~rs
an the relevant terms of cancellation. 0 I S va I ity
The Arab States followed two different methods in preparing labour
legislations. Some of them resorted to draft separate laws each covers a
certain labour topic. such as individual labour contract, indemnification for CHAPRTER III
accidents, women and juvenile employment etc. Such laws were issued to the
extent that the Industrial & Labour Development circumstances may
EMPLOYMENT
necessitate.
Some other Arab resorted to the promulgation of a Unified Labour The organisation of ernploym t i .dee d
Law. Thus the states followed the first method started to divert in the late the part of providing a fit lahl~~rel; f~~~e . t<'>t.b~,Of ~rbeat importance on
governmental supervision over e I ,I :>UIa e JO . No doubt the
years to the Unified Law legislation, as Iraq, Jordan and United Arab
up the labour efficiency in gen:~1 o~m~nt shall adequately assist in raising
Republic did. acuteness of unem 10 .ra ,an meanwhile reduces not only the
Furthermore. it is ~o~~~e~~' t~~~tla~emto~tcas~s nea~ly ext.erminate the same.
While the view of those following the method pertinent to drafting
menr necessitate that no lahou;er Sha~,a~ estab~lshlng pnonues for employ-
separate laws is that the legislator may have a chance to upgrade the labour
~nder the knowledge of the Em I e ~ng~ged by an employer except
legislation, the followers of the method relating to the promulgation of a I at no amount of mone h: p oyment epartment In general, besides
unified labour law, believe that they could manage to gradually step With the employment or keeping hi~ j~b~" be taken from any labourer for his
articles of the unified law. besides assuming that such articles shall cover all
questions within the scope of labour relations,
CHAPTER IV
In fact, we prefer the method of the Unified Labour Legislation for
promulgating this Law, as it secures inclusiveness and easy reference for th~
competent officers whenever they re!er to i~s provisions in the event 0 CONTRACTS
ar~lir:>ti0n. The law covers ninety eight articles. There is no s . I f
COntract. Howeveiei~~ orrn of contract!ng to be stipulated in the labour
labourer to establi'shed h~, ev~nht ofbno wntten contract. the law permits the
CHAPTER 1 IS ng t y all means of evidence
A .
. ny persons entrust d b h
THE SCOPE OF THE LAW APPLICATION WOrks are bo d y t e e'!'ployer to carry out any part of his
between the~n I ;::der Article 15 hereof to maintain an equal
A broad definition was made in the contents of this Chapter to identifY
discriminal:~ a, urers and those. of such employer in order to
the terms "LABOURER & EMPLOYER» the first undertakes to carry ollt' n m treatment which may cause rancour. For
 realization of this objective the said article stipulates that the original INCENTIVE REMUNERATION:
employer is jointly responsible with those persons.
effo~t :!e~~e~~ou~~o~~oney payable to the labourer in consideration of any
This chapter specifies in its last article the question of probation, with a idi I Y I~h results In reducing the expenses, increasing profit
limit for the employer to execise such a right where a peno~ not exce.edlng aVOI mg osses or regulating the process of work. '
100 (one hundred) days is fixed for such purpose. Th~ said perto~ IS n?t
supposed to be existing in every contract but most be stipulated explicitly In
COMMISSION:
the employment contract.
It ~enotes a re-compensation payable in a form of pcrcenta e for
CHAPTER V transactIons executed by the labourer. . Therefore , thee ccommission
r., . g
granted the
to the
pc ddl ers, can~as~ers and commercial representatives shall be deemed to be an
integral and indivisble part of the relevant wage.
EMPLOYMENT OF JUVENILES
This chapter regulates the employment of juveniles and observes that BONUS:
they shall be employed after the age of 14 (fourteen) for the purpose of
attaining a suitable education. The provisions thereof protect any juveniles It denotes an amount payable to the labourer in addition to his wa e T
interested in learning a profession or trade and meanwhile organize their payment of such allowance shall be made either to all labourers 'th g . .he
r to a certain th f WI out excepnon
training in a manner securing their rights within the scope of the civilized
states and the agreements of the International Labour Organization.
O ••.• group
specific characteristics.
ereo as a whole regardless of any s ecla
The said bonus shall become co
form of obligation if it has been stipulated in the labour :~~r!~?
r
. I ffici
e ICI~ncy or
t~~db t~~:st~~
the firms or payable under usage ever) year at the same amount regularly.
CHAPTER VI
GRATUITY
EMPLOYMENT OF WOMEN
It denotes those amounts payable by a business concern clients tn the
Regarding the provisions of this chapter the legislator observed that they
shall be consistant with the relevant environment, traditions and the :r~~~~tt:~~~~~s a~~~e;;~~~ ~~~~s~ae;:~~~nb~ft~~Yb~~fnde~~~~~~~i~~ri~~'t;:~~
prevailing usage. Consequently, he secured more protection and care for the bill or ~:u~mplo'yer. Or!g!nally It IS optional if the employer adds the same to the
working woman, besides realizing the facilites and possibilities required to that it beco~~rs Ianclasejlt IbsI~ay~ble under usage in some profession to the extent
assist her in concerting between her home and labour responsibilities. ega 0 iganon,

The wisdom of the legislator' ideri .

CHAPTER VII wage is based on the fact t IS CO~SI enng the ~ratlUty as a wage or part of a
of estimating the basic :a~et.he gratuity was taken Into consideration at the time
WAGES
Those are the cases the I . I t d
The legislator observed the indentification of the labourer's wage in a wage in the labour law which egis nsid: eemed app.ropriate to add to the basic
non-ambiguous manner as the protection of wages is one of the fundamental wage. However there are are consi ered to be an integral part of the labourer's
principles in any labour legislation aiming to establish good industrial shall specify a~d treat re mo~: aspehct~ not a(>proached by the legislator which we
gar 109 t err relation to wage i.e.
relations between the labourer and the employer. The legislator meant to
protect the wage and secure its non-declination by drafting certain pertine~t IN RETURN ALLOWANCE:
provisions considered to be some of the recent labour legislation laid down '.0
this respect. In application of this law provisions a wage means th~ b~S'~ Any earnings attained bib .
ca ~rfonnance of labour whi h ~ aha ou.rer relating to a reason shown in the
remuneration payable to a labourer during his work, plus any penodl With the relevant cases be IC IS t e subject of the contract shall in accordance
allowance, increment, commission, bonus or gratuity. Article 28 thereoJ
DO. peninent reason is ~ho~on.sld~red as a wage or duly added to the wage In case
stipulates that the following amounts are deemed to be an integral an
indivisible part of the wage:
i:!:' Con~quently, it shal~ ~~ttbe labo':'dr performance, such a manner ~hall not
" ever, If we consider the i e consi ered as a wage or added to the wage
Ill fact a . b e In-return allowa h b . .
of d rea,m ursement for the n~ on sue asrs, we realize that it is
pe OOlung the relevant la expenses sustained by the labourer for the pu se
INCREMENT ALLOWANCE: ~ the said allowanc~~r h such as tra.nsport, and travelling allowance'::c.
It denotes an increment.given to a labourer. for s~cial c~ns~deratio.n: suc~~ er, and consequent! a . no~ be paid m return of the work performed by
y It s all not be Included in his wage.
his seniority, cost of living nse or mcrease of his family obligations. Glvl~g sIb'
allowance to a labourer shall, on the part of the employer, confirm increaSIng SIIARING:
labourer's wage, and its receipt by the labourer shall indicate his accepta
Consequently the amendent of the relevant cc;>ntract shall be made between t. Whereby the I bo
in such a manner which shall become inevitable to honour by both part ••••••••·ion of its a. ~~er shall be concerned with the success of the
actiVIties through giving him a part of the profit
realized. The said share of profit shall be determined by an agreement cO'.lcluded
between the employer and the labourer, whereby the employer shall be 1.lable to
pay to the labourer over and above his wage a fixed percen~age C?fprofit under
which the labourer shall not be deemed to be a partner, nor his entitlement under
such a profit-sharing shall be considered as ~ donation, but a wage. ~us this wage
as constituting the labourer's share in profit as proved .to be ~n a.ddltlOnal wage,
having a probable capacity which shall have no ~ffect In apphcatl.on of the. wage
provisions thereupon. Therefore the profit sharing shall not be Included In the
labourer's wage.
CHAPTER VIII
WORKING HOURS AND LEAVE
The law specified the actual working hours either .to be eight (8)ho~rs a day
or forty eight hours a week, excluding the intervals assigned for r~st.' i.e. It mea.ns
actual eight working hours. Article 33 thereof empowers the Minister .of Socl~1
Affairs & Labour to increase or decrease the said limit of working hours In certain
industries or works or with regard to specific categories of labourers according to
pertinent circumstances and exigences. Such expression denotes the additional
works of extra-ordinary nature as referred to in article 34 hereof i.e. the annual
stock-taking, preparation of the annual balance sheet, closing of account as w~l~ as
the preparation for season opening or reduction sale. In t.he event of not. abiding
by the daily labour hours, the law stipulates that an overtime shall be paid to the
labourer for the additional hours at the rate of his nominal wage plus 25%. The
additional hours shall mean the hours during which the labourer is asked in writing
to perform a task after the expiry of his fixed period or work.
Article 38 thereof provided for the fixed annual leave of the labourer. It is
observed in the labour conditions prevailing in the state that some of the labourers
request accumulating their annual leaves. However, the said article does not
expressly restrict the accumulation of the annual leave, but, we shall not proceed
on the enlargement of such a principle, therefore, it is sufficient to accumul~te the
annual leave for two years, provided that it shall be made in accordance WIth the
labourer's desire in writing.
CHAPTER IX
LABOUR CONDITIONS
The legislator observed the preservation of the. laboure~'s right to wo~k i~
good, fair conditions, as such a right has b~e.n provld.ed for ~~ the InternatIona
Charter of Human Rights. The care for providing certain conditions at the place 0
t the pen~~tl:c
work the medical examination of the labourer after his employment as well as. the
pertinent medical care and any thing required to. housing, drinking water, be~ldes
means of provisions and transport for the labourers, working in remote areas ~r
far away from building-constructions are governed by the provisions of thIS
chapter.
CHAFfER X
LABOURERS & PENALTIES
The labour rules enacted under la~ur legisl.ations are attempts to fin~
substitute for the personal labour relahons which used to prevail betW
42
labour~rs and employers operating small processing units prior to the recent
industnal development. Thus the said labour rules are proved to be an attempt for
the labour~r and employer to both feel as one family aiming for the achievement
of the society nse and realization of the public interest.
Any employer employing ten labourers or more shall be bound under Article
50 of this law to maintain a penalty list which may be inflicted on labourers
committing contravention in conformity with certain rules. It is understood that
the proceeds of such fines shall be deposited in a form of a fund to be assigned
every year for social aspects beneficial to labourers.
CHAPTER XI
TERMINA TION OF CONTRACT AND
SERVICE TERMINAL INDEMNITIES
If the labo.ur contract. is made for unfixed period, either contracting party
~hall.h~ve.the nght to terml.nate t~e contract at any time after notifying the other
IDwntmg ID a accordance With article 53 hereof. However, if the labour contract is
made f?r a fixed pe~iod, it shall ~e termin~ted spontaneously at the expiry of the
term WIthout necessity to a respite or notice as each of the contracting parties is
already aware of the relevant. conditi(;)fis and the wage agreed upon. However, in
the .event .of contract ~evocahon by either of the contracting parties, prior to the
expiry of l.ts term, while there are no stipulations therein dealing with the same,
the ~evok.lDg party s~~11 compensate the other for any damage sustained as
specified ID the provisrons of the aforesaid article.
Article 54 thereof stipulates the amount of indemnity payable to the labourer
upon the termination of his services with the employer whether the contract was
made. for a fixed or unfixe~ ~~iod. Consequently, the labourers indemnity shall
be paid as ~ron:' the date of jommg the work. If the labourer joined the work prior
to the appl~cahon of the labour law and its publication in the Official Gazette on
15.3.19~9,.m such a case he shall be entitled to the said indemnity as from the date
of pubhshmg the law in the Official Gazette on 15.3.1959.
.gh As prescribed in Article ~5 thereof, the legislator granted the employer the
~~ to discharge a labourer Without notice and without indemnity in specific nine
cases.WhlCh shall neither be exceeded nor ~e us~d as s!andard for measuring other
indi However, I?aragraph «2» of the said article stipulates that it is a must to
Prio~:t~he repetition of th.e labourer's violation to the employer's instructions
except. e ahProval of termination penalty without notice and without indemnity
case~ where the Ministry of Social Affairs & Labour believes that
case With y ISe~ntlal for th.e safety of labourers and the security of work as is the
certain t~garf to compames operating in oil and its derivatives or ope'rating in
Violation as \0 gases and drugs. Such cases shall not require the recurrence of
labo.h-er ~:e~urence even once may endanger the industry or the life of the
CHAPTER xn
SATION FOR LABOUR ACCIDENTS AND PROFES-
SION DISEASES
~~ ~int the ~abour law dealt. with. is the question of
r ahour accidents and profession diseases, occuring as a
 ------ ------------------ •••••••••••••• 2

result of performing their pertinent work~, The relevant arti,cle stipulates that a , ~very labo~rer lega,lIy entered the state and obtained a labour card from the
labourer shall not be entitled to compensatIOn for a labour accident or a profession Minsl,try of SOCial Affa~r~ & Labour whose age is over eighteen (18) years is
disease unless he proves that such accident or disease has ocurred as a result of
pe~Jtted by the I~~ to jom a trade union, but the right to elect or to be elected is
negligence on the part of the employer. Although such act shall not conform with wll,fin~d to Kuwaiti Labourers who shall form an Executive Board for the Trade
the labour legislations in the entire Arab States and most of the advanced Uruon 10 accordance With the Organic Statute which is left for the Trade Union to
legislations where Courts have developed in applying the omissive responsibility.
lay ~own, u,nder guidance ?f th~ standard form duly prepared by the Ministry of
various judgements were made on the legal basis of compensation; a case which Social Affairs & Labour 10 this respect, so as to act accordingly,
constituted the intervention of the legislator to enact certain rules to identify the
responsibility of the employer in relation to the potential danger of profession,
Consequently the legislator authorized a compensation for every labourer injured CHAPTER XIV
in a labour accident or a profession disease without asking the labourer to prove
the fault of the employer or his representative, unless the relevant accident has COLLECTIVE LABOUR DISPUTES CONCILIATION AND
occurred as a result of a gross malpractice intentionally made by the labourer or in
the event of injuring himself on purpose, provided that such injury shall not be
ARBITRATION
serious,
Whereas th~ o~ganisation of industrial relations is one of the substantial
Any express contravention of the precautionary measures which shall be matters u~n whlc~ IS b~sed the stabi,lity of fir!f1s and factories, thus this chapter
announced or circulated among labourers in a form of notice at the place of work has taken mto conslderat,lO~ the question of lay!ng d?wn certain special provisions
ar any action made by the labourer while he is drunk shall be deemed to be gross for t~e purpo~e of conciliation between the vanous mterests which may appear to
malpractice, Proving such act shall be the responsibility of the claimant. However. be dlff~rent ,With regard t? a labourers or employers' point of view, Certain articles
in the event of a serious injury as prescribed by the relevant article to be over a gover~mg direct ne~otlatlon between the employer or his agent and the labourers
quarter of the entire disability. the social justice shall necessitate taking care of or thelT, ~ep,resentatlve are sta~e~ therein to~ether with further provisions relating
such a labourer as well as his family after his death, to ~n~hallon ~hrough the MI~ls,try of SOCial Affairs & Labour, as well as those
As such rights most of small concerns fail to satisfy. the best remedy is to provssions pertment to conciliation through arbitration panels,
apply insurance against labour accidents. a case facilitating payment of the Furthermore, the law introduced the system of Joint Committees between
required compensation, However, the legislator realized that it is not necessary to Employers and labourers, ,duly based ,on the standard of industry, Consequently a
hold the employers responsible for insuring their labourers due to the different consultatIOn and coop~ratlOn system IS proved to be introduced between the two
nature of works in Kuwait, the fact of many sub-contractors and the difficulty of concerned parties which may secure stability and raise the productivity level.
making a detailed list identifying the type of works and industries which shall be CHAPTER XV
covered by such insurance, Even in the case of considering the application of these
provisions to industries and works where the labourer shall be exposed to more
danger, the legislator left that point so that the subject shall not be a question of GENERAL PROVISIONS
levying a public tax on employers for the benefit of insurance companies,
However, the said precautionary measures which are desirous to be made through the Arti~l~ 94 stipulates that any condition ,in a labour contract contradictory to
, trovISIO~S hereof shall be VOid, even 10 case of its existance prior to the
insurance for safety and security of labourers against the profession accidents and
:~ ement,allon of this law, unless such a condition is more beneficial to the
disease shall be left to the discretion of the employers themselves,
cont~rer. I.~ any, nghts and priviliges of more benefit to the labourer shall
pro~~~;a!?o 7
~a~~ here a ,labourer shall preserve his rights earned before the
CHAPTER XIII result of n 0 It IS aw, which shall by no means whatsoever be minimized as a
promu gatmg the same,
Due to the sound effect f h ind " ,
ORGANISATION OF LABOURERS & EMPLOYERS apPlying the labou I ' ,0 t e, I,n ustrial mspecnon system in the area of
POWer secun r egislation provrsrons, as such a system is proved to be the
f
The Law in this chapter takes into consideration those principles ~nd for its apPll'cnagt'oasa e application thereof where every public rule or law requires
I n certam tools and e t f II d ' "
provisions which conform with the International agreements, relating to the ngh~ Pi'Operly. therefore Article 96 ~es 0 0 ow up an watch ItS application
of trade union organisation, so as to deal with the labour problems, an, On h prescnbed a deep concern in this respect
t e otherhand urgent I ' '
meanwhile, raise the ideological, professional an~ ethic standard of labourers, ,It I~ ~er and labourer no do s~:t ernenr of any dispute existing between the
noticeable that there are other counter orgarusanons such as employer federalJ?n . tes the rules and proced u IS, far better, therefore, Article 96 thereof
which ai.n at cooperation with trade unions for harmonization of points of view • ure which shall lead to urgent settlement of labour
regarding various labour affairs, The said organisations have ,b~~ome as ?ne of the urthermore. the Kuwaiti Ie isla d ' ,
democratic principle semblances which are followed by CIVIlized nanons recent system appl' d ,g tor oes not fall to take IOtO consideration
legislation: Conse~~e~~ t~ a~ea of supervising the implementano-, of
The law made it easier for the same trade unions of firms to develop into 3 er notifying them t Y r~lcle 97 provides for pumshment of law
general trade union of an industry or pro fessi ' dIe h
essions an d meanwhile perrmtte bv the labou ,0 rectify the relevant violation within specific
same to form a single Trade Union Federation for the entire labourers of the slale. f r mspecto di
for its r ifi r, accor 109 to the nature of contravention
so as to keep pace with the industrial development of the state and manage t ecn ICatlon,
perform its duties towards its members, the relevant profession, IOdustrY
society in general.
 MINISTERIAL RESOLUTION NO. 1 CONCERNING STANDARD RULES OF TRADE UNION ORGANIC
STATUTE
THE EXECUTIVE RULES OF TRADE UNION ORGANIC STA-
TUTE CHAPTER I
FORMATION OF A TRADE UNION
Having perused Chapter 13 as well as Articles 1, 2, 97 and 98 of the Private
Sector Labour Law No. 38 of 1964, ARTICLE I
the following is hereby decided:- An Organised ~ody-Corporate in the name of a Trade Union is/was formed
on corresponding to 19 under Law No. 38 of 1964.
ARTICLE 1
ARTICLE 2
Trade Unions, in preparing the by-laws of their Organic Statutes, shall be
guided by the standard rules duly approved, which accompany this resolution. Trade Union location is . ........................

ARTICLE 2 CHAPTER II
This resolution shall be operative the date of its publication in the Official
Gazette. TRADE UNION OBJECTIVES

ARTICLE 3
The Tr~de Union objectives are the protection of the Trade Union
MINISTER OF SOCIAL AFFAIRS & LABOUR Labou.rers' mte~ests, defen~ing th~ir rights and operating to improve their
financial an~ SOCialstatus besides their representation in all questions pertinent to
labour affairs (Art. 70 of Labour Law)
Abudulla AI-Mishari AI-Rawdan
CHAPTER III

CONDITION FOR ACCEPTANCE, WITHDRAWAL & TER-

MINATION OF MEMBERS

Issued on 30.9.1964 ARTICLE 4

Any labourer working in ... and satisfying the legal conditions shall be
~c:.r:ed as a member in a Trade Union, i.e.:-
should be eighteen ("18) years of age.

b. He should be of d d '.
COrn g?<> con uct and behaviour by virtue of a certificate bv the
petenr authonty. .

c. The said labo h 11 .

th urer s a not be a member rn another Trade Union
Fur ermore fo K' . '" .
satisfy the foil '. r a no~- uwam labourer It IS stipulated that he should
owmg conditions so as to join the Trade Union:-
•. He should h btai
ave 0 tamed a Labour Identity-Card

• ~_aboUld have been st '. .

qUIll 9.8.1964. aymg in Kuwait for a period of five years with effect

ARTICLE 5
desirous to" h '.
JOIOt e membership of a Trade Union shall submit an
application to the Executive Board and the Board shall have the right to accept or
reject his application. The application for joining .the. Tr.ade. Union shall n?t be CHAPTER V
rejected except by two thirds of the members, with lOdlcat!on of the pertment
reasons. A Labourer whose application is rejected may su~nut a complaint to the
General Assembly in such a respect during its first meeting, and the A~mbl.y SERVICES AND AIDS
shall have the right of final determination whether to accept or reject his
application.
ARTICLE 12
ARTICLE 6 Every member in a Trade Union may benefit f h . .
as well as cultural, vocational, COoperative and an rom t e ~Ial aid a~d services
Any member may withdraw from the membership of a Trade Union at any members which are offered by the Trade U y other p~vlleges,: enJo~able by
time he wishes to do so; and the Trade Union shall claim from him only the following:- nron, particularly lOcluding the
subscription due to the end of the month in which he made his withdrawal.
•. FUNDAMENTAL SERVICES:
ARTICLE 7
Such an insurance & security against I .
Any member commits any of the following matters shall be discharged from any other type of insurance required bes~:e~rn:toybml.ehn.t,
dlseas~ disability and
the membership of a Trade Union:- s a IS 109 proVident funds.
b. URGENT AIDS:
a. Suspension of subscription payment for three successive months without
acceptable excuse. Aids such as those in the event of marriage or calamities etc.

b. Abusing the reputation or fame of the Trade Union or inducing others to c. CULTURAL & SERVICES:
withdraw from the membership of a Trade Union. Publication of printed materials and rtici '. '.
well as opening classes for public cul;a cIP~t!Fg 10 era~lcahon of iliteracy, as
c. Ernbezzeling the Trade Union's funds, dilapiating its property in his charge or founding clubs and organizing excu~~e an .ra~e Union educanon, besides
committing any offence against the Public order or prejudicial to the Public activities. sions, plCDJCSand leisure recreational
Morals.
d. VOCATIONAL SERVICES
ARTICLE 8 Such as vocational training 0 '.
unemployment by 0 nin e~ I rgarusation of ap~renticeship, control of
No member may be discharged from a Trade Union without an investigation
~bour coritracts, le:1 c!nsul;a~fo~~nt, Offic::s, be.sld~s.arranging COllective
been conducted by the Executive Board in this respect. Such discharge shall be dispute settlement. ' as we as IOdlVldual and collective
made only under the consent of two thirds of the Board's members. The
discharged labourer may complain against such a decision before the General e. COOPERATIVE SERVICES:
Assembly in its first meeting, and the Assembly shall have the right to finally
decide on the complaint whether accept or reject the same. S~ as working to promote coo . '.
SOcial and economic standard o~~abotJvue
SOCIetiesfor the purpose of raising the
rers.
CHAPTER IV
CHAPTER VI
SUBSCRIPTION & FEES
TRADE UNION'S FINANCE
ARTICLE 9
11ae ARTICLE 13
The monthly subscription of a Trade Union is KD . IIOurce of Trade Union Funds is:-
ARTICLE 10 11aeMOOthJ
y SUbscription payable by the members.
The fee for joining a Trade Union is KD < fees for' ..
payable once at the time a member joins a Trade Union or when he IS JOIDtngthe Trade Union
re-registered.
Tr.cIe Un· 005 d .
ARTICLE II Board and onations and contributions which are accepted by the
approved by the Ministry of Social Affairs and Labo
The Executive Board may propose further fees, provided that such fees sbaJ ur.
be applied to members after the approval of the General Assembly. tbepartj
·tics. es held by the Trade Union upon the approval t'f the
 by the majority of its present me m bers, except such cases where special majority is
required.
e. The proceeds of the printed materials published by the Trade Union.

ARTICLE 22
ARTICLE 14
. The General Assem' ,Iy may be attended b .
The Trade Union shall invest its funds in secured projects and investment ~nton may delegate any ex rt or techni Y Its '!lembers '; However, a Trade
aspects which are not contradictory to the provisions of Article 73 of the Private ISsought, provided that thr:opinion of I~~Iofflcladl:It deems fl!, whose expertise
e atten 109 person shall be advisory.
Sector Labour Law.
ARTICLE 23
ARTICLE 15
The General Assembly shall particular di
The Trade Union Funds shall be deposited with a bank in the name of the a. The Trade Union Executive Board re y IS~USSthe following matters:-
ended. port, covering the proceedings of the year
Trade Union, withdrawal of which shall be made in conformity with the provisions
and conditions stipulated in the rules herof.
b. Approval of the Balance Sheet and Fin aI A
ARTICLE 16 verified by a chartered Accountant b idccoun~ ~or!he year ended, which are
budget projection. ' eSI es ratification of the following year
The Trade Union's financial year shall commence to run as from .. , up to
....... every year.
c. Election of the Executive Board members through secret ballot.
CHAPTER VII
d. Reports and proposals of the me b .
Board, at least a week prior to ~e e~s'tdull s~b~ltted through the Executive
GENERAL ASSEMBLY a e 0 t e eneral Assembly Meeting.

ARTICLE 17 e. Discussing the complaints submitted b labo ..-

The General Assembly is deemed to be the higher authority dealing with the Trade Union were rejected or th y d urers whose applications to join the
, ose etermined to be terminated.
Trade Union affairs. It consists of all Kuwaiti members duly settled theirmonthly
subscriptions up to the date of its meeting.
ARTICLE 24
ARTICLE 18
follo!1':g,._Extra-Ordinary General Assembly shall particularly discuss the
The General Assembly shall be held in an ordinary capacity once in the
month of every year.
a. Amendm
IlIlde ent 0f the Trade Union Or anic S .
ARTICLE 19 sbaU r,::e con~nt of two thirds of t~e re~~tute,t which shall ~ made at least
deposited with the Ministry ~f Soc .~eAmfbef .rs. The said amendment
The General Assembly may be held in an extra-ordinary capacity if at least b. Ur e . ia airs & Labour.
one fifth of the members request so or upon the request of the majority of be B nt tmportant matte hi h
Executive Board members. The Executive Board shall call the General Assembly submitted in accord~~ l~it~h~hExecultive Bo.ard or the members deem to
to convene within a period not exceeding two weeks at most, besides specifying e, Diaot . e ru es specified herein.
the issues and topic for which it shall be held. If the Board does not call the of utlon of the Exec ttve
.
assembly within the said period it shall be held spontaneously. d. Illy member therei:. Board or extinguishment of the Membership right
Yolun~ disso .-
ARTICLE 20 IhaU be m d lutlon or merger of a Trade Unio .
a e by a decision of at least two t~' ~Ith afnyothers provided that

=
.
The General Assembly meeting shall be deemed to be valid if at least rr s 0 the present members.
attended by half of the members. In case the requir~d quorum is .incomplete,
meeting shall be delayed for two hours, after which It shall be valid, whatever (be CHAPTER vm
number of members is, provided that it shall not be less than a quarter of I
members. Otherwise the meeting shall be postponed for two weeks at mOS' EXECUTIVE BOARD
ARTICLE 21
ARTICLE 25
The decisions passed by the General Assembly cf a Trade Union shad oS U·
~ Executive Board shall be
deemed to be final as long as they are not contradictory to the law provisio -..era) Assembly for a tw composed of ... members, duly
______ 0 year-term, half of whom shall
any relevant resolutions issued. The General Assembly decisions shall be
 extinguish their membership after the first year through secret ballot.
Replacements thereto shall be elected through secret ballot by the General
ARTICLE 30
Assembly too. and the remainder shall abate their membership in the following The Secretary of a Trade U . .
year or seniority basis. and consequently be replaced by others through secret regulations and the Executive Bo ~Ion .s~all Imp~ement all the Trade Union
the technical and administrative ar deCISIOns. beside supervising all activities of
ballot. Thereafter half of the members shall successively abate their mem-
keeping the Trade Union rintc~mmlttee~. He IS the person entrusted with
bership through seniority every year.
Furthermore, he signs with th~ Ch~irm~ate~lals .. correspondence and records.
and Executives Board meetin s M n t e ml!lutes of the General Assembly
ARTICLE 26 Executive Board membership gno'm' orteover. he IS.the person who receives the
. . ma Ion applications d di '"
Acceptance of nominations for the membership of the Trade Union the T rade Union members in the event of th C an irects mvrtatrons to
Executive Board from Kuwait members. duly settled their subscriptions shall the Executive Board members foil e ieneral Assembly meetings, besides
commence to run three weeks before the General Assembly date. and meetings; and meanwhile. writ~s to t~: B~r~e~a~dlOg the minutes of the board
meanwhile shall be declared closed a week prior to the said meeting. Such dates Union progress of activities. an annual report covering the Trade
shall be published in the Trade Union bulletin board.

ARTICLE 27 ARTICLE 31
The Executive Board is the authority for implementation of the legal The treasure is entrusted with collection of the T de Uni . .
decisions passed by the General Assembly of the Trade Union. and the other funds. together with the implementation 0 ra e U.mon subscriptions or
following are some of its powers:- relating to the financial affairs He 'h' II f f thhe Executive Board resolutions
h bill & .' .. s a urt er perform the pa t f
pur.c a~e~ I s salaries, besides supervising the Trade U' . ymen 0
a. Performing the Trade Union internal relations and dealing with the pertinent mamtamrng the relevant accounts documents. He shall alsom~~e accounts and
affairs. permanent petty-cash-credit amountin to KD p With him a
req~irements, and meanwhile prepare ~nal accou~; ~f' t~orf p~ymet"t of urgent
b. Performing the industrial affairs relations of the Trade Union. such as collective be sides planning the budget of the f II' .' e lOancla. year .ended.
secretary. 0 ow 109 year 10 cooperation With the
bargaining. collective labour contracts and meetings of conciliation. arbitration.
joint committees and labour offices.
ARTICLE 32
c. Management of cooperative. culutral and social projects of Trade Union and
developing the systems of the same. . The Executive Board shall be held 0 .
valid If attended by more than half f i nee every and Its meeting shall be
not reached the meetin sh II 0 . ItS members. If such a quorum - number is
d. Preparation of the annual report. duly covering the Trade Union activities, notified of the next mee~i a be adjourned for ... , and the members shall be
which include a general review of the Trade Union conditions. the development attended by one half of nIghdaBte. Tdhe said next meeting shall be valid if at least
of its membership and the achievements realized by the Trade Union in various e oar members.
fields.
e. Reviewing membership applications, and taking appropriate decisions.
ARTICLE 33
f. Discussing members' complaints and conducting the relevant investigations. The Execun ive B oard decisions shall be
the ev d b
ent of voting ended i ti h passe y absolute majority, and in
g. Concluding contracts and agreements in the name of the Trade Union, and n a ie , I e chairman shall have the casting vote.
representing the same in Federations and body-corporates.
ARTICLE 34
h. Calling the General Assembly and preparing the Final Account. the 1'h~ Executive Board
IbaJority of members ~:~:ees~a~les~for holding an Extra-Ordinary meeting if
i. Discussing proposals of members.

ARTICLE 28 YBoa ARTICLE 3S

___ .r~ member abse t hi I
The Members of the Executive Bo~rd shall el~ct, from among themselves a: -:-,,~-utlve times wi n s imse f from the Executive Board meet in S
after every partial renewal, "Staff Office» cornpnsmg a President, a Deputy ( Executive Boa:~hout abreasonable excuse shall be considered resfg nf~dr
two deputies), a Secretary and a Treasure. mem ership,

ARTICLE 29 ARTICLE 36
Who fOllows th
The chairman is the legal representative who represents the Trade V lllbership s~ ~~ccesSful members. in the last elections for the
before all authorities concerne~. He shall pr<:side over the meetings and of mem~ ~~bs~tute any resigned, dismissed or deceased
payment cheques with the cashier after secunng the consent of the Ex rs ip s all be complementary to the term of his
Board, besides signing contracts and agreements concluded with the Trade V
 ARTICLE 37
RESOLUTION NO.2, PERTINENT TO PRELIMINAR\
The Executive Board shall be dissolued if at least half of the member~ t~ereOf
have resigned all at once. In such a case. the General Assembly shall. within two
weeks, hold an extra-ordinary meeting so as to elect new Executive Board, term Of MEASURES FOR FORMATION OF TRADE UNIONS
which shall be complementary to the term of the former Board.

ARTICLE 38
The Executive Board members shall not be paid any remunerations Or Considering the provisions of Chapter XIII and Articles 1.2.1}7 and I}X of the
salaries for the duties entrusted to them. Private Sector Labour Law (Law No. 38 of 11}(4).
It is hereby decided:-
ARTICLE 39
The Executive Board may constitute Committees to organize the Tradt
Union affairs, i.e. Cultural and Social Committees etc. One or some of the Boare
members shall participate in such committees. The Board. shall consequentl)
specify the number of ~v~~ comm!ttee members, the committee powers and la) ARTICLE I
down the rules of its actrvttres, provided that the result of t~e releva~~ research all( Labourers willing to form a Trade Union shall select from among them five
activities shall be placed before the Board for appropnate deCISIOns.
members in the maximum as «INTERIM. COMMITTEE» which shall draft
••THE ORGANIC STATUTE OF THE TRADE UNION" guided in this by the
CHAPTER IX standard regulations issued under Resolution No. I.

ACCOUNTS ARTICLE 2
The «.INTERIM COMMITTEE».shall call the labourers to hold a meeting for
ARTICLE 40 the founding General Assembly. which shall approve the Organic Statue. The
Committee shall announce candidacy for electing the first executive board
The Trade Union, for maintaining its accounts shall at least keep the members of the trade Union and receive applications for nomination until two
following:- days before convocation of the meeting accompanied by the "NO OBJECTION
1. Special book for entry of income and expenditure. CERTIFICATE." Such announcement shall be made by the Committee at least
ten days before the date of the meeting.
2. A book for the bank accounts, where all deposited or withdrawn amounts shal
be recorded. The Committee shall notify the Ministry of Social Affairs & Labour of the
date ~nd ~Iace of the mee~in.go~e week ahead so that the latter shall appoint one
3. A book for permanent petty cash credit. techmcallnspector for assisting In the legal proceeding of the General Assembly.

ARTICLE 3
4. A Recipt Book, duly numbered and stamped by the Trade Union's sa
time All Kuwaiti l:abourers meeting the conditions for eligibility and present at the
5. A Subscription Book for recording the subscribers names according to the ~~ of the m~etlng shall be deemed to be members of the founding general
of their entry in the Members Register where all amounts payable by assembly provided their number is not less than fifteen.
member shall be specified.
ARTICLE 4
6. Members accounts ~k for entry of amounts received from every member
well as the amounts paid to him. the ~o~n~ing General Assembly shall approve the draft Organic Statute of
hro-tbirds o;:~n after discussion and introduction of the amendments passed by
7. A book for recording real estate, immovables or any other pe~ Union exCCUtiv: :esen~ members .. It sh.all also elect the members of the Trade
invc;lIlury, with a brief description of every item thereof, its price and t s~aJI ~ with hard 10 .C?nformlty With the adopted Organic Statute and in
t e provIsions of Article 2 hereof.
of the person in charge of the same and, any relevant changes occurs
stated therein.
ARTICLE 5
Trade Union Exec t" B
--"'at.ftatita first meet" u sve oard .shall meet. after its election and duly
f
mg. rom among Its members. "THE OFFICE BOARD"

ARTICLE 6
Board shall d . .
eposlt the "FOUNDING INSTRUMENT" of the
54 55
Trad.e ,!nio.n with the Ministry of Social Affairs & Labour for necessary
publication In the Official Gazette. .RESOLUTION NO.4. CONCERNING THE STANDARD
ARTICLE 7
ORGANIC STATUTE OF THE TRADE UNION FEDERATIONS
AND
This Resolution shall be operative the date of its publication in the Official
Gazette. KUWAIT GENERAL TRADE UNION FEDERATION

In view of Chapter 13 Articles and Articles 1,2,3,97 and 98 of the Private

Sector Labour Law (Law No. 38 of 1964).

MINISTER OF SOCIAL AFFAIRS & LABOUR The following is here by decided.-

Abdulla AI-Mushari AI-Rawdan ARTICLE I

Trade Union Federation shall, for the purpose of preparing their Organic
Statues, be guided by the approved Standard Organic Statute duly accompanying
this Resolution.
Date 30.9.64
ARTILCE 2
Kuwait General Trade Union Federation shall, for preparing its Organic
Statute, be guided by this Organic Statute too, besides subsituting the term
"TRADE UNION" in all Articles thereof by the term "FEDERATION" and the
term "FEDERATION" by the term "GENERAL FEDERATION"
ARTICLE 3
The Resolution shall be effective the date of its publication in the Official
Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Abdul Aziz Abdulla Al-Sarawi

56
57
STANDARD ORGANIC STATUTE OF TRADE UNION b its general assembly and the f e d era ti10~ may not claim except for the
.FEDERATION y . ti10ns due until the last month of Withdrawal.
subsCnp
CHAPTER I ARTICLE 7
Any member-trade uni?n which commits any of the following acts shall be
FORMATION OF FEDERATION dismissed from the federations>
ARTICLE 1 a. Ceased payment of the monthly subscription for three months' without
An organised body called federation is set up on this..... of ..... 19 ... acceptable excuse.
according to law no. 38 of 1964. the re utation of the federation, defamed it or inticed other
b. Damabeged d Pons to withdraw from it or contravened the lawful resolu-
mem r-tra e UO! .
ARTICLE 2 tions issued by the federation.
The Federation's seat is the City of .
c. Forged the federation's.co.rrespondence or gave incorrect statements regarding
the federation's subscnptlOn fee.
CHAPTER II

OBJECTIVES OF mE FEDERATION ARTICLE 8

ARTICLE 3
The Federation shall protect the interests of the member-trade unions in
general, realize solidarity amongst them and assist them morally and financially. It
shall work for promotion of productive sufficiency and maintenance of stability in
industrial relations. The Federation shall also represent the labourers in all forums
and contribute to cementing Arab and International labour entities.
CHAFfER III
An member-trade union may not be d!sm!ssed unless after investigation by
the exe%utive board of the federation and dismissal shall ~ot be made except by
a roval of two-thirds of the board members. The dismissed trade un~on may
pp I the decision before the first meeting of the general assem~ly which shall
~~~athe right to decide finally whether by rejecting or upholding the plea.
CHAPTER IV
SUBSCRIPTIONS & FEES

CONDITIONS FOR ACCEPTANCE, WITHDRAWAL AND DIS- ARTICLE 9

MISSAL OF MEMBERS Monthly subscription in the federation's membership shall be 10% of the ~ot~1
subscriptions collected from members of the trade union and t~e .trade ~O!ons
ARTICLE 4 annual final accounts shall be presented for comparing the subscnpnons paid that
due to the federation.
Membership of the Federation shall be open for all similar trade unions which
did not join another federation and are constituted in conformity with the ARTICLE 10
procedures stipulated for under the labour law provided the decision to join is
made by the trade union general assembly. Fee for joining the federation amounts to (... ) payable once on the trade
union's joining or re-registration.
·ARTICLE 5
ARTICLE 11
The trade union wishing to join the Federation shall forward an application to
the executive board which may accept or reject it. Rejection of an application to The federation'S executive board may recommended other fees which shall be
join the federation shall not be made except by two-thirds majority of the applicable to the member-trade unions after approval by the general assembly.
members and the reasons are stated. The trade union may reply to the reasons for
rejection within two weeks of receiving the notification so that the federation shall CHAPTER V
re-consider its decision. The representative of the rejected trade union is entitled
to appear for defence before the executive board on reconsidering the decision,
whence the decision shall be final. SERVICES & ASSISTANTS
ARTICLE 6 ARTICLE 12
An' trade union may withdraw any time from the federation under a decision Every member-trade union sh~1I be entitled to the social. cultural. sports.
58 S9

-
 vocational and cooperative services, assistants and other privileges decided by the
federation.
Trade Union of upto 200 members shall be represented by 4 persons.

CHAPTER VI .
Trade union 0f between 201 and 300 members shall be represented by 5
persons.
FlNANCES OF THE FEDERATION
Trade U·mon 0f ben een 301 and 400 members shall be represented by 6
LY

persons; and
ARTICLE 13
The federation's finances shall comprise:- Trade U·mon 0f 401 members and more shall be represented by 7 persons.

a. Monthly subscriptions paid by the member-trade unions. .

The representatives 0f the trade union in the federation general assembly
shall.-
b. Fees for joining the federation.
a. Be from among the members of the trade union executive board.
c. Gifts and donations received by the federation which the executive board
resolves to accept subject to approval by the Ministry of Social Affairs & b. Be proviid e d WIith written credentials from their respective trade unions.
Labour.
.. li bl . the case of the General Federation and shall
(~ article IS~~~Pr~care~~tation of every federation, which paid its
d. Turn-over of shows organised by the federation after approval by the competent be su~t!tuted. b~e Gener~1 Federation by seven representatives and the
authorities.
subscnPtJo~,
representatives 10 0 f eac h . f e deration in the general assembly of the general
federation shall"):-
e. Profits which may be earned by the Federation from publication of prints.
a. Be member of the federation executive board.
ARTICLE 14
The federation shaJl invest its funds in the project and investment aspects of b. Be provided with written credentials by the federation.
secure profits, not contravening the provisions of Article 73 of the Private Sector
Labour Law.
ARTICLE 19
ARTICLE IS The general Assembly shall hold an ordinary meeting once during the month
of .... each year.
The federation's funds shall be deposited in the ... bank and in its name.
Withdrawal shall be made in conformity with rules and conditions contained
herein. ARTICLE 20
The General Assembly may hold extra-ordinary meetings if at !eas~fiv~
ARTICLE 16 members of the general assembly or the majority members of the executive ar
so request.
The federation's financial year shall start from ... upto end of ... each year.
. 0 f th e ge neral
The executive council sha.lIcall f«;>ra rneenng h assembly
in In within
case it
CHAPTER VII two weeks at most and determine the Issues and agenda of sue meet g. its own
is not called by executive board, the general assembly may meet on I
motion.
THE GENERAL ASSEMBLY
ARTICLE 21
ARTICLE 17
Quorum for the general assembly meet 109
. sa. hall be ttendances of at least halft
The General Assembly shall be deemed the highest authority in tackling the the representatives of the member-trade umons. . In ~ the
. itquorum
h II beISvalid
no
affairs of the federation and shall comprise the representatives of the member- satisfied, the meeting shall be delayed for t~o hours w erem I s t~an uarter
trade unions which paid their monthly subscriptions until the date of convocation. irrespective of the number of attendant.s, provided they a~e not Ie:: defe~ed for
the representatives of member-trade umons, else the meetmg shall
ARTICLE 18 at most two weeks.
Representation of each member-trade union in the general assembly shall be
correlated to the number of its members who paid their subSCriptions and the ARTICLE 22
latter IihaJl be determined by taking the average of the last three months. The Resolutions passed by the general assembly of the Federations shall be.~
following table determines the number of representatives of every trade union:- so long they do not contradict the provisions of the labour law and the pernaen
resolutions.
60
61
 Such resolutions by the General Assembly shall be passed by the majority of
present votes except in cases requiring special majority.
ARTICLE 23
Only members shall attend meetings of the General Assembly. However, the
federation may select experienced or specialised persons whose opinions shall be
advisory.
ARTICLE 24
The ordinary general assembly shall in particular discuss the following:
a. The Federation Executive Board Report on the year ended.
b. Approval of the Balance Sheet and Final Account of the year ended duly
attested by an Auditor and the adoption of the draft budget for the coming
year.
c. Electing the members of the Executive Board by secret ballot.
d. Considering the reports and proposals submitted by members to the Executive
Board at least one week before its meeting.
e. Deciding in the pleas submitted by the Trade Unions whose membership is
decided to be extinguished.
ARTICLE 25
The Extra-Ordinary General Assembly shall in particular consider the
following:-
a. Amending the Organic Statue of the Federation by approval of at I~ast
two-thirds of the members present and such amendment shall be deposited
with the Ministry of Social Affairs & Labour.
b. Urgent important issues which the Executive Board or the members deem to
discuss according to these rules.
c. Dissolution of the Executive Board or forfeiture of its membership.
d. Voluntary dissolution or merger of the Federation under a decision by at least
two-thirds of the members present.
CHAPTER VIII
EXECUTIVE BOARD
ARTILCE 26
The Federation's Executive Board shall comprise .... members (0 be e1eded
by the General Assembly for a term of two years. To ensure .adequate
representation of all trade union on the executive board of the federation. each
trade union shall be represented by at least two members of every board. Half the
members of the first executive board shall be dropped by secret ballot after the
62
first year and their substitutes shall.be el~cted secretly by the General Asse?1~ly.
The remainder members shall forfeit their membership the next year by recission
and replacements for them shall be elected by secret ballot by the General
Assembly. Henceafter half the members shall be dropped every year.
ARTICLE 27
Nominations for the membership of the Federation's executive board shall be
received from Kuwaiti representatives of member trade unions duly paid their
subscription in full and shall be closed one week before the meeting. Such
schedules shall he published on the notice board of the Federation.
ARTICLE UI
The Executive Board is the Executive Authority for the legitimate resolutions
passed by the General Assembly of the Federation. Among its prerogatives is:-
a. Implementation of the federation's internal policies and despatch of its affairs.
b. Charting the federation's general policy and shouldering its full mission.
c. Administering the industrial relations affairs.
d. Administering the federation's social, cultural and cooperative projects and
developing the federation's organs.
e. Drafting annual report on the federation's activities including a general review
of the situation, increase in membership and attainments realized in the various
fields.
f. Discussing complaints filed by the member-trade unions, investigating and
settling any dispute which may arise between such unions.
g. Concluding contracts and agreements in the name of the federation and
representing the latter in the General Federation and other bodies.
h. Inviting the General Assembly to meet and preparing the final account.
i, Considering proposals put forward by the members.
ARTICLE 29
fi Mem~rs of the Executive Board shall elect from among themselves. at their
rst. meeting after every partial renewal. an "OFFICE STAFF" including
preSident a deputy (or two deputies), a secretary and a treasurer.
ARTICLE 30
bei The presi~ent of the Executive Board is the Federation's legal representative
~re all parties. He shall chair the meetings, sign with the treasurer payment
and lies, after securing consent of the Executive Board. and shall sign contracts
agreements concluded with the federation.
ARTICLE 31
~ Secretary of the Federation shall implement all regulations and
lions by the executive board. supervise work. of technical and administrative
63
committees, keep the federation's records, prints and correspondence, sign with
the president the minutes of the General Assembly and Executive Board ARTICLE 38
meetings, receive nominations for membership of the Executive Board, direct
invitations to the members to attend the General Assembly meetings, provide the The executive board shall be dissolved if at least half of its members resigned
executive board members with the minutes of the board meetings and shall submit at one time. In such cases the General Assembly shall hold an extra-ordinary
to the board an annual report on the progress of work within the federation. meeting within two weeks to elect a new executive board whose term shall
complement that of the preceding board.
ARTICLE 32
ARTICLE 39
The treasurer shall be entrusted with collecting the subscriptions and other
funds of the federation and with implementing the executive board's decision as Members of the executive board shall not receive any remunerations or
regards the financial aspects. He shall effect payment of salaries and purchases, salaries for the work entrusted to them.
control the federation's account, keep documents thereof, retain a permanent loan
of KD ... for payment on urgent issues, draft the final account of the financial year ARTICLE 40
ended. and shall prepare. in collaboration with the secretary, the draft budget of
the coming year. The executive board may set up a technical committee in labour affairs to
organize the Federation's activities and one or more members shall participate
therein. The remainder members of such committees may be appointed by the
ARTICLE 33 member-trade unions under decisions by their executive boards. Failure to
The Executive Board shall meet once every ... and the legal quorum shall be appoint them in such a way, the appointment shall be made by the executive board
attendance of more than half the members. In case the quorum is not reached, the of the Federation which shall determine the number of members of each
meeting shall be deferred for. .. and the members shall be notified of the date of committee, define the latter's competence and rules of procedure. Such
the second meeting. Such meeting shall be valid if attended by at least ..... commitees shall submit the outcome of their studies and work to the executive
members of the board. board for necessary action.

ARTICLE 34 CHAPTER X
Decisions of the Executive Board shall be passed by absolute majority and in
case of equal votes the president shall have the casting vote. ACCOUNTS

ARTICLE 35 ARTICLE 41
The Executive Board may be called for an Extra-Ordinary meeting if the The Federation shall at least keep the following account books:-
majority members so request.
1. Special book for Revenue and Expenditures.

2. Rec:ord for bank accounts where amounts deposited or withdrawn shall be

registered according to their dates.
CHAPTER IX 3. Book for the account of the permanent credit.

MEMBERSHIP OF THE EXECUTIVE BOARD 4. Receipt book numbered and stamped by the federation's seal.

ARTICLE 36 S. Subscripti~n boo~ con.taining name of subscribers according to their order in the
membership regrstration book and the amount paid by each member.
Any member who absents himself for three consecutive meetings without
accept~ble excuse shall be deemed as having resigned the membership of the 6. !~unts book for the members where the amount paid by or for every member
executive board. - be entered.
7. Record fo . .
ARTICLE 37 ICco r registration of property, movables or any other permanent stock
besi:n, a short description thereof, its value and the name of person in charge
The next ~ember on the list of successful candidates during the last elections 5 any alterations therein.
for membership of the executive board shall replace the resigned, dismissed or
deceased member, provided that the subscriptions and fees due from the trade
union he represents are fuily paid. He shall complete the period of his
predecessor. In case there is no member on the voting list, the executive board
may decide to continue or call for bye-elections and in both cases, the term of such
member shall expire at the end of his predecessor's term in office.

64
65
 ARTICLE 5
MINISTERIAL RESOLUTION NO.5 PERTINENT TO THE
PRELIMINARY MEASURES TO BE FOLLOWED FOR FORMA. d U 'on Federalion Executive Board shall meet, after its election
The Tra ~ . 101'I its first meeting, from among its members "The Office
TION OF TRADE UNION FEDERATIONS AND THE GENERAL and duly nornme e a ,
TRADE UNION FEDERATION OF KUWAIT Board." ARTICLE 6
. Bard shall deposit the "constituent instrument of Tra~e
Having perused the provisions of Chapter XIII and Articles I, 2, 97 and 98 of
The Exec~tlve cf I Trade Union Federation with the Ministry of SOCIal
the Private Sector Labour Law (Law No. 38 of 1964).
u~n Federabollonorfore~~~~ssary publication in the Official Gazette.
Affaars & La ur,
The Following is hereby decided:- ARTI~LE 7
· hall be operalive the date of its publication in the Official
ARTICLE I This Reso Iuuon s
Gazette.
Trade Unions willing to form a federation, and the federations desirous to
form the General Trade Union Federation of Kuwait shall select an Interium
Committee to represent such similar Trade Unions or Federations, which shall
work out the draft of the relevant "Organic Statute," duly guided in this respect by
the standard regulations issued under Resolution No.4, provided that the
members of the said committee shall not be more than five. MINISTER OF SOCIAL AI"FAIRS & LABOUR

ABDULLA AL MUSHARI AL RA WDAN

ARTICLE 2
"The Interim Committee" shall call similar trade unions in the event of
constituting the Trade Union Federation. The same committee shall also call the
Trade Federations in case of Kuwait General Trade Union Federation for the
purpose of holding the Constituent General Assembly Meeting. Moreover, it shall
declare candidature open for electing the first executive board members.
Applications for nomination shall be submitted to the "Interim Committee" until
two days before convocation of the meeting, duly accompanied by "a written
certificate confirming the labourer's representation for the relevant Trade Union
or Federation. Such announcement shall be made by the Committee at least ten
(10) days before the date of the meeting.

The committee shall notify the Ministry of Social Affairs & Labour of the date
and place of the meeting at least one week ahead. It may also request one of the
Technical Inspectors of the Minstry for assisting in the legal proceedings of the
General Assembly.

ARTICLE 3
Each Trade Union shall be represented in the Constitutent General Assembly
by an equal number of the member-representatives of the Executive Board, whose
representation is approved in writing provided that the number of the Constituent
General Assembly shall not be less than fifteen.

ARTICLE 4
The Constituent General Assembly shall approve the Draft Organic Statute
of the Trade Union Federation or General Trade Union Federation after
discussion and introduction of the amendments passed by two-thirds of the present
members. It shall also elect the members of the Trade Union Federation
Executive Board or the Executive Board of the General Trade Union Federation
in conformity with the stipulations of the approved Organic Statute, and in
compliance with Article 2 of this resolution, and the provisions of Article 26 of the
approved standard Organic Statute, duly accompanying the Resolution No. 4
hereof.
67
66
 MINISTERIAL RESOLUTION NO. 6 Stb. The Meeting of the Highe~ ~dvisory Co~mittee on Labour Affairs shall he
CONCERNING THE ORGANISATION OF THE HIGHER , 'ded over by the MInister of Social Affairs & Labour, who shall
ADVISORY ~cipate in the Committee debates without voting. In the event of his
COMMITTEE AND ITS RELEVANT PROCEDURE rbsencc the Undersecretary of the Ministry of Social Affairs & Labour shall
act on behalf of him.
6th' The Committee shall hold an ordinary meeting at least once every three
, months under invitation extended by the Ministry of Social Affairs & Labour
The Minister of Social Affairs & Labour. at least a week prior to the convocation date.

Hav.ing perused Law No. 38 of 1964. concerning the Private Sector Labo 7th'The Committee meeting shall be valid, if attended at least hy seven members.
and Articles 92 & 93 thereof. ur , . including three from the Government Authorities and at least one from each
of the employers and Labourers Sector. If the quorum is not reached the
HEREBY ORDERS:- meeting shall be adjourned for a week. provided that the referendary shall
notify the Committee members of the next meeting date on the same day.
1st: A .Higher A.dvisory Committee on Labour Affairs shall be constituted und
this.~esolutlon to assu~e responsibility of advising on Labour Legislations ~~ 8th: The Committee may not discuss any issues not included in its agenda.
thel.r amen~ments. besides any other Issues referred to it by the Ministry of
Social Affairs & Labour. duly relating to Labourers and Labour affairrs. 9th: The Committee may constitute from among its members together with certain
experts. sub-committees, duly specialized in labour affairs such as vocational
2nd: The Higher Advisory Committee on Labour Affairs shall be composed f training and manpower etc. It may further invite any person other than a
twelve members in the following manner:- 0 member thereof, whose expertise is deemed to he required for a certain issue
brought before it. provided that he shall consultatively give such advise
a. MEMBERS EX-OFFICE without any right to vote.
Undersecretary, Ministry of Social Affairs & Labour 10th: The Committee shall lay down the rules of procedure required for the said
Representat~ve of M~n~stry of Finance & Industry specialized sub-committees, the constitution of which shall be made up of a
Representative of Ministry of Interior triple representation system i.e. Government, Employer, Labourer.
Representative of Ministry of Justice
Representat~ve of Departmen~ of Legal Advice & Legislation 11th: The decisions passed by the Committee shall be deemed to be valid if the
Representative of Labour Affairs Body at the Ministry of Social Affairs a~lute majority of present votes is obtained. The said decisions together
& Labour. With those adopted by the specialized sub-committees shall be submitted to
the Minister of Social Affairs & Labour in a form of proposals.
b. EMPLOYERS' REPRESENT ATlVES
12th: The representative of Labour Body, at the Ministry of Social Affairs &
Oil Inudstry Member Labour shall be the Referendary of the said Committe and all sub-
Industry Member
committees.
Services Member
13th: This Resolution shall be operative the date of its publication in the Official
c. LABOURERS' REPRESENTATIVES: Gazette.
A Member, representing Oil Labourers .
A Member, representing Industry Labourers
A Member, representing Service Labourers.

3rd: The members referred to in clauses b & c of the preceeding Article shall be MINSTER OF SOCIAL AFFAIRS & LABOUR
elected as follows:

a. The ~mployers Fe~eration in every field provided for in clause «b» hereof shall Abdul Am Abdulla AI-Sarawi
nommate one of its members, whenever possible.

b. The .Labour Fede~ation in every field prescribed in clause «c,. hereof shall
nominate one of Its members, whenever possible.

4th: The M!nistry of So:cial Affairs ~ ~bour shall issue an order for forming the
Comm~t~ee follo~ng the nommation of representatives by the aforesaid
authorities, provided that the membership term shall be two years.

68 (f)
 MINISTERIAL RESOLUTION NO. 9 CLOSING ALL MINISTERIAL RESOLUTION NO. 12, FIXING FEES FOR
PRIV ATE LABOUR OFFICES, OR CONTRACTING FOR ISSUE OF LABOUR IDENTITY CARD FOR NON·
SUPPL Y OF LABOURERS KUW AITI LABOURERS
The Minister of Social Affairs & Labour, The Minister of Social Affairs & Labour
Having perused Articles «8 & II» of Law No. 38 of 1964 concerning the Having perused Artie Ie 4 of Law No. 38 of 1964 in respect of the Frivate
Private Sector Labour; and Sector Labour; and
Pursuant to the realized fact, that there are Private Labour Offices, The Ministerial Order No. 13/64 duly fixing the fees for issue of Labour
established just for the purpose of generating profit which is contradictory to the Identity Card for non-Kuwaiti Labourers
Labour provisions; and
HEREBY ORDERS THE FOLLOWING:
Pursuant to the proposal made by the Undersecretary of the Minisry.
1ST: The fee for issue of a labour identity card for non-Kuwaiti Labourers or for
HEREBY ORDERS:- replacement of a lost or damaged identity card shall be KD 1/- (Kuwaiti
, Dinar one only)
ARTICLE 1 2nd: This order shall be operative immediately on publication in the Official
All Private Labour Offices or Labour Supply Contractors in all Governorates Gazette.
of the State of Kuwait shall be closed and prohibited from exercising their relevant
activities.

ARTICLE 2
This Order shall not apply to the Labour Offices of Benevolent Societies and M~NISTER OF SOCIAL AFFAIRS & LABOUR
Trade Unions which are authorized to operate by the Ministry to establish such
offices.
Khalid Ahmad AI-Mudaf
ARTICLE 3
The Undersecretary of the Ministry shall implement this order. which shall be
effective the date of its promulgation and shall be published in the official Gazette.

Acting Minister of Social Affairs and Labour

Abdulla Al-Mishari AI-Rawdan

70 71
 MINISTERIAL RESOLUTION NO. 13
MINISTERIAL RESOLUTION NO. 17 OF 1973 ON OCCU-
PATIONAL AND INDUSTRIAL DISEASES AS WELL AS
FIXING LABOUR IDENTITY CARD RENEWAL FEE
ANY PERTINENT DISEASE CAUSED THEREBY
FOR NON-KUWAITI LABOURERS
The Minister of Social Affairs and Labour;
The Minister of Social Affairs & Labour;
Having perused Articles, 43, 66, 68, 95, 97 and 98 of Law No. 38 of 1964,
Having perused Article 4 of Law No. 38 of 1964 in respect of the Private concerning the Private Sector Labour; and
Sector Labour; and
The Ministerial Resolution No. 8 promulgating the t~ble fixing the perm~ent
The Ministerial Resolution No. 12 of 1969 duly fixing the fees for issue of disability percentages in the event of industnal accidents and occupational
Labour Identity card for non-Kuwaiti Labourers,
diseases; and
HEREBY ORDERS: Pursuant to the proposal of the Ministry of .~blic Health; and the
Ist: The fee for renewal of a labour identity card for non-Kuwaiti Labourers shall presentation made by the Under-Secretary of the Ministry
be KD 0.500 (Five hundred Fils only).
HEREBY DECIDES:-
2nd: This Order shall be effective the date of its publication in the Official
Gazette. ARTICLE 1
The employer shall appoint one or more physi~ans to.examine hi~ lab~urers
who are exposed to infections by any of the occ':1pa~onal diseases specified m the
accompanying table, provided that the following IS observed:
MINISTER OF SOCIAL AFFAIRS & LABOUR First: Once every six months for the labourers exposed to infections of the
occupational diseases specified hereunder: .
KhaJid Ahmad AI-Mudal 1. Poisoning of lead and its compounds if the nature of work exposes labourers to
lead fumes.

2. Carbon disulphide poisoning.

3. Symptoms and diseases arising from exposure to radium and radioactive

materials or X-Rays.

4. Poisoning caused by petroleum derivatives.

SECOND:
Once every year for the labourers exposed to the infection of the following
occupational diseases:

1. Lead poisoning in the event of operations other than those where labourers are
exposed to lead fumes.

2. Affection made by chrome, its derivatives and sulphates.

3. Mercury poisoning.

4. Antimony posioning

5. Arsenic poisoning.

6. Phosphor poisoning

7. Manganese poisoning
ti
73
 8. Sulphuric compounds poisoning
12. The condition of the liver, kidney, heart and the nervous system in the event of
9. Nickle and its pertinent compounds affections labourers .exposed to poisoning by chloroform, carbon tetrachloride, ethyl
10. POisoning by •.••.trol . tetrachlonde, ethylene trichloride and other halogenic derivatives of the
r:> eum, Its gases or pehment derivatives aliphatic group hydrocarbon compounds.
11. Poisonmg by cholorofonn and carbon tetrachloride.
13. The con~itio.n of blood, skin and eyes in the event of labo~rers eXp?sed, to
pathologic diseases and symptoms which are caused by radium, radioactive
12. Poisoning by ethyl tetrachloride and eth I . .
halogenic derivatives of aliphatic hyd ocYenbe tnchlonde as well as any other materials and X-Rays.
r ar on compounds
14. The condition of skin in the case of labourers exposed to the infections of
13. Asbestos Fibre dust inhalation.
primary skin cancer and skin irritations,
14. Chronic skin' and eyes irritations, besides eye affection 15. The conditions of eyes in the event of labourers exposed to the affection of
by heat and 'tight.
eyes by heat or light.
15. Exposure to materials causing occupational cancer.
16. The conditions of the respiratory system and the chest including X-Ray
Thir~: .Once every two years for the labourers exposed examination in the event of labourers exposed to lung dust and tubercular
remammg occupational diseases specified in the to infections by the
enclosed table, diseases.

ARTICLE 2 17. Hearing test in the event of labourers exposed to occupational deafness,
It is observable that the periodical medical examination
following: shall specify the 18. In case the conditions of work necessitate adding any further information, the
examining physician shall have the right to supplement such information.
1. The condition of blood the nervou d di .
the event of labourers' exposed t s an, igestive systems as well as urine in ARTICLE 3
o porsonmg by lead, '
A preliminary comprehensive medical examination shall be made in respect
2. The condition of the digestive and nervous s of every labourer doing a work, exposing him to any of the occupational diseases
of labourers exposed to poisoni b ystems as well as urine in the event
mng y mercury. in question, provided that the nature and type of the diseases to which the
labourer is suspective shall be considered as to determine the extent of the
3. The condition of the digestive and nervou . labourer's physical fitness to handle such a work. This examination shall be carried
membranes in the event of labo s systdem as well .as skin and mucous
urers expose to arsenic poisoning. out prior to commencing work.
4. The condition of the circulary system nd h .
ARTICLE 4
case of labourers exposed to antimoan t: upper respiratory airways in the
y porsomng.
The results of the preliminary and periodical examinations shall be registered
5. The condition of the jaws teeth and bone' h in the relevant record, a specimen of which is attached herewith.
poisoning by phosphor. ' s In t e event of labourers exposed to
ARTICLE S
6. The condition of the bl d '
exposed to poisoning ~ ~~;f~~Z'~'::s~d skin in the event of labourers In the event of any occupational disease suspected infection has been made by
the medical examination, necessary medical and laboratory tests shall be carried
7 Th di out to ascertain the infection and its extent.
. e sed ition C?fn:rvous system, the chest and skin in the event of I bo
expose to poisorung by magnese. a urers
ARTICLE 6
8. The condition of respiratory system and I1UJCOUS
membra '
labourers exposed to poisoning by Sulphur. nes In the case of The physician performing the periodical examination may request the
re-examination of any labourer exposed to occupational disease in a period shorter
9 Th d' . than that prescribed in this resolution if he realizes that his health condition
, e con Ih.on of skin in the event of labourers exposed to aft ti b '
and chromium, ec Ion y nickle necessitates such re-examination.
ARTICLE 7
10. The condition of the respiratory system, the skin and eye's'
labourers exposed to poisoning by Petroleum. In the event of Without prejudice to the provisions of Article 64 of the law hereof, the
physician may suspend from work any labourer infected with an occupational
11. The c?ndi.tion of respiratory system and eyes in the case of labou diseases if he deems that the labourer's continuation in such work shall constitute a
to poisoning by chlorine, flour and promin. rers exposed danger to his health.
A labourer suffering from an occupational disease may not be reinstated,
74
75
un ess tIie medical examination proves that he is physically fit to rejoin such a
work. TABLE OF OCCUPATIONAL DISEASES
However, the physician may, if the condition of the labourer permits so, St. NO TYPE OF DISEASE JOBS OR OPERATIONS CAUSING SUCH
recommend the employment of the infected labourer on another job suitable to his
medical state, provided tbat the new job is remote from the source of tbe DISEASES
occupational disease from which the labourer suffers.

ARTICLE 8 1. Lead poisoning and com- Any work necessitating the use of handling
plications of lead its compounds or any matenals
The employer shall bear all the medical examination expenses in the event of containing lead, including, f?r instance
infection with the occupational diseases, besides the expenses of treatment and not limitation, the handling of lead
medicines and transportation in accordance with Article 68 of the law hereof but ores, casting of scrap lead and zinc con-
without prejudice to the resolutions issued by the Ministry of Public Health i~ this taining lead to make into moulds for
respect. fabrication of articles from such casts.
Fusion of lead and preparation of its
A labourer sufferi.ng from any occupational disease shall receive his pay in full compounds, preparation and use of cera-
through o~t the duratlo~ of treatment duly determined by the physician. In case mic coats containing lead, battery manu-
such a penod exceeds SIXmonths, the employer shall only pay him half the said facture preparation or use of dyes paints,
remunerations in accordance with the provisions of Article 64 hereof. varnishes or oils containing lead and any
other work calling for exposure to dust,
lead fume, lead compounds or materials
ARTICLE 9 containing lead.
2. Mercury poisoning and com- Any work necessitating the use or hand-
The Competent Inspectors shall perform inspections to realize that the plications ling of mercury compounds or materials
preliminary and periodical medical examinations provided for hereof are made. containing mercury as well as any work
~or s~ch .a job, they. shall carry out all necessary tests, medical or laboratory necessitating exposure to dust or fumes of
!nvestagatlons to reahz~ that .Iabo~rers are free from occupational diseases or mercury, its compounds or materials con-
infected; and meanwhile to Identify the extent of such infection. taining mercury. Preparation and manu-
facture of mercury compounds, manufac-
ARTICLE 10 ture of mercurial factory instruments and
measurement guages. Preparation and
This Resolution shall be effective the date of its promulgation and shall be handling of mercurial by-products. Prepa-
published in the Official Gazette. ration of chlore. Extraction of gold by
means of mercury for the purpose of
gilding with mercurial goldsmith works.
Manufacture of explosives; and mercury
handling in workshops and laboratories.
3. Arsenic poisoning Any work requires the use or handling of
MINISTER OF SOCIAL AFFAIRS & LABOUR and complications arsenic or its compounds, or materials
containing arsenic as well as any work
Hamad Mubarak AI-Ayyar necessitating exposure to dust or fumes of
arsenic, its compounds or materials con-
taining arsenic including, for example and
not enumeration, the industry and use of
dyes, paints and colours, insecticides and
Issued oa 21st August 1973 the embalming of birds or beasts.
4. Antimony poisoning and Any work necessitating the use or hand-
complications ling of antimony, its compounds, materials
containing antimony as well as any work
necessitates exposure to dust or fumes of
antimony or materials containing the
same.
5. Phosphor poisoning and com- Any work requires the use or handling of
plications phosphor, its compounds, materials con-
taining the same as well as any work
necessitating the exposure to dust or fumes
thereof.
76
77
 6. Poisoning by benzole or its Any work necessitating the use of handling
isomers such as amido & nit- of ~uch materials besides any work necessi-
ro compounds and any perti- tating exposure to their dust and fumes.
nent complications
7. Manganese poisoning and ~ny work necessitating the use or hand-
complications ling of manganese, its compounds or mate-
rials containing the same as well as any
work requires exposure to dust or fume or
manganese, its compounds or materials
containing the same.
8. Chromium effects resulting in Any work requires preparation use or
ulcers and complications handling of chromium, chromic a~id, chro-
mates, sodium potassium, zinc dichro-
mates or any material containing such
compounds.
9. Sulphur poisoning and com- Any work necessitating the use or hand-
plications ling of sulphur, its compounds or materials
cont~ning the same besides any work
requires exposure to dust or fumes of
sulphur its compounds or materials there-
of.
10. Affection by nickel the Any ~ork necessitating the preparation,
ulceration and complications forma~lOn, use ?r.handling of nickel or any
arising therefrom matenals containing the same or its com-
pounds, including the plating of other
metals with nickel or its moulding with
other metals in casts to nickel carbonyl
gas.
11. Carbon monoxide poisoning Any work necessitating exposure to car-
and complications bon monoxide, including for example and
~ot ~nu!'ler~tion, its processing or applica-
non In lighting or generation of heat for all
purpos.es or carbon monoxide generations
ag~s, In sa~e pl~ces, such as garages,
bncks and Itme kilns, well sand mines.
12. Poisoning by hydrocyanic Any work n.ecessitating the preparation,
acid and complication result- use or handhng of hydrocyanic acid or its
ing thereform compounds as well as any work requires
exposure to any gases, spray or dusts
thereof including for example and not
enumeration the preparation and use of
insecticides containing the acid or its com-
pounds besides spraying of plants and
vegetation by such acid or its compounds
for instecticides purposes.
13.Chlorine, flourine and bro- Any work n.ecessitating the preparation,
mine poisoning and com- use or handling of these materials includ-
plications ing exposure to their fumes or dust and for
instance but not enumeration the prepara-
tion and use of chlorine for water purifica-
tion a~ water disalination plants, chemical
factones, laboratones, and its use for
curing on glass articles and plants of water
distillation and purification. ' factories.
14. Poisoning by petroleum Any work ne~ssitating the handling or
gases, derivatives and com- use of petrol, Its gases or derivatives as
plications well as any work neceSSitating exposure to
78
solid liquids or gases including for example
and not enumeration petroleum pumpmg,
refining, processing of petroleum products
or use of petroleum in any place or
machine.
15. Chloroform and carbon tet- Any work necessitating use or handling of
rachloride poisoning and these materials or necessitating the expo-
complications sure to their fumes or fumes containing the
same including work in hospitals, factor-
ies, pharmacies and their use as solvents in
industry or the field of laundries.
16. Ethyl tetrachloride, ethylene Any work necessitating the use or hand-
trichloride and other ling of such materials or exposure to their
halagenic derivatives of the fumes or any other fumes containing the
aliphatic group of hydrocar- same, for example and not for limitation,
bon compounds the industry of dyes, paints, varnishes or
coating with pertinent solvents, as well as
the manufacturer of plastics, tanning,
spectacles frame-making or in case of their
use as solvents in cloth dyeing and
washing.
17.Pathologic symptoms and dis- Any work necessitating exposure to such
eases caused by radium, materials or their compounds, including
radio-active or ionising mate- for example and not limitation, work in
rials and X-Ray laboratories, factories and hospitals as well
as preparation and handling of radio-
active isotopes X-Ray and dial luminous
painting.
18.Chronic and acute skin irrita- Any work necessitating exposure to any
tions eczema primordiat skin irritation, inflaming or corrosive material
cancer, eye inflammation and whether solid, liquid or gaseous, including
ulceration. for example and not limitation, exposure
to mineral oils, paraffine and its products
as well as tar, asphalt, bitumen acids and
alkali compounds etc.
19.Eye affections made by heat Any work necessitating continuous or re-
and light and any pertinent current exposure to heat, blaze or radia-
complications arising there- tion, emanating from high temperature
from. autoclaves and stores fusing metals or glass
as well as ultraviolete lamps or intensive
glow lamps.
20. Lung dust diseases arising Any work necessitating exposure to newly
from: generated dusts of silica or any substances,
1. Silica dust containing silica exceeding 5% of such
2. Asbestos dust material including for example and not
3. Cotton limitation work in mines, stone-quarries.
bricks and stone making from silica con-
taining materials as well as stone engraving
or grinding. stone-home making. metals
polishing with sand besides any work
involving asbestos or exposure to cotton
dust in grinding, spinning and weaving
21. Anthrax Any work requires contact with animals
infected with disease or requires the hand-
ling of their carcasses including skins,
hooves, horns and furs
79
 PERIODICAL MEDICAL EXAMINATION RECORD
Company : ------------------------------------------------------- Name of Labourer: --------------------------------------------
Ref. No. : ------------------------------------------------------------------Age: ------------------------------------------------------------
Items of Examination: ----------------.---------------------------------------------------------------------------------------------------
Date Respiratory Urinary and Nervous Gastro- I Visual Auditory I Skin
Circulatory
System
System Genital
System
System intestinal
System
System I System
- Pulse -Nose - Kidney ~ Condi- - Teeth - Condi- - Condi- -Normal
rate - Bronchus - Bladder tion of-Gum tion tion of - Inflamation
- Heart - Bronchioli - Genital nerves- Mouth of eye ears - Eczema
size - Respira- system r- Condi-- Stomatch - Visual - Hearing -Tumors
- Valves tory rate - Other tion of- Intestine acuity acuity
- Other symptoms memory - Constipa-
symptoms r- Refl- tion I I I I -'
00
exes Diarrhea
~ Other -
Liver and
symp- Spleen
tom
LAB EXAMINATION
Urine Stool Blood X-Ray Other examinations
- Colour - Colour -Haemoglobin % - -
- Albuminoid - Microscopic - Red Blood , - , -
- Diabetes exam. Corpuscles
- Micro- - Other exami- - White blood
scopic nation. corpuscles%
\ - Other exam.
I I /
-Vbl) ••..• 1~4) 14)"'=
"'..c: C '(;j 0 '(;j
C '" . >< - U._
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N :Q
 MINISTERIAL RESOLUTION NO. 18 OF 1973 MINISTERIAL RESOLUTION NO. 19 OF 1973
IDENTIFYING THE INDUSTRIES WHERE THE EMPLOY-
MENT OF JUVENILES IS PROHIBITED CONCERNING FIRST AID KITS
The Minister of Social Affairs and Labour, The Minister of Social Affairs & Labour,

Having perused Articles 17, 19,21,22, 95, 97 and 98 of Law No. 38 of 1964on
the Private Sector Labour; and
The Ministerial Resolution No. 17 issued on 21.8.1973 concerning Occupa-
tional Diseases;; and
Pursuant to the proposals made by the Ministry of Public Health; and
Having perused Articles 44, 95, 97 and 98 of Law No. 38 of 1964 concerning
the Private Sector Labour; and
The proposal made by the Ministry of Public Health; and
The presentation of the Under-Secretary

The presentation of the said report duly made by the Undersecretary of the
Ministry. HEREBY DECIDES:
HEREBY DECIDES: ARTICLE I
ARTICLE 1 Every establishment subject to the provisions of this Resolution shall provide
and maintain a First-Aid-Kit containing at least the following quantities of
Juveniles of either sex are prohibited to work in the following industries and Medicines, Bandages and Antiseptic Materials:-
works:-

a. Quarries
b. Asphalt Industry TYPE QUANTITY
c. Asbestos Industry Muslin bandages IOcm 10 Rolls
d. Sand Bricks Industry and any other industries where labourers are exposed to Muslin bandages 5 em 10 Rolls
Silica dust Medical cotton wool 1 Kilo
e. Ionised radiation works Box containing Antiseptic dressing 1 No.
f. Oil and natural gas extraction, Petrol refining Industry and Petrochemical Mercurochrome water solution 500cc
plants. Pure Alcohol l00cc
g. Works in vicinity of metal fusing and forging furnaces. AIcholic mecurochrome solution 500cc
h. Handling of explosive and any pertinent works Iodine Tincture 500cc
i. Manufacture and handling of insecticides Picric Acid Water solution 500cc
j. Manufacture and Repair of Electric Batt~ries . Antiseptic Vaseline 5 tubes
k. Work in Organic Fertilisers Industry or m their relevant warehouses Boric Acid Solution l00cc
I. Slaughter houses, Abattoirs and terminus Eye bath 2 Nos.
m. Chlorine and Soda Industry Elasto-compressing bandage (Tourniquet) 2
n. Doco painting .,. . Thigh side splint 2
o. operation and supervision of moving machinery or their m~mtenance. Let Back Splint 2
p. All types of work require handling or use of lead, petrol,. arsemc,. phosphor or Forearm side splint 2
any of the materials specified in the table of Occupational Diseases. Shoulder splint 2
Arm Angular Splint 2
ARTICLE 2 Stretcher 2
This Resolution shall be operative the date of its promulgation, and shall be
published in the Official Gazette.

ARTICLE 2
MINISTER OF SOCIAL AFFAIRS & LABOUR The contents of First-Aid-Kit shall be replenished first by first.

IIaDuId Mub8nk Al-Ayy ••. ARTICLE 3

The competent officials shall have the right to request adding any further
materials the nature of firm work may necessitate to be available.
82 83
 ARTICLE 4
MINISTERIAL RESOLUTION NO. 23/1974
This Resolution shall be enforced the date of its promulgation and shall be ORGANISING THE PROCEDURE OF MEDICAL
published in the Official Gazette.
ARBITRATION IN EVENT OF INDUSTRIAL ACCIDENTS
AND OCCUPATIONAL DISEASES
The Minister of Social Affairs & Labour
MINISTER OF SOCIAL AFFAIRS & LABOUR Having perused Article 63 of Law No. 38 of 1964 on the Private Sector
Labour; and
Hamad Mubarak AI-Ayyar
The Ministerial Resolution No.8 concerning the Table fixing the Permanent
Disability Percentage in the event of Industrial Accidents and Occupational
Diseases; and
The Minutes of the fifth meeting duly held on 12.2.1974 between the Ministry
of Social Affairs & Labour and the Ministry of Public Health on co-ordination of
the Inspection Procedures between them; and

Issued on: 17th September 1973 The letter No. 22122 dated 2.12.1973 of the Ministry of Public Health
covering a proposal for the organisation of a medical Arbitration Procedure; and

The letter No. 1072 dated 19.3.1973 of the Ministry of Interior approving its
participation in the membership of the Committee for the Assessment of
Percentages of Disability resulting from Industrial Accidents and Occupational
Diseases; and

Pursuant to the proposals made by the Under-Secretary of the Ministry

HEREBY DECIDES:

ARTICLE 1
A Medical Arbitration Committee shall be constituted in the following
manner:-

1. A physician to be appointed by the Ministry of Public Health CHAIRMAN

2. A Forensic Medicine Physician to be appointed by the Ministry of Interior

MEMBER

3. A Physician specialized in the branch of the disease in question or the

subject-dispute MEMBER

4. A labour Investigator, to be appointed by the Ministry of Social Affairs &

Labour MEMBER

The Committee membership may include any expert the Committee deems fit
to seek his advise.

ARTICLE 2
The Committee shall hold a meeting at the invitation of the Chairman
whenever necessary.

ARTICLE 3
The Committee shall hear all challenges and contests submitted by labourers
84
85
or employers regarding industrial accidents, occupational diseases, the per,!,anent
percentage of disability resulting from such accidents or the medical certJficat.es
issued by the treating physicians, whether of Government, Private or lndustnal
Sectors.
ARTICLE 4
Such a challenge shall be submitted, in writing, to the competent Labour
Office within a period not exceeding 90 days from the date of receipt of the
medical certificate or report issued by the treating physician.
The Labour Office shall within one week from the date of the challenge
submission refer the same to the Chairman of the Arbitration Committee.
Any challenge submitted after the expiry of the period referred to in Article 4
hereof shall not be considered.
ARTICLE 5
Decisions of the Medical Arbitration Committee shall be final and incontest-
able in any manner whatsoever is.
ARTICLE 6
This Resolution shall be published in the Official Gazette shall be effective
the date of its publication thereof.
MINISTER OF SOCIAL AFFAIRS & LABOUR
Hamad Mubarak AI-Ayyar
Date: 16.5.1974
86
MINISTERIAL RESOLUTION NO. 24 OF 1975, FORMING THE
PREPARATORY COMMITIEE PERFORMING THE ACCI-
DENTS PROTECTION MEASURES FUNCTIONS
The Minister of Social Affairs & Labour.
Having perused the Law No. 18of 1960 concerning the Public Sector Labour
Law and implementing resolutions thereto; and
Private Sector Labour Law No. 311of 1964 and all implementing resolutions
thereto; and
Oil Sector Labour Law No. 28 of 1969; and
The minutes of the meetings of the Governmental Ministries and Organiza-
tions representatives. concerning accidents protective and precautionary mea-
sures; and
Pursuant to the proposal made by the Undersecretary of the Ministry.
Hereby decides:-
ARTICLE I
A Committee shall be formed in the following manner and called "Accidents
Protective Measures Committee"
I. I) A representative of the Ministry of Social & Labour --------------.---- Chairman
2) A representative of Kuwait Chamber of Commerce & Industry ------- Member
J) A representative of General Trade Union Federation of Kuwait i.e.
(Labourers and Employees) -------------------------------------------------------Member
4) A representative of the Joint Sector (Public-Private Sector) ----------- Member
5) A representative of Oil Sector ----------------------------------.. ---------:--- Member
6) A representative of Private Sector --------------------------------------------Member
7) A representative of Insurance Companie. ----------------------------------Member
The committee may seek the assistance of any technical expert deemed
competent to advise on the topic under discussion.
ARTICLE 2
The Accidents Protective Measures Committee shall assume the following
functions:-
a) Conducting studies and researchers in the area of safety within the various
labour sectors i.e. (Governmental. Private. Oil and Joint Sector).
b) Compiling statistics and data relating to all protective and precautionary
measures in various firms and institutions.
c) To study safety rules and regulations in various firms and institutions.
or employers regarding industrial accidents, occupational diseases, the per'!lanent
percentage of disability resulting from such accidents or the medical certJficat.es
issued by the treating physicians, whether of Government, Private or Industrial
Sectors.
ARTICLE 4
Such a challenge shall be submitted, in writing, to the competent Labour
Office within a period not exceeding 90 days from the date of receipt of the
medical certificate or report issued by the treating physician.
The Labour Office shall within one week from the date of the challenge
submission refer the same to the Chairman of the Arbitration Committee.
Any challenge submitted after the expiry of the period referred to in Article 4
hereof shall not be considered.
ARTICLE 5
Decisions of the Medical Arbitration Committee shall be final and incontest-
able in any manner whatsoever is.
ARTICLE 6
This Resolution shall be published in the Official Gazette shall be effective
the date of its publication thereof.
MINISTER OF SOCIAL AFFAIRS & LABOUR
Hamad Mubarak AI.Ayyar
Date: 16.5.1974
86
MINISTERIAL RESOLUTION NO. 24 OF 1975, FORMING THE
PREPARATORY COMMITTEE PERFORMING THE ACCI-
DENTS PROTECTION MEASURES FUNCTIONS
The Minister of Social Affairs & Labour,
Having perused the Law No. II! of 1960 concerning the Public Sector Labour
Law and implementing resolutions thereto; and
Private Sector Labour Law No. 3/l of 1964 and all implementing resolutions
thereto; and
Oil Sector Labour Law No. 28 of 1969; and
The minutes of the meetings of the Governmental Ministries and Organiza-
tions representatives. concerning accidents protective and precautionary mea-
sures; and
Pursuant to the proposal made by the Undersecretary of the Ministry.
Hereby decides:-
ARTICLE I
A Committee shall be formed in the following manner and called "Accidents
Protective Measures Committee"
I. I) A representative of the Ministry of Social & Labour ----------------- Chairman
2) A representative of Kuwait Cham her of Commerce & Industry ------- Member
J) A representative of General Trade Union Federation of Kuwait i.e.
(Labourers and Employees) -------------------------------------------------------Member
4) A representative of the Joint Sector (Public-Private Sector) ----------- Member
5) A representative of Oil Sector ----------------------------------------------.---
Member
6) A representative of Private Sector --------------------------------------------Member
7) A representative of Insurance Companie. ----------------------------------Member
The committee may seek the assistance of any technical expert deemed
competent to advise on the topic under discussion.
ARTICLE 2
The Accidents Protective Measures Committee shall assume the following
functions:-
a) Conducting studies and researchers in the area of safety within the various
labour sectors i.e. (Governmental. Private. Oil and Joint Sector).
b) Compiling statistics and data relating to all protective and precautionary
measures in various firms and institutions.
c) To study safety rules and regulations in various firms and institutions.
d) To fo.llo~ up all recommenda~ions proposed by regional and international
orgamzations and the appropnate bodies specialized in the issues of safety MINISTERIAL RESOLUTION NO. 2S OF 1975 ON JUVENILES
measures. EMPLOYMENT
e) To study the possibility of utilizing the technical assistance offered by The Minister of Social Affairs & Labour,
international bodies in this respect.
Having perused Articles 19 and 97 of Private Sector Labour Law No. 38 of
f) To study the extent of significance regarding the establishment of a Research 1964,
Institution within the area of Industrial safety.

g) Presentation of opinions, proposals and recommendations within the field of HEREBY DECIDES:-
legislatidns, control, inspection, scientific research, incentives, symposiums,
exhibitions, information. training and awareness.
ARTICLE I
Juveniles of either sex may not be employed on any work unless a permit is
secured from the Ministry of Social Affairs & Labour in this respect. Such a permit
ARTICLE 3 is required to be renewed every year.
The committee shall meet periodically once every month, and its reporter
shall assume the duties of calling the Committee to hold its meetings. Applications for securing the said permit shall be submitted to the Ministry,
duly including the following:-
ARTICLE 4
a) The name of the Employer
The Undersecretary of the Ministry shall, upon agreement with the
Authorities concerned, issue a resolution duly nominating the Chairman and b) Address and branches of the Firm.
members of the said committee.
c) Nature of work to be carried out by the Juvenile
ARTICLE 5
d) Names of foremen supervising the juveniles' work.
This Resolution shall be published in the Official Gazette, and be enforced
with effect from the date of its publication. ARTICLE 2
Juveniles of age varies between 14 and 18 years shall not be employed, save
after securing a valid labour identity card from the Ministry of Social Affairs &
Labour, duly comprising the following:-

MINISTER OF SOCIAL AFFAIRS & LABOUR a) Name and surname of Juvenile

b) Name of Juvenile's guardian

c) Nationality of Juvenile

Issued on 26.4.1975 d) Juvenile's place of residence

e) Juvenile's age

f) Juvenile's medical fitness and date of his/her medical examination.

g) Nature of work to be performed by the Juvenile.

ARTICLE 3
Any employer engaging juveniles in service shall satisfy the following:-

a) To draw up first by first a list showing the name and years of age of each
juvenile, together with the date of employment and the type (nature) of work
carried out by himlher.

b) To post in a conspicuous place at the site of work a list clearly showing the
working hours and break-periods of such juveniles.
88
89
 ARTICLE 4 MINISTERIAL RESOLUTION NO 28 OF 1976 DEFINING THE
This Resolution shall be operative the date of its publication in the Official TERM "NIGHT"
Gazette. The Minister of Social Affairs & Labour

Having perused Private >ector Labour Law No. 38 of 1964,

MINISTER OF SOCIAL AFFAIRS & LABOUR
HEREBY DECIDES:-
ARTICLE 1
The Term "Night" specified in the Labour Law referred to hereof means t.he
period of consecutive eleven hours fall between 7.00 (seven) p.m. and 6.00 (SIX)
a.m.

ARTICLE 2
This Resolution shall be published in the Official Gazette; and shall be
Issued 00: 18.12.1975 operative the date of its publication.

MINISTER OF SOCIAL AFFAIRS & LABOUR

SALEM AL SABAH

hsued on:: 13.1.1976

91
MINISTERIAL RESOLUTION NO. 35 OF 1977 CONCERN-
ING ENTRY PERMITS TO DANGEROUS INDUSTRIAL MINISTERIAL RESOLUTION NO. 42 OF 1979
AREAS AND OTHERS PERTINENT TO CONSTITUTION OF THE STANDING
COMMITTEE FOR COORDINATION OF WORK BE-
The Minister of Social Affairs & Labour. TWEEN THE MINISTERS OF SOCIAL AFFAIRS &
After perusing Law No. 38 of 1964 regarding the Private Sector Labour; and LABOUR AND PUBLIC HEALTH IN THE FIELD OF
VOCATIONAL SAFETY AND HEALTH
Law No. 28 of 1969 regarding work in the Oil Business Sector; and
The Minister of Social Affairs & Labour.
The Ministerial Resolution No. 32 of 1977 regulating entry to the dangerous
industrial areas and the other industrial areas; and Having considered Law No. 38 of 1964 on the Private Sector Labour; and

Acting on the public interest needs; and Law No. 28 of 1969 concerning Labour in the Oil Business Sector; and

Pursuant to the representation by the Undersecretary of the Ministry. The Council of Ministers' decision at its session No. 26-27 concerning
effective coordination between Vocational Safety Bodies at the Ministries of
DOES HEREBY DECIDE: Social Affairs & Labour and Public Health; and

Ministerial Resolution No. 24 of 1975 constituting the prepartory Committee

ARTICLE 1
The third Article of Ministerial Resolution No. 32 of 1977 regulating entry
into dangerous industrial areas and other industrial areas shall be substituted by
the following text:
"The concerns mentioned in the first Article shall regulate entry permits to
their premises in agreement with the Ministers of Interior and Social Affairs &
Labour. The consent of the Ministry of Interior shall be sought for appointments
to every post whose duties will include inspection of entry permits to such
concerns. The Ministry of Social Affairs & Labour shall be notified of the names
of those" appointed in these posts.
ARTICLE 2
The provisions of this Resolution shall apply the date of enforcement of
Ministerial Resolution No. 32 of 1977.
for protective procedures against incidents; and
Minutes of the meetings between the Ministries of Social Affairs and Labour
and Public Health to coordinate activities regarding Vocational Health and Safety;
and
Pursuant to the representation made by the Undersecretary of the Ministry.
IT IS DECIDED:
ARTICLE I
A Standing Committee to coordinate work between the Vocational Health
and Safety Bodies at the Ministries of Social Affairs & Labour and Public Health
shall be constituted as follows:
1. A representative of the Ministry of Social Affairs and Labour
CHAIRMAN

2. Two members for each of the Ministry of Social Affairs & Labour & The
ARTICLE 3 Ministry of Public Health MEMBERS
This Resolution shall be published in the Official Gazette.
ARTICLE 2
The Committee stipulated for in the preceding Article shall perform the
following:
MINISTER OF SOCIAL AFFAIRS & LABOUR 1. Preparation ?f the plan of a~t.ion in respect of Vocational Health and Safety in
implementation of the provrsrons of Law No. 38 of 1964 concerning labour in
Salem AI-Sabah the Private Sector and Law No. 28 of 1969 pertinent to the Oil Sector Labour
and their executory rules and Ordinances.

2. Endorsement of the measures necessary for implementing the action plan and
Issued on: 19th Safar, 1398, A.H. the method of inspecting the industrial. a!ld oil seclo~s without prejudicing the
Correspoodm, 10: 7th Feb. 1978 A.D. agreements concluded between the MInistry of Social Affairs & Labour and
Shuaiba Area Authority.

3. The Co~pilation of studies and researches on Vocational Health and Safety in

the vanous labour spheres for submission to the preparatory committee for
protective measures against incidents.
94
95
4. Consider draft resolutions relating to Vocational Health and Safety prior to MINISTERIAL RESOLUTION NO. 43 OF 1979 ON THE PRE-
promulgation. CAUTIONARY MEASURES AND CONDITIONS TO BE SATIS-
FlED IN AREAS AND SITES OF WORKS FOR PROTECTION
5. Analysis of annual reports on works of Vocational Health and Safety by each of
the two bodies at the Ministries of Social Affairs and Labour and Public Health. OF LABOURERS, MACHINERY , INSTALLATIONS AND
HANDLED MATERIALS AGAINST WORK DANGERS,
6. Suggestion of necessary training programmes, at home and abroad, to upgrade HEALTH HARMS AND OCCUPATIONAL DISEASES
work performance for submission to the Competent Authorities.

7. Recommending the necessary researchers in the field of Vocational Health and

Safety. The Minister of Social Affairs & Labour,
ARTICLE 3
The Committee shall hold periodic meeting at least once every month on an Having perused Law No. 38 of 1964 concerning the Private Sector Labour
invitation by its Chairman. Law, and all amendments thereto; and

The Committee may enlist the help of persons of expertise in the matters Law No. 28 of 1969 on Oil Sector works; and
brought before it.
The Ministerial Resolution No. 17 of 1973, on occupational and industrial
ARTICLE 4 diseases, including the relevant industries and diseases causing the same; and
The Committee shall submit minutes of its meeting to the Minister of Social The Ministerial Resolution No. 18 of 1973 identifying the industries where the
Affairs & Labour for approval and shall send copies thereof to the Minister of employment of Juveniles is prohibited; and
Public Health.
The Ministerial Resolution No. 19 of 1973 concerning First Aid Kits; and
ARTICLE 5
The Ministerial Resolution No. 22 of 1974, concerning the precuationary
The Undersecretary of the Ministry shall issue a resolution nominating the measures required to be satisfied for the protection of labourers against dangers of
Chairman & members of the committee. accidents and occupational diseases; and
ARTICLE 6 The Ministerial Resolution No. 23 of 1974, organizing the Procedure of
This resolution shall be published in the Official Gazette and shall be effective Medical Arbitration in the event of industrial accidents, and occupational
diseases; and
the date of its publication.
The Ministerial Resolution No. 24 of 1975 forming the Preparatory
Committee assuming the functions of labourer's protection against accidents; and

MINISTER OF SOCL\L AFFAIR & LABOUR The Ministerial Resolution No. 25 of 1975, concerning the employment of
Juveniles; and
Abdul Aziz Mahmoud
The Ministerial Resolution No. 30 of 1977, concerning the powers of the
competent officials supervising the implementation of the Labour Laws and their
executive resolutions and rules, within the scope of occupational and industrial
safety;; and

Issued OD 8th llIijab 1399 H The Ministerial Resolution No. 32 of 1977, organizing entry into the
CorrespoadiDg to: 3rd June 1979 A.D. dangerous industrial areas; and

The Ministerial Resolution No. 35 of 1978, governing entry permits to

dangerous industrial areas; and

After having secured the opinion of the competent authorities, and

Upon the requirements of the Public interest; and

Pursuant to the proposal of .tlie Undersecretary of the Ministry,

96 en
HEREBY DECIDES:-
CHAPTER I
SAFETY AND MEDICAL PRECAUTIONARY MEASURES RE-
QUIREMENT TO BE SATISIFIED FOR OPERATIONAL PUR-
POSES
ARTICLE I
Every employer shall take all precuationary measures' required to ensure that
the operational conditions prevailing at the various places and sites of work secure
a thorough protection for labourers and frequent visitors against hazard to health
and occupational diseases and injuries by observing the following.-
a) To install an effective control system, duly securing the existence of safety
throughout the work environment besides ensuring that all labourers are
strictly observing the protection instructions laid down.
b) To provide effective protection throughout the places of work, and secure the
safety of operating and using the various types of equipment and machinery.
c) To take all precautionary measures required when using materials under
handling.
ARTICLE Z
Every employer shall, upon employment or transfer of any labourer from one
job to another nature of which is different from the former one, observer the
following>
a) To keep the labourers well acquainted with the potential hazards of their
traders and health of which they may suffer, together with the relevant means
and precautionary measures to be observed for protection against hazards to
health and occupational diseases.
b) To keep the labourers well acquainted with the precautionary means and
measures required to be taken in respect of each trade and the method of
applying the same. . the P?t.entlal hazar~~ of stonng tnflammabl~ materials, compressed gases and
c) To train labourers on how to use and apply the alarm devices, fire fighting
equipment and extinguishers whenever necessary.
ARTICLE J
Everv person working at the place of work, frequently visiting the same or
always located there shan strictly abide by safety and occupational health
regulations, besides cooperating with the employer, the Safety Officers and the
Medical Unit Staff in charge of the work area service, in implementing the said
regulations and instructions. Furthermore, he shall use the safety means available,
and shall neither hinder their performance nor remove them, transfer them or in
any manner whatsoever interfere with the operational methods. Moreover, he is
required to keep the employer or the work area medi~ unit staff informed of any
shortage of deficiency in the performance of such eqwpment which may cause any
potential danger, hazard or harm to health.
98
CHAPTER II
PRECAUTIONARY MEASURES REQUIRED FOR SAFETY OF
MACHINERY, EQUIPMENT AND PERSONAL PROTECTION
ARTICLE 4
Every emplo~er shall, when erecting and arranging equipment and machin-
er~, lea~e a suffi~lent space, adequate.ly suitable ~o allow labourer to pass freely
a~ pe orm their duties, .together with any maintenance operations required,
Wllh~ut any obst~c1esor being exposed to the potential danger of collision, besides
secunng such SUItable emergency exits.
ARTICLE 5
The employer shall constantly encircle every moving part of any prime-
move~, as well as eve~y part of tr~nsmis.sion gear and every dangerous part of any
machtnery. whether fixed or mobile, WIth such suitable protective fences unless
suc~ ma~hInery or parts of a construction designed as completely safe as ii would
be If entJre~y cove.red with a protective fence. Moreover, no protective partition
shall ~ adjusted I~stalle.d or removed, unless the machine is completely out of
operalton: A certain device such as a swi~ch of traini~g off power supply shall be
made available nearby the releva~t machine to. stop Its operation in the event of
emerg~ncy. Furthermore, no ~atntenance,. adjustment, checking or lubrication
operations shall be made while the machines are operating.
ARTICLE 6
Every employer shall provide such suitable protective gear and means for the
~u~se of J;lrotecltng labou~ers again~t accidents and injuries resulting from use of
lifting, towing and conveying machinery and equipment.
ARTICLE 7
Every employer shall take all precautionary measures required to protect
labourers against the danger of falli~g, .falling bodies, scattered and dispersed
fragments, splas.he~ and spat.tered liquids, sharp bodies, leakage of caustic,
burning or hot liquids and/or tnflammables or any other materials of a harmful
effect. He must take the nece~sary.preventive measures to protect labourers from
electricity by providing the relevant secunty and all suitable precautionary
measures.
ARTICLE 8
The employer shall, in cases where the applicable protective methods are not
adequa~ely sufficient for securing the safety of labourers, provide them with
protecltve clothes, a~ well as personal tools and means of protection such as
g~gles, caps, ~elts, Jackets, masks and such other protective clothes provided
that they ~re SUItablefor the nature of operations carried out by the la~urers and
t e matenals used for each operation. Moreover, labourers must be trained on
~ow t? use and apply the said protective tools and means which must always be
ept tn a proper, safe, clean and antiseptic manner.
ARTICLE 9
Residues and refuses of inflammable and explosive materials shall not be
99
thrown on floors and/or left over therein. but they must be removed immediately
first by first in conformity with safety precautionary measures and regulations. order to prevent any stagnation or slow freshness of air. besides avoiding harmful
air draughts and vitiation, high humidity or excessive heat, and/or effecting any
CHAPTER III sudden change thereof. or admitting the propagation of noxious odours.

b) In the event ?f any.out door work performed in an exposallocation, labourer

PROTECTION REQUIREMENTS AGAINST HARMS OF CHE- sha~1be provided with all necessary preventive means which sh~1Iprotect t~em
MICAL MATERIALS agamst being exposed to any hazards to health or occupational diseases, besides
providing all the precautionary measures required so as to avoid the said
ARTICLE 10 hazards to health at the place and/or site or work.

It must be observed that labourers shall neither be exposed to any harmful ARTICLE 13
materials which may cause cancer infection nor they are required to touch su~h
materials unless a relevant special permit is secured from the concerned authority Cool. clean potable water shall be provided in sufficient quantities,
at the Ministry of Public Health, particularly in case of the following substances:- according to the number of labourers. Water supply points shall be distributed
at suitable and easily accessible places. In the event of water supply being
- Acetyl Amino-t1ourine reserved for work or fire fighting purposes. an indication to that effect shall
- Vinyle Di-amine clearly be made thereon.
- Benzene and slats (chlorobenzene)
- Benzoin dichloride ARTICLE 14
- Amino-azo-nitrous di-methyl.
Every firm shall be equipped with a sufficient number of water-closets,
- N. Nitroso-divinyl-amine adequately conforming with the relevant number of labourers. The said
- Propio-Lactone
water-closets must be equipped with appropriate detergents. adequate ventila-
- Benzole (substance). tion and lighting.
ARTICLE II
Necessary precautionary measures must .be taken ~o prevent eXJ?Osur~.of ARTICLE IS
labourers to any chemical and/or dust mixture which may be Identified In the event of industrial residue disposal, it must be observed that such
hereinafter. Any mixture of materials or substances is deemed to be surpassed the resude shall be disposed of in a manner preventing the leakage of any chemical
safety limits if the resultant of: materials, acids and/or alkaline substances or any other decay-causing-material
al a2 which may affect or damage the drainage channels or pollute the sea water.
- + - exceeds the whole figure on, where "a"
bl b2 ARTICLE 16
represents the degree of substance concentration. at the wO.rk.atmosph~re, and "b"
In industries where the body or clothes may be soiled, a special place for
represents the maximum degree of concentration permissible within the work
the labourers to change clothes therein, properly equipped with cupboards or
atmosphere for the same substance. lockers shall be provided.

CHAPTER IV
ARTICLE 12
HEALTH PRECAUTIONARY MEASURES TO BE SATISFIED
AT THE PLACES OF WORK
Every employer is required to observer that the following health precaution-
ary measures are provided at the place of work:-
a) In case or indoor work within the employer's installations & shops:
1) Ceilings must be suitably fitted in a manner insulating the interior surrounding
atmosphere from the exterior heat.
2) The distributions of all outl~ts, ~in~ows, light-inlets' and openings must .be
made in a manner properly diffusing hght throughout the place of work, which
must not be hindered by any obstacle whatsoever.
3) Natural and/or artificial ventilation therein shall be adequate and appropriate in
100
ARTICLE 17
In every industrial firm where fifty (50) labourers or more are engaged a
First-Aid-Room shall be provided. In case a doctor is employed to be in charge
of the firm labourers' treatment. a suitable clinic shall be made available in
order to meet the relevant number of workers.
ARTICLE 18
In case of industrial process and/or machinery operation of which may
result in the generation of harmful dust, smoke or gases, special rooms or a
seperate building, detached from main building of the firm shall be assigned for
the same, so as to prevent the spread of the said polluting materials and gases in
the atmosphere of the entire industrial firm. Moreover, they must equipped
with such suitable exhaust equipment and devices.
ARTICLE 19
In the event of machinery or equipment causing excessive convulsion and
loud noices, such machinery and equipment shall be tightly fixed on shock
101
 a osoroe no corrvutsron COnITOI ses. properly Isolate in a compatible
manner to reduce the said loud noice. Such registers registered shall be prepared in conformity with the forms
prescribed by the Ministry of Social Affairs & Labour.
CHAPTER V
ARTICLE 25
ARTICLE 20 The Ministry of Social Affairs & Labour shall issue the guiding-tables which
will be ~pp~ied i~ the event of measuring any standards and/or criteria relat!n~ to
All petroleum installations. firms, ports explosives warehouses, liquified safety lighting with regard to various operations of precise accuracy, permissible
petroleum gas filling depots. o~ygen and amn:onia f~lIin~ depots an~ any ot~er rock dust , temperature, safety and security of dangerous materials and substan~s,
inflammable gases. together with any other industrial firm and/or installation causing hazards to health which may exist within the relevant work surrounding
whose labourers exceed a number of forty (40) are required to keep the Safety and environment. Such a guiding-table shall be issued after agreement is reached
Authority concerned at the Ministry of Social & Labour informed of the labour with the Ministry of Public Health in this respect.
accidents and injuries occured in their firms and installations i.n ~ccordance with
the provisions of this chapter by means of a quarterly statistical-report duly ARTICLE 26
covering the same and submitted once every three months.
The Safety Authority Concerned at the Ministry of Social Affairs & Labour is
ARTICLE 21 empowered to issue all detailed instructions and directives pursuant to the
implementation of this resolution. deemed to constitute an integral part of its
The average of labour accidents occured in every firm or installation shall provisions.
be calculated at the end of every year in the following manner:-
_ Average of accident's recurr- No. of accident occured x 1 million hrs. ARTICLE 27
ence: No. of labourers' actual working hours
- Average of accidents' severity: No. of days of work discontinuenity by The Safety Authority concerned at the Ministry of Social Affairs & Labour
the reason of accidents x 1 million hrs. shall draft a statement. covering the means of personal protection required.
No. of labourers' actual working hours. together will all distinguishing marks and codes. duly identifying protection
against labour accidents and injuries, which may be made after agreement with
ARTICLE 22 other competent authorities.

All firms and installations are required to notify the Safety Authority ARTICLE 28
Concerned at the Ministry of Social Affairs & Labour of all accidents, resulting
in injuries of labourers and/or damages of equipment or machinery. The provisions of this resolution shall be applicable to all works and
operations causing the occupational diseases specified in the Ministerial Resolu-
ARTICLE 23 tion No. 17 of 1973, as well as the industries and diseases resulting in the same,
besides the industries where juveniles are prohibited to work as precisely specified
All Insurance Companies concerned shall notify the Competent Safety in the Ministerial Resolution No. 18 of 1973. governing the OccupationaJ Health.
Authority at the Ministry of Social Affairs & Labour in .t~e event ~f
compensating or indemifying any firm subject to the provisions of this ARTICLE 29
resolution for any labour accidents occured.
Moreover, all oil industries, road works, building construction, demolition,
earth works and ports works are all subject to the provisions of this resolution,
with regard to every issue pertinent to the occupational safety.
CHAPTER VI
ARTICLE 30
GENERAL PROVISIONS The Ministerial Resolution No. 22 of 1974 concerning the precautionary
measures required to be satisfied for protection of labourers against injuries and
ARTICLE 24 occupational diseases shall be repealed.

Without prejudice to the provision of t.he Min,isterial Resolution No. 17 of ARTICLE 31

1973, on occupational diseases, and. such industries and dls~ases c~\KIng the
same, every employer shall maintain and keep the following registers and This resolution shall be published in the Official Gazette, and shall be
records at the place of work:· operative as from I. 7 .1979.

a) A register for sick labourers. suffering from occupational diseases.

b) A register for sick labourers. suffering from non-occupational diseases. MINISTER OF SOCIAL AFFAIRS & LABOUR
ABDUL AZIZ MAHMOUP
c. A register for labour-accidents and injured labourers.
102
103
 lA 2A
+ + TABLE 4
1B 2B
WHERE SAFETY CRITERIA AND LEVELS FOR DANGERS AND
HEALTH DAMAGING MATERIALS WHICH ARE
A - Time of exposition at specified noise level ALLOW ABLE TO BE PRESENT IN WORK
B - Allowable time of exposition at that level
ENVIRONMENT
The. noise strength exceeds the limits if the result of the equation is greater
than umty. NAME OF MATERIAL MAXIMUM ALLOWABLE
CONCENTRATION IN
4. The noise level stre~gth that results from the use of the heavy hammer mills MILLIGRAMS/M3
must not exceed 140 decibals as a maximum limit in any case whatsoever is.
Ammonia 18
Ammonium chloride (smoke) 10
Aniline 19
Rancid, its compounds and its derivatives 0.05
Petroleum Asphalt smoke 5
Cadmium (salt and dust cadmium Oxide) 0.2
TABLE 3 Calculated on Cadmium Elements basis 0.1
Carbon disuophide 60
TEMPERA TURE LEVELS SAFETY IN WORK ENVIRONMENT Carbon Monoxide 55
Carbon Tetrachloride 65
Divinyl Chloride 0.5
Chlorine Gas 3
The temperature level safety conditions under which work can be performed Chlorine Gas 3
without any multiple danger to workers and that which is suitable for the nature of Nitric Acid 5
the work the amount of effort applied, measured by the wet bulb thermometer is Nitogen Oxide 9
limited according to the following table Chloroform 50
Chromic acid calculated on chromium basis 0.05
Coal distillate vilatile and Benzene
Soluable 0.2
WORK SYSTEM LIGHT WORK MEDIUM HARD
Cresole 22
& REST EFFORT WORK WORK Formic Acid 9
Hydrogen Cucanide 11
Hydrogen Sulphide 15
Continuous 30°c 27.ooc
Inorganic lead and its compounds (smoke & dust) 0.15
75%work, 25%rest 30Sc 28.ooc
Manganese and its compounds 5
5O%work, 50%rest 31Sc 29Sc Mercury Organic Compounds 0.01
25%work, 75%rest 32.ooc 31.OOc
Methyl Chloride 210
Methyl Mecaptan 1
The temperature of wet bulb thermometer for different conditions of work is Naphthlein 50
calculated by the following equations:
Florine 2
Formaldelyde 3
Ozone 0.2
A. Work in open area under Sunlight exposition Phenol 10
Wet Bulb Thermometer reading Phophigine 0.04
- 0.7 Wet thermometer reading - 0.2 Phosphine 0.4
Globe Thermometer reading - 0.1 Burdine 15
Dry Thermometer reading Ketone 0.4
Salinium Dioxide 13
Diethyl Amine 75
B. Work under sheds or in outdoor shed locations Diphenly 1.15
Temperature of Wet Thermometer Etband Amine 6
- 10.7 Wet Thermometer reading Ethyl Mercaptan 1
- 0.3 Globe Thermometer reading Zinc Oxide 5
Chlorodan 0.5
l<A'J
107
NAME OF MATERIAL MAXIMllM ALLOWARLE
("ONCENTRATIO"l IN D. Stagnant dust that 10 milligram m3 air
MIU.I(;RAMS/M3 contains less than 1
free silica and which does
L.D.V.B. I not lead to distance but
Zinc Chloride I will create an unbearable
Alidrin 0.25 atmosphere during work
L.D.D.T 1
Dialidrin 0.25 ARTICLE 3
Methul Barthium 0.5
Suphuric Acid 1 The provisions of Article 97 of law No. 38 of 1964 on the Private Sector
Tetraethl lead 0.1 Labour shall be applied to any firm violating the provisions of this Resolution.
Trichlornaphthalein vanadium (based on
vanadium pentoxide) 0.5 ARTICLE 4
Dust 0.5 ~ Resolution shall be put into application with effect from the date of its
Smoke 0.05 publication In the Official Gazette.
Andrin 0.1
Amlathium 1
Barathium 0.1
Warfarin 0.1
UNDERSECRETARY
MINISTRY OF SOCIAL AFFAIRS & LABOUR
TABLE NO.5

LEVELS AND CRITERIA OF ROCK DUST ALLOW ABLE IN ISSUED NO. 17th Muharnun 1400 H.
WORK ENVIRONMENTS Corresponding to 6th December 1979 A.D.

1. The Maximum allowable concentration of free silica dust (Silicon Dioxide)

which is allowable in work environments in calculated according to the
following formula:

A. Estimate of maximum dust concentration impart per mili m. lIft3

300

% of free silica in sample

B. Maximum concentration of find dust size of which 5-01 micron estimated in

milligram per cubic metre of air

C. Maximum concentrati6n of all dust estimated in milligram per cubic meter of

air.

2. For the remainder of rock dust the maximum allowable concentration in work
environment will be as follows

MATERIAL CONCENTRATION
A. Maximum allowable concentration
Asbestos dust whose 2 Asbestos tissues
tissue's length is not for one cm3 of air
greater than 5 micron
B. Dust of Portland 30 million parts
Cement per one ft3 of air
C. Talk dust 20 million part 1 ft3
of air
1~
109
MINISTERIAL RESOLUTION NO. 46 OF 1979 CONCERNINC • f the firm owners to supply all that i~ co~sidered necessary. by the
THE JURISDICA TlON OF THE SECONDED EMPLOYEEs o . rting labour danger and reducing Its affects and raising the
or for at~ef culture against vocational diseases in Industries and works
FROM Iof protec IV,
THE MINISTRY OF PUBLIC HEALTH FOR SUPERVISlNG 'ng to heallh.
THE EXECUTION OF LABOUR LAWS AND REGULATIONS IN . out studi~s on dangerous works and. industries and materials used in
THE FIELD OF VOCATIONAL HEALTH Ind:s.ry to investigate causes for vocational diseases.

The Minister of Social Affairs and Labour r 'nary and periodical medical analysis provided for under the
~he J!re lre~enting the provisions of work legislations and carrying out
C~n~ide~ng Law "!o. 38 of 1964 regarding work in the Private Sector; an u,~sdlmp dicallLaboratory analysis to insure that the labourers are free
Ministerial ~esolutlOn No. 30 of 1977 .regarding the Jurisdiction of emplo eed __ wre me identif . h t accid t
·~'ional diseases, and identi ymg t e extent 0 accr en .
concerned With. supervising the execution of Labour Laws and impleme~' s
Ordinances and regulations; and n Ing ARTICLE 2
Pursuant to the leiter of the Department of Legislation and Legal Advice ". . Resolution shall ~ p~blished in the Official Gazette and shall take effect
Frrl2l20 10/2545 dated 14.7.1974 covering the right of Labour inspectors to ent~~ be date of its pubhcatlon.
the work areas; and

Ministerial Resolution No. 42 of 1979 forming the permanent Committee fo

co~ordinating wo~k betwee~ the Mi.nistry of Social Affairs and Labour and th~
Ministry of Public Health In the field of safety and vocational health and its
pertinent recommendation; and MINISTER OF SOCIAL AFFAIRS AND LABOUR
Ministerial Resolution No. 43/1979 concerning the conditions required in
work areas and localities for protection of labourers, equipments, installations Abdul Am Mahmood
movable materials against work dangers; health and vocational diseases; and'

Upon the representation made by the Undersecretary of Ministry;

HEREBY DECIDES:-

ARTICLE I
A new Article with the No. 2 (Repeated) shall be added to the Ministerial
Resolution No. 30 of 1977 proclaiming the Jurisdiction of the employees
concerned with supervising execution of labour laws and the implementing
ordinances and regulations of the following provisions:-

ARTICLE 2 (Repeated)
Inspectors of the Department of Vocational Health and Industrial Pollution
Controllers of the Ministry of Public Health duly seconded by the Ministry of
Public Health for supervising the execution of Labour Laws, and the Im-
plementing Ordinances and regulations concerning the field of vocational health
shall have the following:-

A. The freedom to enter any firm, Labour area, subject to vocational health
inspection, at any time and without any prior notice.

B. To ascetain whether suitable protection means necessary for pr?tecting

labourers against health danger and vocational diseases, are satisfied.

C. Taking samples from used materials, movable materials, work environment, ~~

industrial waste for analysis purposes with the information of the firm owner
his representative.

110 111
 MINISTERIAL RESOLUTION NO. 49 OF 1981 ARTICLE 2
CONSISTING THE PERMANENT COMMITTEE FOR The Committee provided for in the preceding Article shall be empowered
COORDINA TlON OF WORK BETWEEN THE with the following;-
MINISTRY OF SO IAL AFFAIRS AND LABOUR, THE 1. Preparing the work plan in the Area of Vocational Safety and Health in
MINISTRY OF PUBLIC HEALTH AND SHUAIBA conformity with the provisions of Law No. 38 of 1964 in respect of the Private
INDUSTRIAL AREA AUTHORITY IN THE FIELD Of' Sector Labour and Law No. 28 of 1969 of Oil Sector Labour, and all their
VOCATIONAL SAFETY HEALTH implementing Resolutions.

The Minister of Social Affairs & Labour.
Having persucd Law No. JIl of 1%4 on the Private Sector Labour: and
Law No. 21l of 1901.) on Oil business Sector Labour: and
The Council of Ministers' Resolution duly passed in it.sSession No. 26 of 1977
on increasing the coordination activity between .the Vocational Safety Bodyat the
Ministry of Social Affairs & Labour and Vocational Health Body at the Ministry
of Puhlic Health: and
The Ministerial Resolution No. 24 of 1975, constituting the preparatory
committee for preventive measures against incidents:. and . the Vocational Safety and Health bodies at the Ministries of Social Affairs &
The minutes of the meeting held between the Ministry of Publtc Health and
the Ministry of Social Affairs & Labour for coordination of work between them III
the area of vocational safety & health: and
The Resolution No. 42 of 1979 duly forming the permanent Committee for
coordination of work between the Ministry of Social Affairs and Labour and the
Ministry of Public Health in the field of Vocational Safety and Health; and
Pursuant to the requirement of the Public Interest: and
2. Approving the procedure of work plan implementation and the method of
inspection over the Oil and Industrial Sectors in accordance with the applicable
resolutions and regulations duly organizing such work.
3. Preparing studies and research in the field of Vocational Safety & Health in the
various Labour Sectors for presentation to the Preparatory Committee for
preventive measures against incidents.
4. Studying the Draft Resolutions relating to Vocational Safety and advising on
the same.
5. Analysing the Annual reports on Vocational Health Safety works with regard to
'Labour, Public Health and Shuaiba Area Authority.
6. Preparing the training programmes and studies required to be held, whether in
Kuwait or abroad in the field of Vacational Safety and Health for the purpose of
promoting the Standard of Labour performance, and putting the same before
the Competent Authorities.
7. Proposing the research required in the area of Vocational Safety and Health.

After the proposal made by the Undersecretary of the Ministry ARTICLE 3

The Committee at the invitation of the Chairman shall hold a periodical
HEREBY DECIDES:- meeting at least once every month. The Committee may further seek the
assistance of any specialist of technical expertise in respect of topics brought
ARTICLE I before it.

A permanent Committee for coord!n~tion of wO.rk amo?g the Vocational ARTICLE 4

Safety & Health Bodies, at both the MIOlstr~ of. SOCIalAffa.1rS& Labour, the
Ministry of Public Health and Shuaiba Industnal Area Authonty shall be formed The Committee shall submit the relevant minutes of its meetings to the
in the following manner::- Minister of Social Affairs and Labour for approval. A copy of such minutes shall
be forward to the Ministry of Public Health and Shuaiba Area Authority.
1. The Assistant Undersecretary of the Ministry of Social Affairs and Labour for
Labour Affairs. CHAIRMAN
ARTICLE 5
2 Two members or more on behalf of each of the following:
..:...-
THE MINISTRY OF SOCIAL AFFAIRS & LABOUR The Undersecretary of the Ministry shall issue a resolution nominating the
Chairman and the members of the Committee. .
_ THE MINISTRY OF PUBLIC HEALTH
_ THE MINISTRY OF PUBLIC HEALTH SHU AlBA INDUSTRIAL AREA
ARTICLE 6
AUTHORITY
Resolution No. 42 of 1979 constituting the permanent committee for
Provided that one of the aforesaid representatives of every Authority should coordination of work between the Ministry of Social Affairs & Labour and the
be in the capacity of Assistant Undersecretary and the others are to be occupants Ministry of Public Health in the area of Vocational Safety and Health shall be
of senior grades. cancelled.

112 113
 ARTICLE 7 MINISTERIAL RESOLUTION NO. 51 OF 1981 PERTAINING TO
COMMITTEE OF RECONCILIATION IN COLLECTIVE
This Resolution shall be published in the Official Gazettee and shall be
operative the date of its publication therein
LABOUR DISPUTE
The Minister of Social Affairs & Labour.

In view of Articles 88 and 89 of Law No. 31{ of 1964. concerning employment

in the Private Sector; and
MINISTER OF SOCIAL AFFAIRS & LABOUR Ministerial resolution No. 14nO on reconciliation in Collective Labour
Abdul Azlz Mahmoud
Disputes; and

Pursuant to the representation made by the Undersecretary of the Ministry.

lWe: 1st Rabi Awal, 1401 H. DOES HEREBY DECIDE:-

CCHlespoading to :: 7.1.1981 A.D.
ARTICLE 1
The Committee of reconciliation in Collective Labour Disputes shall be
constituted as follows:-

1. Assistant Undersecretary of the

Ministry for Labour Affairs CHAIRMAN

2. Director of the Technical Office

for Labour Affairs MEMBER

3. Controller of Industrial relations

in the Technical Office for Labour
Affairs MEMBER

4. The Employer or his representative

(provided that the number will
not exceed three) MEMBER

5. One representative or more of the

employees or their trade union
(such that the number will not
exceed three) MEMBER

6. Senior Legal Researcher in the Office

of the Undersecretary of the Ministry MEMBER & RAPPORTEUR

ARTICLE 2
The reconciliation Committee stipulated for in the preceding Article shall
meet at the invitation of its Chairman to consider Collective Labour Dispute
arising over the terms of service.

ARTICLE 3
The reconciliation Committee shall follow the undermentioned procedure»

The claimant shall present, either in person or through his representative, a

petition to the Chairman of the Committee duly written on the prepared form the
containing the following:-

114 115
 Precise of the subject matter of the dispute.
ARTICLE 8
Reasons for the failure of direct negotiations
Demands Resolution No. 14 of 1970 pertinent to reconciliation in Collective Labour
Dispute shall be nullified.
Trade Union Board's agreement to put the dispute before the reconciliation
Committee ARTICLE 9
Majority consent of the employees in case the petition is made by non-unionists. ~s Resolution shall be published in the Official Gazette and shall be
effective the date of Its publication.
The Chairman of the Committee shall fix date for considering the dispute such that
the said date shall not exceed three days commencing the date of the petition.

The Committee rapporteur shall invite the members to a meeting and the
letter of invitation shall include a copy of the petition submitted by the claimant. MINISTER OF SOCIAL AFFAIRS & LABOUR
Hamad Eissa AI-Rujeib
ARTICLE 4
The Committee shall discuss the subject matter of the dispute and work
towards resolving it. In this respect the Committee may:
Date: l4tb ~.b 1401 H
1. Hear statements by parties to the dispute CorrespoadiDg 10: 28th May 1981 A.D.
2. Hear witnesses of both without being under oath.

3. Scrutinise pleas made by the two parties

4. Peruse the documents submitted by both

5. Solicit experts

6. Seek the opinion of employees or employers not party to the dispute.

ARTICLE S
During the consideration of the dispute, the Ministry may express its
view-point regarding a possible settlement, suggest to both parties one formula or
more for an amicable settlement agreement. Such draft formula, put forward by
the Ministry, shall be part of the action papers. The rapporteur shall write down in
the verbal process of the sitting each parties views or objections regarding the
Ministry's proposals.

ARTICLE 6
In case the Committee is able to resolve the entire dispute or part thereof, it
shall write a precise of the agreement reached in three copies duly signed by all the
members. One copy shall be given to each of the two parties to the dispute and the
third shall be retained and entered into a special register. a, the Ministry. The
agreement shall be binding to both parties.

ARTICLE 7
Disputes not resolved amicably shall be referred within 15 days of the date of
their submission, by the Chairman of t~e Committee to the Committee of
Arbitration in Labour dispute together WIth a full report on the facts, reasons,
circumvent situation, outcome of efforts and reasons blocking settlement of such
dispute in addition to the Ministry's stand on the subject matter of the dispute.
116
117

m•••••• ------------------
 MINISTERIAL RESOLUTION NO. 521198J
MINISTERIAL RESOLUTION NO. 54 OF 1982
AMENDING SOME PROVISIONS OF MINISTERIAL RESOLU-
CONCERNING LABOURERS' WEEKLY REST
TION NO. 51/81
ON CONCILIATION IN COLLECTIVE LABOUR DISPUTES The Minister of Social Affairs & Labour

The Minister of Social Affairs & Labour, Having considered Article Nos. 35 & 98 of Law No. 38 of 1964 in respect of
Having perused Articles 88 and 89 of the Private Sector Labour Law No. the Private Sector Labour; and
38/1964; and
The Ministerial Resolution No. 5111981, concerning the Collective Labour The. Cabinet Resolution dated 13.6.1961 ratifying the International Labour
Dispute Conciliation Committee; and Convention No. 106157 in respect of weekly rest in business and offices; and
Pursuant to the proposal made by the Undersecretary of the Ministry,
Pursuant to public interests; and
HEREBY DECIDES:-
Upon the proposal made by the Undersecretary,
ARTICLE I
Article "I" provision of the Ministerial Resolution No. 51 of 1981 shall be The following is hereby decided:-
subsituted by the following provisions:- .
The Collective Labour Dispute Conciliation Committee shall be constituted
in the following manner::- . . . . ARTICLE I
1. Assistant Undersecretary for Labour Affairs or any Official delegated by him
An employer, in case of engaging a labourer during his weekly rest, shall
CHAIRMAN
grant him an alternate day of rest during the next week in addition to any wage the
labourer is entitled to in accordance with the provisions of Article 35 of Private
2. Director, Labour Affairs Technical Office DEPUTY CHAIRMAN Sector Labour Law No. 38 of 1964.

3. Director, Labour Office of the Governorate in whose jurisdiction lies the place
ARTICLE 2
of work of dispute parties MEMBER
This Resolution shall be published in the Official Gazette and shall be
4. Industrial Relations Controller at Labour Affairs Technical Office MEMBER effective the date of its publication.

5 The Employer or any person delegated by him (within a limit of three delegates)
. MEMBER

6. One or more representatives of Labourers, within a limit of three representa-

tives MEMBER MINISTER OF SOCIAL AFFAIRS & LABOUR
7. One of the Labour Affairs Technical Office Legal Researchers REFEREN-
Hamed Eassa AI R~ftb
DARY

The Committee meeting shall be legal if attended by the two parties of dispute
or their representatives, besides the chairman.
Date: 8th Rabi AI Aker, 1402 A.H.
ARTICLE 2 Corrapoodinl to: 2.2.1982
This Resolution shall be effective the date of its promulgation and shall be
published in the Official Gazette.

ACTING MINISTER OF SOCIAL AFFAIRS & LABOUR

Dr Yaqub Yousuf .AI-Ghuneim

Date: 15th Ramadan, 1401 A.H.

Corresponding to: 16th July, 1981 A.D.
118 119
 MINISTERIAL RESOLUTION NO. 55 OF 1982
CONCERNING PAID ANNUAL LEAVES MINISTRY OF SOCIAL AFFAIRS & LABOUR
MINISTERIAL RESOLUTION NO. 56 OF 1982
The Minister of Social Affairs & Labour ON PROTECTION AGAINST MACHINERY RISKS
Having considered Articles 36. 37. 38 and 98 of Private Sector Labour Law The Minister of Social I ffairs & Labour
No. 38 of 1964; and
Having perused Artie les 40, 41 97 and 98 of the Private Sector Labour Law
The Council of Ministers Resolution issued on 13.6.1961. duly ratifying the No. 38 of 1964; and
International Labour Convention No. 52136 covering paid annual leave; and
Oil Sector Labour Law No. 28 of 1969; and
Pursuant to the public interest. and the representation made by the
Undersecretary, Law No. 40 of 1964 ratifying the International Labour Convention No. 119 of
1963, covering protection against machinery risks; and
The following is hereby decided::-
Ministerial Resolution No. 43 of 1979 on the precautionary measures and
ARTICLE 1 conditions required to be satisfied at work sites and areas for protection of
labourers, machinery installations and handled materials against work potential
The following days shall not be calculated with the paid annual leaves:- danger, hazards to health and occupational diseases; and

a) Official holidays fall between the same. Acting on the public interest needs;; and
b) Days of suspension caused by sickness.
After the representation made by the Undersecretary of the Ministry,
ARTICLE 2
The annual leave salary shall be paid to any labourer prior to his/her The following is hereby resolved.-
proceeding on leave. Moreover, the last salary paid up to the labourer before the
effective date of leave shall be taken into account when calculating any wages ARTICLE 1
and/or salaries of such annual leaves due.
The stipulations of this resolution shall be applicable to the businessmen
ARTICLE 3 whose works are operated by machinery, whatsoever the type of business activity
they carryon.
In the event of terminating the labourer's services for any reasons, he/she
shall be entitled to cash payment in lieu of hislher accumulated leave balance
whatever the number of years of the relevant leaves due. Moreover, the cash
ARTICLE 2
payment against the accumulated leaves shall be calculated on the basis of the last In applying the provisions of this Law, machinery means any machine
salary payable to the labourer on the date of terminating hislher services. mechanically operated, other than being manually operated by labour force,
ARTICLE 4 whether new or used, and whatever type of business activity is.

Every employer is required to. maintain and. keep a special register for ARTICLE 3
recording leaves therein, duly showing the followmg:-
Sale, rental and/or use of road vehicles and mobile agricultural machinery,
1) Date of labourer's employment and the period of hislher due leave. dangerous parts of which are not equipped with adequate protection means shall
be prohibited.
2) Date of labourer's paid annual leave
ARTICLE 4
3) The amount of salary paid to the labourer for the period of leave.
All bolts, nuts, switches and protruding parts in the mobile sections of
ARTICLE 5 machinery shall be designed in such a hidden way so as to prevent any hazards to
persons who may touch such machinary while in operation.
This Resolution shall be published in the Official Gazette, and shall be
effective the date of its publication. ARTICLE 5
MINISTER OF SOCIAL AFFAIRS & LABOUR All flywheels, switchgear, level and/or cylinderical equipment designed for
propulsion and motion by friction i.e., camshafts, axles, drums, belts, chains,
Hamad Eisa AI Rajeeb tooth & hetical gears, crankshats. sliding rod-parts, all axis and their edges as well
as all other devices of transmission mechamsm are to be designed in such a way so
Dale: 8th ILlb; Thani, 1401 A.H. as to prevent any potential danger to person .who may touch the same while in
Correspooding to : 1.1.1981 Operation. Moreover, the employer shall provide adequate means of-control and
measures in order to prevent the occurance of such danger.
121)
121
 ARTICLE 6
MINiSTERIAL RESOLUTION NO. 57 01- 1982 ON PROTEC-
Moving, exhibiting, commissioning and/or demonstration of the machinery
referred to. in the two preceding articles shall be prohibited if dangerous parts of TION AGAINST THE POTENTIAL DANGER 01- SANZOL
suc~ machinery are not. appropriately equipped with the necessary protection TOXICATION
devices, unless the exhibition/or demonstration is made for the purpose of
explaining the precautions required to be met for the protection of labourers from The Minister of Social Affairs and Labour.
the potential danger of the same.
Having perused Articles 41,42,43 and I)X of the Private Sector Labour Law No. 3M

ARTICLE 7 of 1~64, and

Cleaning and/or lubrication of any machine and/or equipment is prohibited The Decree promulgated on ) I. 10.1972, ratifying the Inte~national Labour
during its operation, unless such machine is equipped with spontaneous devices, to Convention No. 136 of 1971 on the protection against the potential f1sksof benzol
prevent labour incidents. roxication; and

ARTICLE 8 Pursuant to the requirements of Public interest: and

Every employer shall keep his labourers well informed of the regulations After the representation made by the Undersecretary of the Ministry,
concerning their protection against the potential danger of machinery, and the
precautionary measures to be taken when using the same. Moveover, he shall
advise them of all measures to be observed for their protection thereform, and
shall not ask any labourer to use or operate any machine unless it is adequately HEREBY ORDERS:-
equipped with the necessary protection devices. ARTICLE 1
ARTICLE 9 The provisions of this resolution shall be applicahle to all labour fields and scopes
of work where labourers are exposed to the following chemical materials:-
No labourer is required to operate or use any machine not properly equipped
with the necessary protection means nor he shall hinder stop or switch off the a) Benzol-hydro-carbon (H 6 C 6), which shall be referred to hereof as "Benzol.'
protection device of any machine he uses.
b) Any products containing benzol exceeding 1% of the relevant volume of
ARTICLE 10 product.
This resolution shall be published in the Official Gazette and shall be
operative the date of its publication. ARTICLE 2
Whenever non-dangerous substitutes or substitutes of less danger than benzol or
any products containing benzol are available, then such substitutes shall be used.
save the following:-
MINISTER OF SOCIAL AFFAIRS & LABOUR a) Production of benzol
b) Use of benzol in chemical composrtion
Hamad Eisa AI Rejeeb c) Use of bl azol as vehicle engine fuel
d) Use of benzol for analysis and/or research works performed within and/or
laboratories.

ARTICLE 3
Date : 9th •• bl Akber, 1401 A.H.,
Corresponding to: 1.1.1981 The use of benzol and all substances containing benzol as solvant and/or
thinner is prohibited, unless it is made within closed means or in a quite save
manner.

ARTICLE 4
Technical and vocational Health measures must be taken for adequate and
effective protection of Labourers expo~d to benzol or to any material
containing benzol, particularly the followmg:-

a) To take all necessary precautiQnary measures within the plant-installations

processing or using such materials, in order to protect in work environment
from the leakage of any benzol fume ..
122
123
b) The work environment and/or atmosphere shall be periodically aerometred to
ensure their conformity with the safety standard specified in the Ministry of Medical Officer concerned i.e. the competent physician any labourer affected in
Public Health Resolution No. 45 of 1979. the event of observmg such signs of toxication.

c) The processing operations must be made indoor within closed means and/or ARTICLE 10
media whenever possible.
The employer shall implement the directions and instructions issued by the
d) Any labourer whose epidemics is likely to touch benzol shall be provided with co~petent inspectors, and shall order the suspension of the work immediately if
suitable means of protection in order to prevent its leakage through and/or he IS requested to do so.
absorption by this tegument. i.e. skin.
ARTICLE II
e) Labourers who are likely to be exposed to inhaling and/or breathing in a high
rate of concentrated benzol shall he provided hy suitable. personal means .of This res~lution shall be published in the Official Gazette, and shall be effective the
protection. date of Its publication.

ARTICLE 5
.MlNISTER OF SOCIAL AFFAIRS & LABOUR
Any employer employing labourers in operations entailing exposure to benzol or
to any such products containing benzol is required to carry out the following for his
labourers at his own expense in any of the accredited hospitals> HAMAD ESSA AL-RAJEEB

a) A precise medical examination before joining the service. to ensure that they
are medically fit. The said examination shall include blood test.

b) A second medical examination to be performed after a three month period from Date: 19th Jamad AI-Awal, 1402 H;
the date of joining the service. provided that a blood test is included. Correspooding to: 15th March, 1982 A.D.

c) A periodical medical examination. including the blood test. and other biological
check up shall be regularly made once every six months.

The former medical examination which was performed prior to commencement of

employment: together with such periodical check up and tests shall all be
approved by the Department of Vocational Health & Environment Protection.

ARTICLE 6
The employer shall maintain a special register. showing the abstract of all results
of the medical examinations conducted in respect of his labourers. duly based on
the facts stated in the relevant medical cards. The employers shall present this
register to the inspectors concerned whenever he is requested to do so.

ARTICLE 7
Employment of women and/or Juvenile in industries where labourers are exposed
to benzol or to any such products containing benzol is prohibited.
ARTICLE 8
The term benzol shall be written in Arabic as well as in such other foreign
language, in addition to the prohibition symbols already in use, to be shown on
every container and/or products containing benzol.

ARTICLE 9
Every employer shall provide his labourers with suitable means of protection,
besides instructing them on how to observe the health preventive procedure and
all accidents precautionary measures. The employer shall immediately refer to the
12A
125
 MINISTERIAL RESOLUTION NO. S8 OF 1982, CONSTITUTING
A COMMITTEE TO STUDY THE DRAFf-LAW OF PRIVATE prepa.red by the M~nistry and its tmdings concluded as a rexul! of such meetings.
SECTOR LABOUR LAW covenng each article seperately. within a maximum period not later than
30.9.1982.
The Minister of Social Affairs & Labour,
ARTICLE 4
Having perused the Civil Service Law No. IS of 1979; and
This resolution shall be operative the date of its promulgation. and the
The Decree promulgated in respect of the Civil Service System; and Un~ersecretary of the Ministry shall implement its stipulated provisions and
advise all concerned accordingly.
The Ministerial Resolution No. 48 of 1980 concerning the constitution of a
committee for the purpose of amending the Private Sector Labour Law; and

Pursuant to the letter of Kuwait Chamber of Commerce & Industry No. 1229/82,
nominating its representative in the aforesaid committee; and MINISTER 010' SOCIAL AFFAIRS & LABOUR

Pursuant to the letters of Kuwait General Trade Union Federation Nos. 1013 and HAMAD ESSA AL-RAJEEB
104812, nominating its representative in the aforesaid committee; and

Upon the proposal made by the Undersecretary of the Ministry,

HEREBY DECIDES:- Date: 17th Jumad AI Akher, 1402 H.

Corresponding to : 11/4/1982
ARTICLE t
A committee shall be formed of the following officials to study the draft of the
Private Sector Labour Law already prepared by the Ministry:-

Mr. Issa Yassim Undersecretary of the Ministry, Chair-

man
Mr. Mohamad Shabnan Asst. Undersecretary for Labour
AI-Thamir Affairs, Deputy Chairman
. Mr. Yousuf Jassim Idris Director, Labour Dept. of Hawalli Gov-
ernment Member
Mr. Mohamed Wafa AI-Sadr The Legal Advisor of the Ministry,
Member
Mr. Mohd Sulaiman Ali The Legal Researcher and First Re-
ferendary (reporter) of the Committee,
Member
Mr. Ali Mohamed Thuniyan AI-GhanimFrom Chamber of Commerce & Indus-
try; Member
Mr. Ogail Ahmad AI-Jasim From Chamber of Commerce & Indus-
try: Member
Mr. Ali AI-Kandari From Kuwait General Trade Union Fed-
eration, Member
Mr. Abdullah Al-Saad, From Kuwait General Trade Union Fed-
eration. Member

ARTICLE 2
The committee shall hold its first meeting under an invitation extended by its
chairman, and the next meetings dates shall be fixed at the end of each meeting
held.

ARTICLE 3
The committee shall submit to us a comparative study between the draft-law
126
127
MINISTERIAL RESOLUTION NO. S9 OF 1982, ADDING A NEW RESOLUTION NO. 60/82 OF 1982 ON ISSUE OF LABOUR IDENTITY
ARTICLE TO THE MINISTERIAL RESOLUTION NO. 42 OF CARDS FOR NON·KUW AITI LABOURERS
1979 REGARDING THE PRECAUTIONARY MEASURES RE·
QUIRED TO BE SATISIFIED AT THE PLACES .\ND LOCA· The Minister of Social Affairs & Labour
TIONS OF WORKS FOR PROTECTION OF LABOURERS
AGAINST THE DANGER OF WORK HAZARDS AND OCCUPA· Having perused the Private Sector Labour Law No. 38 of 1964; and
TIONAL DISEASES. The Ministerial Resolutions Nos. 12 and 13 of 1969 concerning the fee of
The Minister of Social Affairs & Labour, reproduction and/or renewal of labour identity card for non-Kuwaiti labourers;
Having perused the Private Sector Labour Law No. 38 of 1964, and and

Oil Sector Labour Law No. 28 of 1969; and Due to the commencement of the new system of labour identity card duly
applied; and
The Ministerial Resolution No. 30 of 1977 concerning the jurisdiction and
powers of the competent officials, duly authorized to implement the Labour Law Pursuant to the public interest; and
and its executive rules and regulations with the area of occupational safety; and
Upon the proposal of the Undersecretary of the Ministry,
The Ministerial Resolution No. 43 of 1979, stipulating the precautionary
measures and conditions required to be satisfied at the locations and places of HEREBY DECIDES:-
work for the purpose of protecting the labourers against the potential danger of ARTICLE 1
work hazards and occupational diseases; and The competent labour departments shall start the issue of labour identity
cards for non-Kuwaiti labourers in accordance with the new system, with effect
The Ministerial Resolution No. 56 on protection against machinery hazards; from the date of applying this resolution.
and .
ARTICLE 2
Pursuant to the requirements of public interest, and
The numbering of the new labour identity cards shall start with number one
After the representation made by the Undersecretary of the Ministry, (1) for each department seperately.

HEREBY DECIDES:· ARTICLE 3

ARTICLE 1
A new Article shall be added to the Resolution No. 43 of 1979 referred to
hereof, in chapter of the same, under the title "General Provisions," reference No.
"29" repeated, in the following manner "The competent employees who are
concerned with the implementation of labour law and their e~ecutive rul~s and
regulations, with in the area of occupational safety are required to notify the
concerned parties and/or authorites and advi~e them to stoP. the work completely
or partially and/or to suspend any operational process to the event ?f any
imminent hazard affecting the health and/or safety of the labourers until such
protective measi res are taken against the existence of such hazard."
ARTICLE 2
This Resolution shall be published in the Official Gazette, and shall be
effective the date of its publication.
MINSTER OF SOCIAL AFFAIRS & LABOUR
Hamad Eissa AI-R~eeb
The labour departments shall keep the identity cards application forms
consecutively for a period of two years according to the relevant serial numbers,
with the stamp duty properly fixed thereon and stamped by the concerned
department.
ARTICLE 4·
The labour identity cards for non-Kuwaiti labourers shall be renewed every
year against handing over the old card and issue of a new one as replacement.
ARTICLE 5
A fee of KD V- (Kuwaiti Dinars two only) shall be paid for issue or renewal of
each labour identity card.
ARTICLE 6
A fee of KD V- (Kuwaiti Dinars two only) is imposed for the issue of a
replacement for any lost or damaged labour identity card. Moreover, in the event
of a lost identity card, the Police Station in the residential area where the card was
lost shall be notified accordingly, besides securing a paper from the same duly
conforming this fact.

ARTICLE 7
Date: 24th ~ab, 1402 H
Corresponding to: 17th May, 1982 The two Ministerial Resolutions Nos. 12 & 13/69 concerning the fees for
128 129
reproduction and renewal of labour identity cards for non-Kuwaiti labourers are MINISTERIAL RESOLUTION NO. 61 OF 1982 IMPOSING
hereby repealed. GENERAL FEES ON WORK PERMITS AND UNDERTAKING
ARTICLE 8 DECLARATIONS FORMS
This resolution shall be effective the date of its promulgation. and shall be
published in the Official Gazette.
The Minister of Social Affairs & Labour

MINISTER OF SOCIAL AFFAIRS & LABOUR Having perused Law No. 38 of 1964, on Private Sector Labour Law; and
HAMAD EISSA AL·RAjEEB The Council of Minsters Resolution, passed in its Session No. 5182, held on
21.1.1982, duly imposing general fees on the Private Sector Work Permits and
Un~ertaking declaration forms; and

The Minister of Finance's Resolution No. 47 of 1977, concerning the

Date: 220d Ramadan 1402 H, application of stamp-duty system on "revenues,"; and
Cornsponding to: 13th July, 1982 Pursuant to the requirements of public interest; and

After the representation made by the Undersecretary of the Ministry,

HEREBY DECIDES:-

ARTICLE 1
General fees shall be imposed on the Private Sector Work Permits,
declarations and undertaking forms in the following manner:-

1) Employer's registration fee KD 51-

2) Work Entry Permit Fee KD 2/.
3) Work Permit Renewal Fee KD 3/-
4) Declaration &: Undertaking Fee KD 11- (for each year)
5) Employer's Work Permit Fee KD 51- (for each year)
6) A permit fee for a simple vocation
(Trade) practice KD 2/. (for each year)
7) Cancellation and Transfer Fee KD 11-
8) Final Cancellation Fee for the
purpose of travelling KD 0.1500 Fils
9) nata Amendment Fee KD 01500 Fils

ARTICLE 1
A cancellation fee amounting to KD 1/. shall be imposed on each permit,
form or a declaration the employer requests its cancellation after it has been
issued. Moreover, a fee of KD 1/· shaU be imposed on the reproduction of each
replacement of a lost or damaged one.

ARTICLE 3
The aforesaid revenue-fee shall be collected in accordance with the financial
stamps system of "revenues" as specified in the resolution of the Minister of
F'lDanc:e No. 47 of 1977, referred to hereof. Such stamps are only obtainable from
the ~try of Social Affairs and Labour Departments concerned, and not from
any other IOW'CIeof authority.
130 131
 ARTICLE 4
Those who are subject to the provisions of Article "1", "2" and "3" of this
order shall submit, with the documents required for renewal of the relevant
"Declaration and Undertaking," the Labour-Identity-Card issued to them by the
concerned Labour Department. Moreover, in the event of terminating the Labour
relation between the Labourer and Employer for any reason whatsoever, the
pertinent Labour Identity Card shall be returned to the Issuing-Labour-
Department.
ARTICLE 5
The Labour-Identity-Card shall be issued with effect from the date of
stamping the relevant Residence Permit for a period of one year and shall be
renewable for a similar period, provided that its validity shall never exceed the
period of permitted residence of the labourer whatsoever.
ARTICLE 6
The fees determined in accordance with the Ministerial Order No. 60 of 1982
shall be collected for the years where the labourer failed to apply for a
Labour-Identity-Card, if he has not already obtained a Labour-Identity-Card for
the period of residence permitted prior to the date of his relevant application. The
fees collectable for the said previous period shall be made by means of stamps
affixed on the Pertinent Labour-Identity-Card application, against a receipt
delivered to the applicant concerned covering the fees paid.
ARTICLE 7
The dates of Labour Identity Cards submitted by the concerned applicants
upon expiry of their renewal shall be adjusted in conformity with the rules
determined under this order.
ARTICLE 8
The Ministerial Order No. 50 of 1981 concerning Labour-Identity-Cards for
Non-Kuwaiti Labourers shall be repealed.
ARTICLE 9
This Order shall be published in the Official Gazette, and shall be operative
the date of its publication.
MINISTER OF SOCIAL AFFAIRS&: LABOUR
IIaauId Eia AI RaJeeb
Date: 1M M•••••.••• , 1_ H.
COddp_" to:: 19.10.1982
134
MINISTERIAL RESOLUTION NO. 65 OF 1983, APPOINTING
THE COMPETENT EMPLOYEES CONCERNED WITH CON-
TROLLING THE LABOUR LAWS ENFORCEMENT AND
THEIR IMPLEMENTING RESOLUTIONS AND ORDINANCES
The Minister: of Social Affairs & Labour,
Having perused the Private Sector Labour Law No. 38 of 1964; and
The Law No. 28 of 1969 governing labour in oil sector; and
!be Ministerial Resolution No. 3On7 on jurisdiction and powers of the
O~ClalS concerne~ With controlling the implementation of iabour laws, together
WIth their executive orders. rules and regulations; and
~e Ministrial Resolution No. 46 of 1979, on competence and powers of the
Official delegated by the Ministry of Public Health to control labour laws and their
implementing decisions and regulations, within the area of vocational Health; and.
The Ministerial Resolutions Nos. 31, 33n7. 36178 41n9 44n9 47n9 and
63/82, designating the ?fficial concerned with supervisi~g the implem'entation of
labour laws together With their excutive Resolutions and rules within the field of
vocational health; and
The. Resolution .~o. l~ of 1~9, co~cern.ing replanning and reorganization of
the ~rustry Administration Units, besides Identifying their relevant powers and
functions; and
Pursuant to the requirements of public interest; and
Upon the representation made by the Undersecretary of the Ministry,
HEREBY DECIDFS:-
ARTICLE 1
Occupants of permenant offices at the Ministry of Social Affairs & Labour
s~all be empowered with the au"horit~ of inspection to supervise the implements-
bon of labour la~, together WIth their e~ecutlve resolutions and rules regarding
the labour conditions, care and occupational safety, namely the following:-
a) Labour departments directors at pertinent governorates.
b) Controllers of manpower protection
c) Heads and inspectors of Inspection sections.
d) Heads and inspectors of labour care sections.
e) Heads, engineers and inspectors of occupational safety sections.
f) Heads of inspectors of labour offices.
135
 ARTICLE 2
MINISTRY OF SOCIAL AFFAIRS & LABOUR
Inspection authority shall be rested in the occupants of per.manent o~ces at
the Environment Protection Department of the Ministry of Public J:lealth m o~der
to control the implementation of the labour laws and their executive resolutions MINISTERIAL RESOLUTION NO. 66 OF 1983 ON THE TABLE
and rules regarding the occupational health, namely: IDENTIFYING THE PERCENTAGE OF DISABILITY IN CASES
OF LABOUR ACCIDENTS AND OCCUPATIONAL DISEASES
a) Director and deputy director of Environment Protection Department.

b) Active controllers of Environment Protection Department. The Minister of Social Affairs & Labour
c) Heads of Technical Sections working at the Environment Protection Depart- Having perused the Private Sector Labour Law No. 38 of 1964; and
ment.
Ministerial Resolution No.8 of 1965 concerning the Table Identifying the
d) Physicians, Chemists and Engineers who are in. the se~i~e of Environment Percentage of Disability in cases of labour accidents and occupational diseases;
Protection Department and Al-Shuaiba Industnal Medicine Center. and
ARTICLE 3 The Table of Disability percentage duly proposed by the Ministry of Public
Health; and
The designation of "Labour Force Protection Department" speci~ed in
Articles 1 4 and 5 of the Ministerial Resolution No. 30 of 1977. concermng the Acting on the public interest,
powers ot' competent officials, supervising the implementation of the labour laws
and their executive resolutions and rules shall be amended to read "the concerned
labour departments." HEREBY ORDERS THE FOLLOWING:-

ARTICLE 4
ARTICLE I
The percentage specified in the Table accompanying this Resolution shall be
The Ministerial Resolution Nos. 31n7, 33n7, 26f78, 41n9, 44n9, 47n9 and
deemed to be the percentage of permanent disability in the event of labour
63/82 in this respect shall be repealed. accidents and occupational diseases.
ARTICLE 5
ARTICLE 1
This Resolution shall be operative the date of its promulgation and shall be
The compensation that the labourer is entitled to in the event of death shall be
published in the Official Gazette. a full pay for one thousand five hundred (1500) days, or the amount of legal blood
money whichever is greater, duly increased to a two-thousand day-full pay (200) or
the equivalent value of the whole one and one third of the said blood-money in the
event of total permanent disability.

ARTICLE 3
MINISTER OF SOCIAL AFFAIRS & LABOUR
The foUowing rules shall be applied for the assessment of permanent disability
Hamad Eissa AI-Rajeeb perceDtage:-

a) The percentage shau be deemed to be assessed on the basis of the failure degree
of the entire bodily efficiency i.e. of 100%, and not in relation to the value of
only one single organ, provided that the disability is permanent, but no further
developments or complications are expected.
Oak: 16th Rabie AI-Akbar, 1402 n,
CorrespoadiDg to: 30.1.1983
b) In the event of injuring the upper limb, wbere the person is left banded, the
percentage determined for the right limb sball be assessed for the left limb.

c) The loss of organ's fuoction or any decrease in its function shall be considered as
a loss of the organ itself or a part thereof.

d) In the event of an injury causing several disabilities, the disability shall be

considered on the basis of calculating the grand total of disability degrees of the
various body organs, provided such total of disability degree shall not exceed
100%.
136 137
e) In the ~vent of injury of a single eye, the degree of disability shall be assessed
according to the perc:entage of loss of sight of such eye, duly based on the fact TABLE OF PERCENTAGE OF PERMANENT
that the complete SIght of the said eye is 100%. DISABILITY IN CASES OF LABOUR
ACCIDENTS AND OCCUPATIONAL DISEASES
f) Where ~he injury affects both ey~s, the degree of disability shall be assessed on
the baSIS of half of the total sight of each eye, i.e. 50% for each.
Right Left
g) In case of injuring an organ with a previously established permanent disability,
i.e. before the existing injury or the occupational disease case, the percentage UPPER LIMB
of the disability of the new injury shall be assessed in relation to such organ
efficiency remaining after the old injury. THUMB

However, in case the old disability was not previously established, the
Loss of Thumb from
organ shall be considered completely sound, and the normal percentage shall be
metacarpophalangeal joint 25% 2t1%
assessed without prejudice to the provisions of Article 68 of this law.

ARTICLE 4 Loss of Phalangette

(Terminal Phalunx) 12%
The rates of percentage specified in the accompanying table are assessed for a
labourer in general which may be observed. However, in the event of certain cases Loss of one and a
as far as the labourer profession is concerned the said percentage may be 15%
half phalanx 12%
increased, provided that a physician shall give in detail the reasons and
justifications for such increase.
Loss of half of the
ARTICLE S terminal phalanx 6% 4')10

The Ministerial Resolution No.8 of 1965 shall be repealed.

FOREIGNER
ARTICLE 6
Loss of the three phalanges 15% 12%
This Resolution shall be enforced the date of its publication in the Official
Gazette, and shall be applicable to all industrial accidents and occupational Loss of the middle & terminal
diseases occur with effect from the date of its operation. phalanges and half of the
first phalanx 13% 11%

Loss of the middle &

terminal phalanges 10% 8%
MINISTER OF SOCIAL AFFAIRS & LABOUR
Loss of tbe terminal and
half of the middle
Hamad Eisa AI Rajeeb phalanxes 8% 6%

Loss of the terminal phalanx 5% 4%

Partial loss of the terminal

Date: llDd Rabie AI Tbani, 1403 A.H. phalanx 2% 1%
CornspnDdlng to: S.2.1983 A.D.
MIDDLE FINGER

Loss of the three

phalanges 12% 10%

Loss of the middle and

terminal pbalanges and of
balf of the first phalanx 8% 7%

Loss of the middle and

terminal phalanges 7% 6%
138
139
 Right Left
Right Left

LOSS OF ALL .'.NGERS Ankylosis of inter-

phalangeal and meta-
Loss of all fingers
carpophalangeal joint
except the metacarpus and 15% 415 of right
(thumb in partial flexion)
Wrist-joint (carpus) hand
'motile' 62% 51%
Ankylosis of inter-
phalangeal and meta-
Loss of all fingers except
carpophalangeal joints
the. metacarpus and wrist~
65% 53% (thumb in full extension)
joint (non-motile ankylosis) IIl% -do-
Ankylosis between the
thumb carpometacarpal joint
WSS OF HAND OR ITS USE and the wrist
15% -do-
Loss of all hand
INDEX FINGER
including wrist-joint 65% 60%
Ankylosis of the second
Loss of function of hand interphalangeal joint 2% -do-
as a result of all fingers
being in a state of Ankylosis of the first
extension 65% 60% interphalangeal joint 6% -do-
Loss of function of hand Ankylosis of the meta-
as a result of all fingers carpophalangeal joint R% -do-
being in a state of
partial flexion 60% 50% Ankylosis of the first
and second interpha-
langeal joints (in a
Partial loss of function of the state of extensions) 9% -do-
five fingers with a small
percentage of t~~mb with rest Ankylosis of first and
of fingers remammg 55% 45% second interphalangeal
joints (in a state of
flexion)
12% -do-
UPPER LIMB JOINT ANKYLOSIS
Ankylosis of first and
THUMB second interphalangeal
and metacarpophalangeal
Ankylosis of interpha- joints (in extension) 15%
8% 415 of right -do-
langeal joint (in full
extension) hand Ankylosis of first and
Ankylosis of inter- second interphalangeal and
phalangeal joint (in full metacarpopalangeal joints
flexion) 10% -do- (in full flexion) 17% -do-
Ankylosis of inter- MIDDLE JilNGER
phalangeal joint
(half flexion) 8% -do- :"nkylosis of second
Interphalangeal joint
Ankylosis of metacarpo- (flexion or extension) 2%
10% -do- 415 of Right
phalangeal joint
142 Hand
143
 Ri~hl
I~n
Ri~hl I~n
Amputation of u; ler limb
from shoulder 75%
LOWER LIMB (CONT'D)
80%
Loss of foot
Amputation of both 50%
upper limbs 100%
Loss of leg from below
knee joint
Recurrent dislocation 60%
of shoulder joint 15% 10%
Loss of lower limb up
to upper third of thigh
Complete loss of prona- 67%
tion and supination of
Loss of lower limb below
forearm 15-20% 10-15%
hip joint
75%
Partial ankylosis of the
Loss of lower limb from hip
wrist 5-15% 5-10% joint
80%
Ankylosis of elbow Ankylosis of great toe in
at 3<r angle 40% 30% a position resulting in
hindering the walking
Total ankylosis of the movement
wrist at a suitable 10%
state 20% 15% Ankylosis of all toes in a
good position
Ankylosis of elbow 15%
at 90" angle 25% 20% Fracture compound
Elbow of movement limited foot flattering
15%
to degree between 80 & 90 20% 15%
Ankylosis of foot ankle 20-25%
Partial ankylosis of Hindering of knee
shoulder joint 15-20% 10-15% movement
15-35%
Total ankylosis of Hindering of ankle
shoulder joint 25-30% 20-25% joint
15-35%

WWER LIMB
Loss of a single HEAD
phalanx of great toe 7% 2%
Loss of scalp
5-15%
Loss of Great toe 15% 8%
Loss of any toe other Loss of bone involving outer 10-40%
than the great toe 2% and inner table area
(according to area)
Loss of great toe and Cerebral haemorrhagia (Hemiplegia)
the adjacent two toes 20% 12% complicated by incurable
bemiparalysis
100%
Loss of all toes except
the great toe 15% 12% [ncomplete hemiparalysis with
apbasin
100%
Loss of alJ foot toes 25% 20%
~complete hemiparaJysis of 20-60%
Amputation of half of the nght side
35%
(according to degree of
foot paralysis)
146 147
 lA'f'I
Left

Incomplete hemiparalysis of 15-40% Paralysis of facial nerve with

the left 'ide (according to degree of inability to close both eye-lids
10-30%
paralysis)
Paralysis of the third nerve 10-30%
Complete hemiplegia accompanied 70-100%
by muscular spasm (according to oegree of Paralysis of the sixth nerve
paralysis) 10-30%
EYES
Partial paralysis of lower limb 20-40%
Loss of vision of both eyes 100%
Complete paralysis of fight upper
limb 70% Loss of vision of a single eye
(i.e. if the other eye was previ-
Complete paralysis of left upper ously lost)
limb 60% 100%
Loss of one eye vision
Partial paralysis of right upper 35-40%
limb 20-50% Loss of vision of one eye and its
shrinkage or enucleation, without
Partial paralysis of left upper possibility of fixing on artifical
limb 15-30% eye therein
40-45%
Lower limbs paraplegia
(paraplegic) 100% DIMINUTION OF THE VISUAL ACUITY IN ONE EYE

Incomplete limb paraplegia, with • Visual acuity619

ability to walk by assistance 30-70% 6/12 3% •
6118 5%
1()%
6/24
6136 14%
6160 24%
5/60 28%
Limb paraplegia with inability 4/60 30%
to walk on crutches or stick 70% 3/60 32%
2160 33%
VERTEBRAL COLUMN 34%
1160 and less
Unilateral incurable chronic 35%
lachrymal fistual 5-10%
Deformity of vertebral column with
limitation of movement or pain 15-20% Bilateral incurable chronic
lachrymal fistula 10-20%
Fracture of pelvis resulting in Lens or cornea opacities not
3-10%
deviation of its axis and short- affecting the visual acuity
ening of one of the lower limbs 20-50% NOSE
Fracture of pelvis resulting in
Fracture of the nasal-bone
pain and in difficulty to walk 10-20%
accompanied by narrowing of airway
15%
FACE
Los~ of nose accompanied by narrowing
of airway through nostrils
Paralysis of the fifth nerve . 20-25%
accompanied by loss of sensation
Parti'll loss of nose without narrowing
in half of the face & cornea 10-30%
of ailw~~. (nostrils)
10-20%
148
149
Loss of nose-tip (Nose-Apex) 10%
LARYNX
Narrowing of nose without loss (incurable) 5-25%
Injury of larynx resulting in L
aryngectomy
Total paralysis of olfactory nerves 70%
5%
SUPERIOR MAXILLA
EARS
Defo~ity or loss, with inability
Loss of deformity of pinna(auricle) to masticate
without injury to the external 40-50%
auditory mentus: Deformity or loss, with mastication
rather possible
One ear 5% 10-20%
Loss of palate
Two ears lO"Io 10-30%
Loss of palate, connected with nasal
Loss of pinna accompanied by narrowing of fossa and accompanied by facial deformity
the external auditory meatus. The 30-50%
preceding percentage shall be increased Loss o~ superior maxilla and facial
by the percentage of disability arising defo~mlty (according to condition of
from the reduction in hearing. soft tissues)
80-90%
WEAKNESS OF AUDITUS
INTERIOR MAXILLA (MANDIBLE)
Weakness of auditus shall be estimated as follows:-
1. Auditus shall be considered sound if the weakness of hearing in either ear does Where mastication is impossible
not exceed 15 decibels. 40-60%
Mastication rather possible
2. The loss of hearing ratio for either ear shall be calculated at the 5-10%
rate of Ilh% against the loss of one single decibel of the auditus, for any rate Irreducible dislocation of mandibular
over 15 decibels. joint
3. The weakness of auditus shall be estimated in relation to the power of hearing 20- 30%
the visible frequencies of 500,000, 2000 and 3000 cycles per second, duly Narrow!ng of mouth as a result of
transmittable in the air. ankylosis of the jaws
20%
4. The rate of loss of hearing shall be 10% if the average of the weakness of both Co"!plete loss of mandible inferior
ears auditus reaches 85 decibels. Moreover, the rate of disability resulting from maxilla accompanied by facial defor-
such a case shall be 60% of the entire physical power of the body. mity
80-90%
5. The percentage of disability resulting from the weakness of the auditus shall be TEETH
estimated by the actual difference between the rates of audit us before and after Loss of upto three teeth
the injury if there is a record showing such a percentage. In the event of no 1-5%
record, the auditus is deemed to be 100% sound, according to the age of the Loss. ~~ half of the teeth with
injured labourer, where a half decibel shall be added for each year over 40. POSSlblhty of fixing an artificial
6. Without prejudice to the provisions of Clause 4 hereof, the rate of disability denture
resulting from the injury of one single ear shall be estimated by considering its 10%
auditus (hearing power) 100% sound according to the age of the injured Loss. ~~ half of the teeth without
labourer, in relation to the entire auditus. In the. event of both ears injury the POSSlblhty to put an artificial
different rates of hearing weakness shall be observed according to the denture therein
following formula: 25%
Loss of all teeth with possibility
Percentage of loss of hearing by both ears. to fix an artificial denture
15%
The percentage of loss of hearing in the more auditive & sharp ear X 5 + the Loss of all teeth without possibility
percentage of loss in the weaker ear. to be replaced by an 'artificial denture
40- 50 %
Moreover, in all events, it should be assured that the case is completely IIbNIA
established and determined.
Provided it is established that the hernia .
ISO IS occurred as a result of injury
151
Inguinal hernia 1-2%
Loss of complete penis 30-60%"
Femoral hernia 1- 3%
Loss of complete penis with
2-3% Urethral structure 40-70%
Double inguinal hernia

Umbilical hernia 1-3% Loss of one testicle from

majority age upto 40 years of age 20%
Hernia as a result of incisional
2-3% Loss of one testicle from 40 - 60
healing
years 10%
LIVER
Loss of both testicles from the
Gall bladder or traumatic nerve age of majority upto 40 years old 40%
purulent listula 15 - 36%
Loss of both testicle from majority
age upto 40 years of age 20%
SPLEEN
Loss of one testicle from 40 - 60
Removal of a healthy spleen years
(splenectomy) 20% 10%
Loss of both testicles from the
KIDNEYS age of majority upto 40 years old 40%
Unilateral nephrectomy, with the other Loss of both testicle from majority
kidney being healthy 15%
age upto 40 years of age 20%
Unilateral inephrectomy with the other Loss of penis and both testicles
50-75% 90%
kidney being sick
Loss of one testicle before
Traumatic urinary or majority age
20% 33%
nephrotic fistula
Loss of one testicle after 60 years
Traumatic Urethrospasm of age
(Traumatic Urethral Structure) 5 -10% 5%
Loss of both testicle after 60 years
URINARY BLADDER (UROCYST) of age 10%
Traumatic pubovesical or perineal
urinary fistual 20%

Vesical intestinal fistula 40-50% FEMALES

Urocystic anal fistual 50-60%

, Loss of uterus 30%

Incontinence of urine Loss of ovaria The above table for loss of testicles according to
(Urine incontinentia) 30- 50% age shall be applied in this case too.

Traumatic Urethrostenosis 10- 20%

ANUS
. Regarding ~imple pneumoconiosis. re~,:,ltingfrom dust, but not complicated
Injury of anal sphineter with faecal WIth tuberculosis, the percentage of disability shall be assessed according to the:
30-50% reduction in respiratory capacity as specified in the following Tablet-
incontinence

GENIT AL ORGANS

Loss of glans of penis 15 - 25% according to age

152 153
 RESOLUTION NO. 67 of 1983, AMENDING THE VALIDITY OF
RATE OF PRIV ATE SECTOR LABOUR IDENTITY CARD
PERCENT AGE REDUCTION IN DISABILITY
RESPIRATORY CAPACITY
15% The Minister of Social Affairs & Labour,
20%
20-30% 30%
30-40% Having prused the Private Sector Labour Law No. 38 of 1964and all pertinent
45%
40-50% amendments thereto; and
60%
50-60%
80%
60-70% The Minister of Interior's Resolution No. 22 of 1975, promulgating the
100%
70-80% executive rules and re&ulations of Aliens Law; and
80 and over
accompanied The Ministerial Resolution No. 60 of 1982, concerning the issue non-Kuwaiti
In the event of the cases . b workers labour identity card; and
tuberculosis and complicated Y 100%
by .
silicosis or asbestosIS The resolution No. 64 of 1982, duly organizing the issue of labour identity
cards for non-Kuwaiti labourers in the Private Sector; and
For malignant tumours of lung caused
by the inhalation of vapours, dust or 100%
Pursuant to the requirements of public interest; and
gases during work
After the proposal made by the Undersecretary of the Ministry;

HEREBY DECIDES:-

ARTICLE I
Article 4 of the Ministerial Resolution No. 60 of 1982 shall be amended to
read as follows::-

"The labour - identity - card of non-Kuwaiti labourers shall be renewed

once every a two year period by handing over the old identity card against issue of
a replacement thereto."

ARTICLE 1
Article "5" of the Ministerial Resolution No. 60 of 1982 shall be amended as
follows:-

"A fee of KD 11- (Kuwaiti Dinars two only) shall be imposed for issue or
renewal of labour identity card for non Kuwaiti labourers, duly valid for a period
of two years."

ARTICLE 3
Article "5" of the Ministerial Resolution No. 64 of 1982·,referred to hereof
sball be amended to read as foUows:-

"The labour - identity card sb.a11be iss,;,ed with e~ect from the date of
stamping the relevant resideDCIC
pe~t duly v.alid fo! a ~riod of two years. or up
to the date of residence expiry wbicbever IS earlier.
1.S5
154
 ARTICLE
This resolution shall he operative
published in the Official Gazette.
ACTING MINISTER
Dr. Yacoub Yousuf AI-Ghanim
Date: 18th Jamad Awal, 1403 H.;
Corresponding to: 3.3.1983
4 RESOLUTION NO. 68 OF 1983, ON IMPLEMENTATION OF
THE MINISTERIAL RESOLUTION NO. 67 OF 1983, AMEND-
the date of It' prornu Ig.1. t 1\in • and shall he ING THE VALIDITY OF LABOUR IDENTITY CARD IN THE
PRIV ATE SECTOR
In implementation of the provisions of the Ministerial Resolution referred to
her~of, the validity of labour identity card has been amended 10. be a two year
penod as ~rom the date of stamping the relevant residence permit. or up to the
date of residence permit expiry whichever is earlier, provided that a fee of KD 2/-
(Kuwaiti Dinars two only) is collected for the issue or renewal of a labour identity
OF SOCIAL AFFAIRS & LABOllR card for a period of two years.
Therefore, all the competent employees concerned with the labour identity
cards works shall observe the following:
Ist.: Upon reproduction or renewal of a labour identity card, the fixed fee shall be
collected, provided that the labour identity card is issued for a period of two years
from the date of stamping the relevant residence permit or the date of the
residence permit expiry whichever is earlier.
2nd: Collection of a delay fee amounting to KD 2/- (Kuwaiti Dinars Two Only) for
each year of a residence permit against which no labour identity card was
reproduced.
3rd: Regarding the labourers who managed to secure the reproduction of labour-
identity cards within the scope of provisions of the Resolution No. 64 of 1982. they
shall. at the time of renewing their identity cards, be issueo with labour identity
card valid for a period of two years. or up to the date of the relevant residence
permit expiry. whichever falls earlier, provided that a fee of KD 2/- (Kuwaiti
Dinars Only) is collected.
The application of these instructions shall remain valid and enforceable until
the periods of labour identity cards already issued are properly adjusted, pursuant
to the relevant residence permits.
UNDERSECRETARY
MINISTRY OF SOCIAL AFFAIRS & LABOUR
Date: 5th Jarud TbaD.i 1403 H
CornspoudiDc to: 20.3.1913
157
156
RESOLUTION NO. 69 OF 1983 ON APPLICATION OF ARTICLE
6 OF THE MINISTERIAL RESOLUTION NO 64 OF 1982 CIRCULAR NO. 70 OF 1983, APPLYING INSPECTION ON
LABOUR PERMITS
Article n of the Ministerial Resolution No. 64 of 11J!{2. g.o~erning the
regulations pertinent to the issue of labour identity cards for !he ~rI~ate S~ct~r In imple~entation of the provisions of the Ministerial Resolution No. 156 of
non-Kuwaiti labourers stipulates the collection of the fees duly fixed 10 accordance 1981 concermng the set up of Labour Permit Inspection Control at the Labour
with the provisions of the Ministerial Resolution No. nO of 19113.fo~ t~e year~. of Department., of the Capital's Governorate. the concerned labour permits
the labourer's failure to secure a labour identity card within the permissible period inspectors shall, at the time of making or serving any notice of violation
of residence. rectification and/or any record of offence proceeding, state that such notices of
violations are served in implementation of the provisions of Article "7" of the
Therefore, in implementation of the aforesaid articles provisions such fees Private Sector Labour Law No. 38 of 1964. and the Ministerial Resolutions
shall be collected for a maximum period of four (4) years whatsocvc.r the pe~lOd of promulgated in this respect.
previous residence of the envolved labourer is. In case the previous period of
residence is less than four (4) years, the fees collectable from the envolved For information of all labours permits inspectors.
labourer shall be for the last two (2) year only.

For information of all concerned officials.

Undersecretary
MINISTER OF SOCIAL AFFIARS & LABOUR

UNDERSECRETARY
MINISTRY OF SOCIAL AFFAIRS & LABOUR.

Date: 21st Jumad Thani 1403 "

C~~~ ro: 5~ March, 1983

Date: 19th Jamad AI-Thani 1403 a.,

Corresponding to: 3rd April, 1983

158
159
MINISTERIAL RESOLUTION NO. 71 OF 1983, CONCERNING MINISTERIAL RESOLUTION NO. 72 OF 1984 AMENDING
LABOUR IDENTITY CARDS OF PRIVATE SECTOR NON- CERTAIN PROVISIONS OF THE RESOLUTIONS NOS. 60 &
KUW AITI LABOURERS 64 CONCERNING ISSUE OF LABOUR IDENTITY CARDS
The Minister of Social Affairs & Labour. FOR THE PRIVATE NON-KUWAITI LABOURS.
Having perused the Private Sector Labour Law No. 38 of 1964; and

The Ministerial Resolution No. 22 of 1975. promulgating the executive rules The Minister of Social Affairs & Labour
and regulations of Aliens Law; and

The Ministerial Resolution No. 64 of 1982. duly organizing the issue of labour
identity card for Private Sector non-Kuwaiti labourers; and
Having perused the Private Sector Labour Law No. 38 of 1964; and
Pursuant to the requirements of Public interest; and
The Ministerial Resolution No. 60/82, governing the issue of labour
After considering the propos~l made by the Undersectary of the Ministry, identity cards for non-Kuwaiti labourers; and

The Ministerial Resolution No. 64 of 1982, organizing the issue of labour

HEREBY DECIDES:- identity cards for the Private Sector non-Kuwaiti labourers; and
ARTICLE 1
The Ministerial Resolution No. 71 of 1983, regarding the labour identity
Any request for issue or renewal of a labour identity card ~hall be submitted cards for the Private Sector non-Kuwaiti labourers;; and
on the approporiate application form duly prepared for the sal~ purpose by the
Ministry. The following documents shall be attached thereto.- Pursuant to the public interest requirements; and

i. The passport of the labourer concerned Upon considering the proposal made by the Undersecretary of the
Minstry.
2. The declaration and undertaking form whereby the labourer was granted the
residence permit.

1 The employer's authenticity of signature specimen, ~uly approved by the

HEREBY DECIDES:-
., competent labour department, provided that it is vahd.

4. Three (3) photographs.

ARTICLE 1
. Article three (3) of the Ministerial Resolution No. 60/1982, concerning the
ARTICLE 2 Issue of labour identity cards to Private Sector non-Kuwaiti labourers shall be
amended to read as follows:-
In the event of issuing labour identity cards for domes~i~ servants, i~ must be "Labour department shalilceep the labour identity cards application forms
observed that a copy of the employer's nationality certlflca~e IS re~~'red, or a properly serialized. The pertinent stamp duty shall be appropriately affixed
copy of his passport in case of non-Kuwaiti employers,. to ad~ltton to the overleaf the said labour identity card, which will be sealed by the stamp of the
requirements of sub-clauses one and four of the preceding article. competent department and eveloped prior to delivery to the concerned
labourer."
ARTICLE 3
This resolution shall be published in the official Gazette, and shall be ARTICLE 2
operative the date of its publication. . Article six "6" of the Ministerial Resolution No. 64 of 1982, organizing the
ISSue of labour identity cards to the Private Sectot non-Kuwaiti labourers shall
be amended to read as follows:
MINISTER OF SOCIAL AFFAIRS & LABOUR
Hamad Eissa AI-Rajeeb "Collection of the fixed fees shall be made in accordance with the
provisions of the Ministerial Resolution No. 6011982 for the years where a
labourer had failed to apply for securing a labour identity card if he had not
already obtained the same during the period of residence permit duly
authorized before the date of submitting his application.
Date: 4th Safar, 1404 H
CorrespoodiDg to: 9th November, 1983 The collection of the fees shall be made by means of a stamp-duty properly

161
affixed overleaf the labour identity card. enveloped and stamped by the CIRCULAR NO. 73 OF 1984, ON IMPLEMENTATION OF THE
competent department prior to delivery to the concerned labourer. AMENDMENT SHOWN IN THE MINISTERIAL RESOLUTION
This resolution shall be effective 2nd January. 1984. and shall be published
NO. 12 OF 1984 CONCERNING LABOUR IDENTITY CARDS
in the Official Gazette.
FOR NON-KUWAITI LABOURERS

Referring to the Ministerial Resolution No. 72 of 1984. dated 2.1.1984,

MINISTER
Date: 28th Rabie AI-Awal 1404 H
Corresponding to: 2nd January, 1984
concerning the affixing of the duty stamp on the relevant identity card, which will
be stamped by the competent department perior to being transparently covered
OF SOCIAL AFFAIRS & LABOUR and delivered to the person concerned, the competent officials in charge of issuing
labour identity cards shall comply with the following:-
Hamad Eissa Al-Rajeeb
1. To observer that the required duty stamp is affixed overleaf. In the event of
applicable fine, to ensure that duty stamps amending to the total fine are
properly affixed overleaf the labour identity card in a geometrical overlapping
manner, conspicously showing the number of stamps affixed.
2. The officials ic charge of signing labour identity cards shall at the time of signing
the same, observe that the identity card together with the stamps affixed
overleaf are all signed and sealed by the stamp of the department concerned, in
a manner showing half of the stamp-impression on the identity card and the
other half on the duty stamps affixed.

3. The labour identity card shall be transparently covered immediately signed and
stamped prior to being delivered to the person concerned.

The labourer holding the idently card, the employer or any concerned who is in
charge of receiving the same shall at the time of receipt ensure that the required
duty stamps are properly affixed and sealed by the stamps of the department
concerned.

Any indentity card issued following the promulgation of the Resolution

No. 72 of 1984 referred to hereof, without satisfying the measures stipulated in
this circular shall be deemed void and null. .

Undersecretary
MINISTER OR SOCIAL AFFAIRS & LABOUR

Date: 28th Ribie AI-AwaI 1404 H,

Corresponding to: 2nd January, 1984

162 163
CIRCULAR NO. 74 OF 1984 CONCERNING COLLECTION
OF LABOUR IDENTITY CARD STAMP DUTY
Further to Circular No. 73 of 1984 concerning the imple~entation of
amendment made under the Ministerial Resolution No. 72 of 1984 in respect of
non-Kuwaiti labourer's labour identity cards. the officials responsible ~or the
issuance of labour identity cards are required to observe the followmg:-
MINISTERIAL RESOLUTION NO. 75 OF 1984, CONCERN-
ING THE RECEIPROCAL TREATMENT OF GULF COOP-
ERA TION COUNCIL ARAB STATES AS SAME AS THE
LOCAL NATIONALS WITH REGARD TO LABOUR DEAL-
INGS

1. Regarding the labourers already secured residence permits. who may applyat The Minister of Social Affairs & Labour
any time within the validity of their residence for issuance ?f labour Identity
cards. the required revenue stamp shall be properly affixed overleaf the Having perused Law No. 58 of 1982 notifying the Unified economic
relevant identity card. and sealed by the stamp of the department concerned agreement of Gulf Cooperation Council Arab States; and
prior to the transparent covering and delivery to the person concerned.
The resolutions of Gulf Cooperation Council Arab States Fourth
As for the labourers whose residence permits were already expired. and it session, which was held in Qatar State within the period from 7th to 9th
was proved at the time of renewing !heir declara.tions and un?ertaki~g that November, 1983; and
they had failed to secure labour Identity cards during their previous residence
period. the labour identity cards sections at the competent labour ~epart- The resolutions issued by the Minster of Commerce & Industry Nos. 51.
ments shall collect the due fine from them for the previous years of residence, 52182 and 43,44 and 45/1983, duly permitting the Gulf Cooperation Council
under a receipt given to the person concerned. by means of revenue stamps to Arab States Nationals to practice business professions and economic
be affixed on the counterfile of the relevant copy 10 the receipt book. and activities in the State of Kuwait; and
properly sealed by the stamp of the department concerned.
Pursuant to the requirements of public interest; and
All copies of the receipt .boo~s. used shall he h~nded over to the Financial
Affairs Department at this Ministry. and the said department shall be h~ld After the proposal made by the Undersecretary of the Ministry.
responsible to check and ensure that ~hc amount show.n on the receipt
corresponds to the value of stamps affixed on the duplicate copy. HEREBY DECIDES:-

ARTICLE 1
The nationals of Gulf Cooperation Council Arab States i.e , Kingdom of
Saudi Arabia. United Arabs. United Arabs Emirates. Bahrain State.
Undersecretary Sultanate of Oman and Qatar State shall all be treated on the basis of
MINISTER OF SOCIAL AFFAIRS & LABOUR reciprocity as same as Kuwaitis. regarding labour affairs in the State of
Kuwait. Meanwhile. they shall be applicable to the same procedure and
formalities duly applied to Kuwaitis.

ARTICLE 1
Date: 29th Rabie Awal 1404 H This resolution shall be effective 1.3.1984. and shall be published in the
Corresponding to: 3rd January 1984 Official Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOUR

HAMAD EISSA AL-RAJEEB

Date: 19th Jamad Awal, 1404 H,

Corresponding to: 21st February, 1984

164 165
MINISTERIAL RESOLUTION NO. 76 OF 1984, IMPOSING
GENERAL FEES ON ABSTRACTS OF LABOUR RECORDS
(COPIES) REPRODUCED BY THE COMPUTER
The Minister of Social Affairs & Labour
Having perused the Private Sector Labour Law No. 38 of 1964, and
The Council of Minister's resolution passed in its Session No. 5/82, which
was held on 31.1.1982, duly imposing general fees on the official application
forms and declarations used in respect of the Private Sector's Service, and
The Resolution of Minister of Finance No. 47 of 1977 on application of
revenue - stamp's; and
The Ministerial Resolution No. 61 of 1982, imposing general fees on any
additions made on the application forms of Labour - permits, declarations
and undertakings; and
Pursuant to the requirements of public interest;; and
After seeing the proposal made by the Undersecretary of the Ministry,
HEREBY DECIDES:-
ARTICLE I
A fee of KD 51- (Kuwaiti Dinars Five Only) shall be imposed for
reproduction of a labour records, showing the names of ~abourers registered
under the sponsorship of the concerned employer at. his request ~r<.>mthe
actual computer data. The said fee is payable at the time of submitting the
employer's application for the reproduction of such a record.
ARTICLE 2
A fee of 1100 Fils (Ku 'aiti Fils One Hundred Only) shall be imposed for
each labourer registered in the record reproduced, whatsoever the number of
labourers are, the said fee shall be paid at the time of handing over the
reproduced record to the employer.
ARTICLE 3
This resolution shall be published in the Official Gazette, and shall be
operative the date of its publication.
MINISTER OF SOCIAL AFFAIRS & LABOUR,
Hamad Eissa AI-Rajeeb
Date: 16th Jamad AI-Akbar, 1404 H;
Corresponding to:: 19th March, 1984
166
MINISTERIAL RESOLUTION NO. 77 OF 1984, CONCERN-
ING THE ISSUE OF LABOUR PERMITS FOR THE PRI-
VATE SECTOR NON-KUWAITI LABOURERS
The Minister of Social Affairs & Labour
Having perused the Private Sector Labour Law No. 38 of 1964; and
The Decree 'p~omulgated on 7.1.1979, concerning the functions and
powers of the Ministry of Social Affairs & Labour; and
. The Minister of Interior'S Resolution No. 22 of 1975, promulgating the
Implementing regulations of Aliens Residence Law; and
The Ministerial Resolutions Nos 37 and 39 of 1979 and No. 62 of 1982
organizing the issuance of labour permits to non-Ku~aiti labourers in the
Private Sector; and
Th~ Resolution promulgated by the Municipality of Kuwait No. 3/1984
concermng the classification and licensing of the building construction
contractors, who were not registered with the Central Tenders Committee'
and '
The Resolution of the Minister of Commerce & Industry Nos. 51 & 52 of
1982, and Nos. 43, 44 and 45 of 1983, permitting Gulf Cooperation Council
Ar~~ .Sta~es Nationals to practise and carryon certain professions and
actrvitres In the State of Kuwait; and
The Ministerial Resol~tion No. 75 of 1984, concerning the reciprocal
treatment of Gulf Cooperation ~ounctl Arab States Nationals with regard to
labour dealings whereby they will be treated on the basis of reciprocity as
same as Kuwaitis; and
Pursuant to the requirements of public interest; and
Upon the proposal made by the Undersecretary of the Ministry,
HEREBY DECIDES:-
I. LABOUR PERMITS
ARTICLE 1
~e I?roVISIO~Sof this resolution shall be applicable to employers,
engaging In service non-Kuwaiti labourers as well as to non-Kuwaiti
Tradesmen and professionals, duly licenced by the Competent Authorities to
perform such works, the partners in Kuwaiti companies or establishments
and/or craftmen of minor activities.
ARTICLE 2
An employer shall be permitted to employ non-Kuwaiti labourers in the
professions conforming with or subsidiary to his activities if he submits to the
Ministry the following docurnents.- '.
167
1) A copy of the Memorandum of Association of the company or the
establishment.
2) A copy of the licence issued by Ministry of Commerce & Industry to practice
the activity in question or a copy of the permit issued by the competent
authorities to carry on the same activity or profession.
3) Specimen of the employer's signature or of his representative signa~u~e duly
confirmed by Kuwait Chamber of Commerce & Industry or by the Ministry of
Social Affairs & Labour.
As for companies or establishments including non-Kuwaiti Partners, no signature
shall be accepted, save the signature of a Kuwaiti partner or his attorney, duly
authorized to sign, provided that he is a Kuwaiti national.
4. The address of the employer's Main Office of business activities, together with
the addresses of his various branches, if any.
ARTICLE 3
The employer shall notify the Ministry of any alterations occur on the
particulars of the data spe~fied in t~~ preceding article. lit the e.vent of ~is failure
to do so, all his dealings with the MInistry shall be suspened, until he recttfies such
contravention.
ARTICLE 4
The employer shall apply for the issue of a labo~r. permit fo~ a non-Kuw~iti
labourer on the appropriate form, prepared by the Ministry for this purpose, with
the following documents attached thereto::-
1) Copies of the educational qualifications?r testimonals an~ practical. ex~rience
certificates if the nature of work so requires. Such educattonal qualifications or
testimonals shall be taken into account for the purpose of defining the
labourer's profession.
2) Copies of the passport pages covering the particulars of the labourer's required.
3) The specimen of the employer's signature, or the specimen of his attorney's
signature who is duly authorized to sign.
ARTICLE S
A labour permit shall be issued in respect of the labourer'S required if hislher
profession consists with the main b~s~ness act~vityof th.e.e~ployer ..or with any of
the employer's susbidiary ?r auxiliary ~uslness actrvitses, provided that the
employer's productive capacity and the estll~ates of lah?ur force necessary for the
performance of his activities, a~d1or the projects ~f which h~ had .already entered
into contract for implementation are all taken Into consideration.
The Ministry may perform inspection to realize the need of employer for the
required labourers.
ARTICLE 6
The employer shall undertake to employ the labourer for whom h.e requested
the labour permit, and submit the relevant declaration and undertaking within a
168
month at .mo~t from the date of his/her entry in the country. In the event of the
e.mployer s fat!ur~ to .com~ly with the said procedure. the Ministry shall have the
nght to susp~nd ~ssu,"g him with any new labour permits or transfer any. local
Iabour-Iorce '". his fa.vour for a maximum period of three months. or until the
contravention IS rectified whichever is longer.
ARTICLE 7
Employment of labourers by any employer is prohibited. even on temporary
basis and when the consent of the principal employer is secured. unless such
employer is permitted by the Ministry to do so. or labour permits were already
issued in respect of those labourers to other employers. However, in the event of
such case, the labour permits issued to those labourers shall be cancelled. and they
shall be deported home at the expense of the employer for whom they were found
working.
Moreover, the Ministry shall have the right to suspend the issuance of new
labour permits or transfer any of locally recruited labourers whether to the former
or latter employers, for a period of three months, or until such a contravention is
rectified, whichever is longer.
ARTICLE 8
A principal contractor-employer may assign to each subcontractor, entering
into agreement with him for implementation of certain works of the contractual
obligations a number of the labourers he was already permitted to employ for the
completion of such works, provided that a proper notification has been made by
appropriately filling in the form prepared for the said purpose.
ARTICLE 9
Contractors classified by virtue of the Municipality Mayor's Resolution
(Municipality Director's Decision) No. 3/84 may apply for labour permits to assign
labourers for completion of the works undertaken within the number of labourers
already permitted by the Municipality. Regarding their contractual obligations
with sub-contractors, they shall be subject to the provisions of the preceding
article.
ARTICLE 10
Labour permits for professionals and non-Kuwaiti partners of Kuwaiti
companies and firms shall be issued if the professional concerned apply for the
same or, the appropriate form prepared by the Ministry for this purpose, with the
following documents, duly attached thereto:-
1) A valid passport
2) A certified copy of the company's or firm's Memorandum of Association, or a
copy of the licence issued by the competent authorities for practicing the
profession in question.
ARTICLE 11
Issuance of labour-pen nits to tradesmen of minor professions, crafts and
activities shall be subjects to the stipulations of the preceding article, provided
that a proof evidencing the practice of the said craft, activity or profession is
submitted instead of the document stipulated in sub-clause "2" of the preceding
article or any other documents required by the Ministry.
169
 ARTICLE 12
The employer shall submit the required declaration and undertaking for
each I;~bourer on ~he appropriate form prepared by the Ministry immediately
after his/her entry 10 the country by virtue of a labour permit. with the following
documents duly enclosed thereto:-
I) The labourer's passport
2) A copy of the labour permit. issued in respect of the labourer. dulv certified
by K~wait Con~ulat~ at the.la~ou~er·s country of origin. or by the Ministry of
lntcrior. Kuwait. with the indication of Border Authorities stamped therein
regarding the new-comers arriving in. from countries where Kuwait has no
embassies.
The stipulation of this article shall he applicable to professionals. non-Kuwaiti
partners of Kuwaiti Companies. establishments. <IS well as to tradesmen ar.d
craftsmen of minor activities. unless they were previously issued with residence
permits. In such a case. the form of "Cancellation and Transfer" shall be
submitted instead (If submitting the Document No. :!. together with an
authenticated copy of the company or establishment Memorandum of Association
or the copy of the licence issued by the competent authorities for practicing the
profession in question.
ARTICLE 13
Labour permits shall be issued to all those who are subject to the provisions of
this resolution for a maximum period of two months. The said permit shall be
renewed for a similar term. provided that the renewal application is submitted on
the appropriate form. prepared for the same purpose. with the following
documents. attached thereto:-
I) The passport of the labour
2) The duplicate (copy) of the former Declaration & Undertaking.
3) A copy of labour identity card.
4) The specimen of the employer's signature or of his representative's signature as
duly authorized to sign on his behalf.
The Ministry may reject the renewal of a labour permit for any labourer in the
event of any justification necessitating such action.
ARTICLE 14
Any dependent joining a supporter may have a labour permit provided in
such a case that the approval of the supporter is secured and that at least a year has
elapsed since the date of granting the relevant residence permit. The residence
permit application shall be submitted on the appropriate form prepared by the
Ministry for this purpose, with the following documents enclosed thereto:-
1) The passport of the labour
2) Declaration of supporter, covering his confirr ration regarding the employment
of the dependent labourer.
In the event of a residence permit cancellation of a dependent-labour, in
110
order to rejoin his/her supporter. the rules laid down by the Ministry of Interior
for granting such a residence shall be applicable.
ARTICLE 15
A labour permit granted to a labourer may be transferred from one employer
to another. provided that· he consent of the former employer IS secu~ed. An
application for residence pt rmit cancellation and transfer shall be submlt.ted on
the form appropriately preiarcd by the Ministry for such a purpose. With the
following documents. attached thereto:-
I) The labourer's passport
2) The duplicate of the last Declaration & Undertaking
3) Copy of labour identity card
4) A triplicate (three copies) of the new Declaration & Undertaking
S) The specimen of the employer's signature or of his representative's signature,
duly authorized to sign on his behalf.
In accordance with the provision of this article, a labour permit may not be
transferred from one employer to another during the first year of the labourer's
service duly rendered to the first employer, save in the case stipulated in clauses "e
_ f" of Article 16 hereof or when the Ministry realizes that the ground of the
transfer request is substantially justified and acceptable.
ARTICLE 16
The Ministry shall have the right to transfer the labourer's labour permit from
one employer to another, if the employer has rejected to do so or without recourse
to him, in the event of the following cases:-
a) If the employer has locally engaged the labourer in service.
b) If the employment contact has been appopriately expired i~ conformity with the
applicable law provisions or the contract terms duly sttpulated.
c) If the contract has been terminated persuant to the provisions of Articles 57 and
S9 of Private Sector Labour Law No. 38 of 1964.
d) In the event of the employer's legal impediment, such as absence keeping him
away, incapacity or death.
e) In case of a judgement rendered in this respect, whereby the labourer has
proved to be a judgement berleficiary.
f) In the event of the company and/or establishment closure, lock-out, suspension
of activities and/or dealings.
ARTICLE 17
The employer may reject to transfer a laboul,':- ~rmit of a labou.rer ~
another employer if he brought him from abroaa.,. d~nng the. first penod .
contracting, while the contract is deemed to be appropnately valid. However, 1II
171
the event of the labourer's refusal to continue in the service of the employer, the
~mployer shall cancel the ~elevani labour permit, and the labourer shall b~ held
liable to be1!rthe ~s~ of hls(her r~tum home, unless otherwise is stipulated m the
contraft, auly m,lIhfying this obhgation.
repealed. 8U1 the ProVISIO '"
referring the concerned Ian ns of the Ministerial Resolution No. 62 of 1982,
of Interior. Kuwait i thOurers to Kuwait Consulates abroad or to the Ministry
consulates estanlish~d ~h e. cases where the State Kuwait has no embassies/
erein shall remain valid.

FINAL CANCELLATION ARTICLE 23

This resolution shall be published in the Official Gazette. and shall be
ARTICLE 18 enforced the date of its publication.
The employer shall have the right to cancel the labour permit issued in the
name of the labourer whom he brought from abroad, with a request to deprive him
of being issued with a labour permit for a lapse of two years in the event of the
following cases:-
MINISTER OF SOCIAL AFFAIRS & LABOUR
a) If the labourer, 00 his part, has terminated the employment contract in a
Hamad Eissa AI-Rajeeb
manner contradictory to its stipulations or violating the law provisions.

b) If the labourer's service has been terminated under a disciplinary action, in

accordance with the provisions of Article 55 of the Private Sector Labour Law
No. 38 of 1964.
Date: 6th Rajab 1404 H.,
The period referred to hereof shall be calculated with effect from the date of Corresponding to: 7.4.1984
cancelling the First Labour Permit.

ARTICLE 19
The employer shall bear the expenses of returning the labourer brought by
him home (to his country) at the expiry of the contract term, or in the event of its
termination, unless the labourer is entitled to the transfer of the labour permit to
another employer in accordance with the provisions of this resolution, or pursuant
to the conditions stipulated in the contract, and the labourer has so requested.

ARTICLE 10
An application from an employer for a final cancellation of a labour permit
whereby the meant labourer shall travel for good may not be accepted unless it is
established that, the employer has paid the labourer in question all hislher
entitlements for the relevant period of service, in accordance with the employment
contract stipulations and/or the applicable law provisions.

ARTICLE 1I
In the event of final cancellation of a labour permit granted to a labourer, the
employer undertakes to return to the Ministry a copy of the cancellation form,
with the indication of the Border Authorities duly conforming the labourer's
departure, or to present any other document conclusively proving the labourer'S
departure from Kuwait. The competent department shall then issue the ,employer
with a written acknowledgement of receipt of the said form.

No further dealings applications shall be accepted from the employer, unless

he/she submits the said document.

ARTICLE 11
The Ministerial Resolutions No. 37 and 39 of 1979, duly organizing the
issuance of labour permits to non-Kuwaiti labourers in the Private Sector shall be
In
173
MINISTERIAL RESOLUTION NO. 78 OF 1984, CONCERNING
LIMIT ATION OF LABOUR PERMITS TO CERTAIN SECTORS AKTlCLE 2
OF ACTIVITIES This resolution shall b ff . . .
til fu th . e e ectrve 27th February, 1984, and shall remain valid
un I a r er notice.

ARTICLE 3
The Minister of Social Affairs & Labour
This Resolution shall be published in the Official Gazette.

Having considered the Private Sector Labour Law No. 38 of 1964; and

The Council of Ministers Resolution No. 10, duly passed in its Session No. MINISTER OF SOCIAL AFFAIRS & LABOUR
10/1984, held on 2nd February, 1984; and Hamad Eissa AI-RaU~b

The Ministrial Resolution No. 77 of 1984, organizing the issuance of labour

permits for the Private Sector non-Kuwaiti Labourers; and

Pursuant to the requirements of public interest; and Date: 8th R~ab, 1404 H.,
Corresponding to: 9th April, 1984.
Upon the proposal made by the Undersecretary of the Ministry,

HEREBY DECIDES:-

ARTICLE 1
Issuance of labour-permits for recruiting and bringing non-Kuwaiti labourers
from abroad is restricted and limited to the foHowing sectors:-

(1) Companies and Contractors under contractual obligations with the Govern-
ment to perform certain tasks and/or contracts.

(2) Companies corporations fully owned by the Government and/or semi Public
Sector Companies to whose capital stock the Government participates.

(3) Hospitals & Private Clinics

(4) Hotels

(5) Banks

(6) Private Schools

(7) Clubs & Public Utility Societies

(8) Air line companies, Travelling & Tourist agencies and offices.

(9) Newly established and the existing cooperative societies in the event of
operating new branches.

(10) Farms and Industrial Projects.

174
175
MINISTERIAL RESOLUTION NO. 79 OF 1984, OBLIGING THE CIRCULAR NO. 80 OF 1984 TO ALL LABOUR DEPARTMENTS
EMPLOYERS TO SUBMIT A CERTIFICATE ISSUED BY THE STAFF
PUBLIC INSTITUTION FOR SOCIAL SECURITY SHOWING
THE SETTLEMENT OF THEIR CONTRIBUTION TO THE SAID The Resolution No: 7~ of 1984 stipulates that issue of labour permits to bring
INSTITUTION labourers from abroad IS limited to certain sectors, including industrial projects.

The Minister of Social Affairs and Labour Industrial projects denotes all licences issued by the Ministry of Commerce &
Indus.try to employers for the purpose of performing certain industries whetl-er
Having perused the Private Sector Labour Law No. 38 of 1964, and suc~ mdustnes depend on raw materials. or on materials aJready manufactured
whlc~ are known ~ manufacturing industries. as well as those industries actually
Law No. 61 of 1976, duly promulgating the Social Security (Insurance) Law, relating to the mam production of other companies.
with all amendments thereof; and
However. in general.it m.eans all licences issued in the favour of employers for
The Ministerial Resolution No. 77 of 1984, concerning the issuance of labour the purpose of performing industrial activities.
permits for the Private Sector non-Kuwaiti Labourers; and
Pursuant to the requirements of the public interest; and . This is made for t~e information of all labour departments concerned with the
ISsue of labour permits.
Upon the proposal made by the Undersecretary of Ministry,

HEREBY DECIDES:-
UNDERSECRETARY
ARTICLE 1
Ministry or Social Affairs & Labour
All Private Sector Labour - employers shall, at the time of applying for
opening new files or for the renewal of their accredited signature - specimens
already approved by this Ministry, submit to the Ministry a certificate issued by
the Public Institution for Social Security, showing the settlement of their
contribution to the said institution. Date: 26th Shaban 1404 H
Cornsponding to:: 27.S.1984
ARTICLE 2
All Private Sector labour employers who are not contributing to the Public
Institution for Social Security are required to present a certificate showing their
non-contribution to the same.

ARTICLE 3
This resolution shall be published the date of its promulgation, and shall be
published in the Official Gazette.

MINISTER OF SOCIAL AFFAIRS & LABOUR

Hamad Eissa AI ~eeb

Date: 13th Shahan 1404 H.,

Correspoading 10: 14th May 1984

176
177
 MINISTERIAL RESOLUTION NO. 81 OF 1984 ARTICLE 4
~p~lica~ion for issue ?f labour permits in respect of any concerned labourers
The Undersecretary or fo t e final cancellatIOn of labour permits of such labourers shall not be
Ministry of Social Affairs & Labour accepted, unless the letter referred to in the two preceding articles 1 & 2 hereof is
at~ached thereto. ~uch letters are obtainable from the main sales office at Kuwait
Having perused the Council of Ministers resolution passed in its Session No. AIrways Corporation Building.
4/84, held on 22.1.1984. stipulating a provision to be included in the contracts the
government concludes with Contractors and other parties. under which they are
ARTICLE 5
obliged to use Kuwait Airways Corporation flights (Aircrafts) for transportation
of cargo and passengers: and In .case no labour permits are issued to any of such labourers or in the event of
cancelling a~y la~ur permit already issued, prior to the arrival of the incomer _
The Ministerial Resolution No. 77 of lQ!.\4 concerning issuance of labour labourer, this Mmlst~ shall notify Kuwait Airways Corporation accordingly for
permits for the Private Sector non-Kuwaiti labourers. and the purpose of re.fundmg the value of the passenger tickets already reserved in
respect of the said labourers to the employers concerned.
Pursuant to the letter of the Minister of Oil and Finance No. 271/196, dated
27.5.1984, concerning the rules and measures to be observed for the implementa- ARTICLE 6
tion of the said Council resolution; and
This reS?)ution s~all be published in the Official Gazette, and each concerned
shall be notified to Implement it.
Acting upon the minutes of the meeting held with the representatives of this
Ministry and those of Kuwait Airways Corporation on 15.7.1974; and

Pursuant to the requirements of public interest.

UNDERSECRETARY
HEREBY ORDERS:
Ministry of Social Affairs & Labour
ARTICLE I
The provisions of this resolution shall be applicable to each of the following:-

a) The employers who entered into contracts with the Government for
implementation of Public Projects; and whose contracts include any stipulation Date: 19th SbawaJ, 1404 H.,
obliging them to use the flights of Kuwait Airways Corporation regarding the Correspondiug to: 18.7.1984
carriage of their cargo and passengers.

b) The employers currently implementing government projects. whose contracts

do not include such obligation, if upon alteration thereafter such obligation is
stipulated.

ARTICLE 2
Employers specified in Article" 1" of this resolution when applying to bring
labourers from abroad for implementation of such projects are required to attach
with their applications a letter from the said corporation showing the names and
nationalities of such labourers, and the countries from which they are brought in,
clearly indicating the issue of Passenger Tickets in their names by or through
Kuwait Airways Corporation, irrevocable or transferable to any other airlines, so
as to fly aboard Kuwait Airways Corporation flight or through it.

ARTICLE 3
All employers in the event of expiry or termination of the employment
contracts concluded with the labourers referred to hereof for any reason
whatsoever shall, when applying for the cancellation of their residence permits,
attach with their applications a letter from the said corporation stating that
passenger tickets are issued in their favour ~y Kuwait Airways Corporation to fly
from Kuwait proceeding to their countnes aboard KAC flights or through
arrangement made by it.
178 179
M.INISTERIAL RESOLUTION NO. 82 OF 1984, PERMITTING
DOMESTIC SERVANTS AND THE LIKE TO WORK IN PRI-
VATE SECTOR
The Minister of Social Affairs & Labour;
Having perused the Decree No. 17 of 1959, promulgating the Aliens
Residence Law, and all its relevant amendments; and
The Private Sector Labour Law No. 38 of 1964; and
The Council of Minister Resolution, passed in its Session No. 34/84, held on
29.7.1984; and
The Ministerial Resolution No. 77 of 1984. concerning issue of labour permits
to private sector non-Kuwaiti labours; and
Pursuant to the requirements of pubic interest; and
After the proposal made by the Undersecretary of the Ministry,
HEREBY DECIDES:
ARTICLE I
Domestic servants and the like may be permitted to work, provided that the
following conditions are satisfied:-
a) Securing the employer's consent to permit his domestic servant to work in the
Private Sector.
b) The new employer is required to fulfil.1~IIthe. re1e~ant conditions in accordance
with the rules laid down by the MInistry In this respect.
c) That the domestic servant in question had secured the required residence permit
before 6.9.1982.
ARTICLE 2
This resolution shall be operative the date of its promulgation. and shall be
published in the Official Gazette.
MINISTERIAL RESOLUTION NO. 83 OF 1984, PROHIBITING
ACCEPTANCE OF APPLICA TIONS FOR ISSUANCE OF
LABOUR PERMITS TO FEMALE - LABOURERS FROM.
PEOPLE'S REPUBLIC OF BANGLADESH
The Minister of Socia I Affair & Labour,
Having perused II ie Private Sector Labour Law No. 38 of 1964; and
The Ministerial Resolution No. 77 of 1984, for issue of labour permits to
non-Kuwait labourers in the Private Sector; and
The Ministerial Resolution No, 78 of 1984 on limitation of labour permits to
certain sectors; and
Pursuant to the request of the People's Republic of Bangladesh Government
not to issue female applications with labour permits, save certain professions; and
Acting upon the proposal submitted by the Undersecretary of the Ministry,
HEREBY ORDERS:
ARTICLE 1
Acceptance of applications for issuance of labour permits to female applicants
of People's Republic of Bangladesh is hereby restricted.
ARTICLE 2
Female Physicians, Engineers, Teachers and Nurses are exempted from the
prohibition specified in Article "I" hereof, provided that copies of the required
academic qualifications are submitted thereto, alongwith the documents necessary
.for issuance of labour permits and that the originals of such certificates are
authenticated by the competent Ministries, and meanwhile legalized by the
Ministry of Foreign Affairs of the People's Republic of Bangladesh.
ARTICLE 3
This resolution shall be effective the date of its promulgation, and every
concerned shall be advised to implement it, besides being published in the Official
Gazettee.

MINISTER OF SOCIAL AFFAIRS & LABOUR MINISTER OF SOCIAL AFFAIRS & LABOUR
Hamad Eisa AI-Rajeeb Hamad Eisa AI-RaJeeb

Date: 24th Zul Haiia 1404 H Date: 3rd Safar, 1405 H,

Corresponding to: 19.9.1984 CorrespoDding to: 27.10.1984

lll) 181
MINISTERIAL RESOLUTION NO. 84 OF 1985 APPOINTING
THE COMPETENT EMPLOYEES CONCERNED WITH 2) ~o c.a.rr~ o~t a Prlodi.cal in pection to veri;y the conformity of the establishment
LABOUR PERMITS INSPECTION, WITH SPECIFICATION OF p~rllculars and data 10 comparison with the number and category of the existing
manpower and the relevant labour permits issued in this respect.
THEIR FUNCTIONS AND POWERS
The Minister of Social Affairs and Labour, 3) To verify whether the labourers who are in the service of the establishmenl
concerned are properly issued with valid labour permits to work therein; and
Having perused the Private Sector Labour Law No. 38 of 1964; and meanwhile count the number of labourers working for such establishment. but
under the sponsorship of any third party, or without holding labour permits.
The Law No. 28 of 1969, concerning the Oil Sector Service; and
4) To inspect all industrial firms and business estahlishments so as to identify their
needs of manpower or Iht, extent of new labourers requirements.
The Ministerial Resolution No. 30n7 concerning the powers of the competent
officials supervising the implementation of the labour laws and their executive
rules and regulations; and 5) ":0 w~ite dow~ .any verbal process of contraventions regarding any acts of law
vJOlall~ns: onginals of which shall he delivered to the defaulters concerned
after slg~Jng the relevant duplicates.
The Ministerial Resolution No. 65 of 1983 on appointment of the competent
employees concerned with the supervision of implementing labour laws and their
6) To discuss a~y issue raised by and 'hetween labourers and employers regarding
executive rules and regulations; and
labour permits and prepare the necessary memoranda in this respect.
The Ministerial Resolution No. 52 of 1984 on replanning, organizing and
identifying the powers and functions of labour sector departments at the Minstry; ARTICLE 3
and ":his .resolut.ion shall be published in the Official Gazette, and shall be
effective Immediately published, i.e. the date of its publication.
The Ministerial Resolution No. 77 of 1984, concerning the issuance of labour
permits to the private sector non-Kuwaiti labourers; and

Acting upon the public interest needs; and

Pursuant to the representation made by the Undersecretary of the Ministry,

MINISTER OF SOCIAL AFFAIRS & LABOUR
Hamad Eissa AI-RlV~b
HEREBY DECIDES:-

ARTICLE 1
Date: 28th Rabie AI-Akbar, 1405 H.,
The occupants of the posts specified below at the La~ur Departments of the
Corresponding to: 19.1.1985
Ministry of Social Affairs and Labour ~re hereby authonzed and empo~ered to
inspect and supervise the implementatl~n of Labour Laws, together With then
executive rules and regulations, regarding labour permits, namely:-

1) The Directors of Labour Departments at the relevant Governorates.

2) Controllers of Labour Permits Inspection Controls.

3) Heads and Inspectors of Labour Permits Inspection Divisions.

4) Departmental heads and Inspectors of Labour-Permits Inspection Divisions.

ARTICLE 2
.: The competent officials of !nspec~ion, duly empowered to supervise. the
implementation of labour laws, wl!h t~eu e~ecu~ ••v,~ orders, rules and regulations
regarding labour permits, as specified 10 .Artlcle 1 hereof; shall, for the purpose
of achieving this objective, have the nght: .

1) Of access, for inspection, to any pl,ace of work and establishments at any time,
without prenotification.

182
183
 MINISTERIAL RESOLUTION NO. 85 OF 1985 ON EMPLOY-
MENT OF WOMEN AT NIGHT ARTICLE 5
The Minister of Social & Labour. shall-r::: ~::!~:~~I Resolution No. 29 of 1976 on employment of women at night
Having perused the provisions of Public Sector Labour Law No. 38 of
1964; and ARTICLE 6
The Ministerial Resolution No. 28 of 1976. duly defining the term night; ~is resolution shall be published in the Official Gazette, and shall be
and effective the date of its publication.

The Ministerial Resolution No. 29 of 1976. on employment of women at

night: and

Acting upon the public interest needs; and

MINSTER OF SOCIAL AFFAIRS & LABOUR
After the proposal made by the Undersecretary of the Ministry, Khalid AI-Jumain

HEREBY ORDERS:-

ARTICLE I Date: 11th Shaban 1405 H.,

Without prejudice to the provisions of Articles 21 and 33 of the Private Corresponding to: 1st May 1985
Sector Labour Law No. 38 of 1964. women shall be employed at night in the
places specified hereunder. in addition to the medical treatment houses (clinics)
legally provided for therein:-

I) Pharmacies
2) Hotels
3) Nursery schools and handicapped Homes
4) Play houses (Theatres)
5) Entertainment City
6) Airline and Tourist Offices.

ARTICLE 2
Women are permitted to work at night up to 12.00 PM. (000 1 hrs), in the
following places:-

1) Cooperative Societies and Public Utility Societies

2) Medical Clinics.
3) Ladies Beauty Saloons and Tailoring Shops.
4) Banks, Companies and Business Concerns
5. Restaurants.

ARTICLE 3
.Co~petent la~r departments, each within the area of its jurisdiction may,
for the Sectors provided for in Article 2 of this resolution, extend the working
hours at night during the holy month of Ramadan, feasts, public celebrations and
national days.

ARTICLE 4
Employers shall in the event of the cases stipulated in this resolution arrange
to provide means of Transport to the women entrusted with the performance of
such duties.

184
1&5
 MINISTERIAL RESOLUTION NO. 86 OF 1986
The Minister of Social Affairs & Labour;;
Having perused the Private Sector Labour Law No. 38 of 1964;. and the
Ministerial Resolution No. 77 of 1984, concerning issue of labour permits to the
Private Sector non-Kuwaiti labourers; and
Pursuant to the Minister of Interior's Resolution No.9 of 1981, concerning
the stipulations and situations of those usufructuries subject to the provisions of
chapter 5 of the Social Security Law i.e. Social Insurance Law, together with the
relevant rules, dates and the procedure of their registration; and
Pursuant to the letter of the Public Institution for Social Security No. 2385 of
25.3.1986; and
Acting upon the requirements of the Public interest; and
After the proposal made by the Undersecretary of the Ministry,
HEREBY ORDERS:-
ARTICLE I
All Public Sector employers, deemed to be usufructuaries under the
provisions of the Ministerial ~esolut~on No. 77 of 198~ are ~ereby obliged to
submit to this Ministry a certificate Issued by the Public Institution for Social
Security, showing that they have settled their due subscriptions, duly covering
themselves and their Kuwaiti employees. The said certificate shall be attached
with the documents required for issuance, renewal, cancellation and/or transfer of
labour permits.
ARTICLE 2
This resolution shall be published in the Official Gazette, and shall be
operative to date of its publication.
MINISTRY OF SOCIAL AFFAIRS & LABOUR
MINISTERIAL RESOLUTION NO. 87 OF 1989 ORGANIZING
THE PRIVATE SECTOR LABOUR
The Minister of Social Affairs & Labour,
Having perused the Private Sector Labour Law No. 38 of 1964; and
The Decree promulgated on 7th January, 1979, concerning the functions and
powers of Ministry of Social Affairs & labour; and
The Ministerial Resolution No. 62 of 1982, directing labourers to refer to the
Consulates of Kuwait State abroad or to the Ministry of Interior in Kuwait; and
The Resolutions of the Minister of Commerce & Industry Nos. 51 & 5211982,
43,44 & 45/1983, as well as Nos. 7 & 8/1984, duly permitting the Gulf Cooperation
Council Arab States nationals to practice and carry on certain professions and
activities in the State of Kuwait; and
The Ministerial Resolution No. 82 of 1984, permitting the domestic servants
and the like to render service to the private sector; and
The Ministerial Resolution No. 75 of 1984, concerning Gulf Cooperation
Council Arab States nationals to be treated on the basis of reciprocity as same as
Kuwaitis regarding all dealings relating to labour; and
The Ministerial Resolutions Nos. 77, 78 and 83 of 1984, governing the
issuance of labour permits for the private sector non-Kuwaiti labourers; and
Pursuant to. the requirements of public interest; and
Upon the proposal made by the Undersecretary of the Ministry,
HEREBY DECIDES::-

1ST. THE SCOPE OF RESOLUTION APPLICABILITY:

MINISTER OF SOCIAL AFFAIRS & LABOUR
Khalld AI-Jumaiau
ARTICLE 1
The provisions of this resolutions shall be applicable to employers, employing
Kuwaiti and non-Kuwaiti labourers, as well as to the labourers and professionals,
duly licenced by the competent authorities. partners of Kuwaiti compaines,
craftmen and professionals licenced by this Ministry.
Date: 11th Sbabao, 1406 H.,
Correspondiog to: 20.4.1986 2ND. REGISTRATION OF EMPLOYERS::

ARTICLE 1
The licences granted to employers for practicing the relevant activities shall
be registered at the Labour Department. within whose jurisdiction the main office
and centre of business of the employer concerned is located.

The fol:owing documents are required to be attached to the application form

of registration:-
186 187
I) A copy of the Memorandum of Association of the applicant company, and any de'pa~ments is able to occupy the vacant position. In the event of the. e~;>l~yer's
pertinent amendments, if available. rejection to emply the registered labourer who was nominated to jom his/her
service, the employer shall not be issued with a labour permit for employing an
2) A copy of the licence issued by the concerned authority for practicing the alien to fill in that vacancy.
pertinent activity or profession.
ARTICLE 7
3) A certificate from the Public Authority for Civil Information, s~owing the main
address and centre of business of the employer, together with all pertinent Every employer who employs Kuwaiti labourers or Gulf Cooperation Council
branches, if any Arab States national is required to register their names in the relevant form
appropriately prepared for the said purpose and made available at labour
4) The specimen of the employer's signature or that of the signature of any person department, located within the area of his/her business activities. Moreover,
authorized by him/her under the provisions of this resolution. he/she shall keep the said department informed of any excess or shortage in his/her
labour force within fifteen days from the date it occurs.
ARTICLE 3
Any person authorized to sign on behalf of the employer shall be a Kuwaiti
4TH. EMPLOYMENT OF NON-KUWAITIS
national or a Gulf Cooperation Council State's citizen. As for the companies
comprising non-Gulf Cooperation Council States .Partners, only the .signatur~ of. a ARTICLE 8
Kuwaiti partner or such a person delegated .by hl~/her and auth?nzed to sl~n In The competent labour department shall issue the employer with a labour-
accordance with the provisions of the preceding article shall prevail. The specimen
permit to employ non-Kuwaiti labourers in accordance with the following rules
of the employer's signature or of the person autho~ized by him/her. sh.all be
and regulations>
certified by Kuwait Chamber of Commerce & Industry If the relevant activities are
subject to registration with Kuwait Ch~mber of C?mmerce & Indu.stry or 1) Non-availability of a Kuwaiti national or the like registered with the said
approved by the Competent Authority Iss.u~d the hce~ce for .practlcmg the department who is able to perform the job required.
pertinent profession or approved by the Ministry of Social Affairs & Labour.
2) Availability of a satisfactory justification, indicating the need of the labourer
ARTICLE 4 required, pursuant to the employer's business activity or the project already
contracted, for implementation by him/her and the number of the labourers
The employer is required to keep t?e labour ~epart~ent concerned in!ormed
currently existing in hislher service.
of any change occurs in his(her est~b~l~hment (firm), Its branches: the hcen~es
issued for practicing the pertinent activiues and any compl~te or part~a~ suspension
3) Conformity of the required labourer's profession with the employer's business
of the employer's business activitie.s. The failure ~o notl.fy t.he Ministry of any
activity, or any of the auxiliary or complementary activities exercised by the
particulars of the aforesaid information shall result m application of the necessary
employer for supporting hislher main business activity. Further rules and
measures by the Competent Labour Department in this respect.
regulations and/or specific stipulations may be added under a resolution issued
by the Undersecretary of the Ministry for the purpose of issuing labour permits.
3RD. EMPLOYMENT OF KUWAITIS AND THE LIKE
ARTICLE 9
ARTICLE 5
Issuance of a labour permit for a non-Kuwaiti labourer shall be applied for by
Unemployed Kuwaitis and Gulf Cooperation Council Arab States nationals completing the appropriate form, prepared by the Ministry for this purpose, with
shall register their names w!th any ~ompeten.. La?ou~ Department. Ev7ry the following documents attached thereto»
registered labourer shall be Issued with a registration-identity-card, showing
hislher name, address, nationality, qualifications, the type of work he/she desires 1) A copy of the academic and/or educational qualifications, or a testimonial
to perform and the name of hislher last employer, If any. Consequ~ntly, the showing the practical and/or applied experience of the labourer required.
competent labour departments shall, ~mong themse~ves, exchange and intercom-
municate all particulars and information of the registered labourers. Moreover, 2) A copy of the page of the required labourer's particulars specified in his/her
such registered labourers may be referred by the concerned officers from one passport.
department to another. The comPc:tent de~artments sbaH,. then, publish the
pertinent particulars and information, besides endeavoun~g to ~nd them 3) Specimen of signature of the employer or of any person duly delegated to sign
employment opportunities, and nominate t~e sa~e f~r SUItable Jobs, duly on hislher behalf.
conforming with their technical and academic qualifications.

ARTICLE 6 ARTICLE 10
In accordance with the provisions of thi~ Resolution, the ~mpet~nt I.abour The employer shall undertake to appoint the labourer issued with a labour
departments shall not issue anr employer WIth a labour-pe~lt to bn~g m, or permit so as to join his/her service, and submit to the competent labour
employ any alien-labourers, If any of the labourers registered WIth such department the labour permit issued by this Ministry within a maximum period of

188 189
one month, with effect 'from the date of the labourer's entry or arrival in Kuwait,
with the following documents properly attached thereto: and professions, practicabl' . .
any specific compete teat !helr. expense without any ~Icences to be issued by
fOllOWing conditions:~ authonty, If the concerned apphcant has satisified the
1) The Travelling documents of the labourer i.e. hislher passport

2) The .r~levant labour permit, duly certified by Kuwait Consulate at the n.atural 1) To submit to the Minist f"
such a professio . Kry ayroo , evidencing that he/she has been practicing
domicile (country) of the required labourer, otherwise the measures apphed by n 10 uwair for at least ten years.
the Ministry of Interior in this respect shall be observed, provided that the said
permit is endorsed by the Boarder Authorities. 2) The r
app rcant shall not be less than 30 Gregorians years old.

3. The signature specimen of the employer or any persons deputize by him/her to 3) The applicant shall have a specific place of domicile, well know to the Ministry.
sign on hislher behalf.
of a A:o application for alabour permit in such a case may be submitted b means
In case the employer has failed to abide by the provisions stipulated in this Lab~~r fo~a:~:; c~~PletlOf the f~r'!1 prepared by the Ministry of Social Iffairs &
resolution, the Ministry may cancel the relevant labour permit and order the
he Ministry may at any time cancel the said labour
permit without i~dl·cpoatSI·en·g
deportation of the labourer in question at the expense of the employer or to any reasons.
suspend any additional labour-force newly required for a maximum period of
three months or until such contravention is rectified, whichever is shorter. ARTICLE IS

ARTICLE 11 to w~o~~ ~~w~~~ ~~~j:c~~xit~:::o;:~;~~s ~f tt~is resolution shall be permitted

Employment of labourers by an employer is prohibited. Unless the Minstry provided that the person concerned has subm?tted ~e.~:ears q),
~uly renewable,
permits himlher to do so, or issue labour permits in respect of such labourers to 10 the approporiate form prepared by the Mini ~ er.apphcatlOn for renewal,
other employers. In the event of any contravention made by the employer with prior to the expiry date of the residence e OIs!ry Orhthls purpos~ three months
enclosed thereto.. p rrmt , wit the followlOg documents
regard to the provision of this article, the labour permits issued in respect of such
labourers shall be cancelled, and the labourers involved shall be deported home at
the expense of the employer for whom they were found working. Moreover, the 1) A valid travelling document I'
r.e. a va id passport.
competent labour department shall have the right to suspend any new and/or
additional labour force required by either of the involved i.e. the first or second 2) The duplicate copy of the previous work permit.
employer for a period of six (6) month, or until such contravention is rectified
whichever comes first. 3) A copy of applicant's labour identity card.

4) The employer's signature specimen or th . .

ARTICLE 12 auth?~ized by the employer to sign on ~i~cl~e~ ~: ~Ignature of any person
provisions stipulated in this resolution. er e a 10 accordance With the
For every labourer who is issued with a labour permit to serve a certain
employer, it is prohibited to work for another employer, even as a part time, and 5TH. TRANSFER OF A LABOUR PERMIT
under the consent of the principal employer. In such a case the labour penn it
issued to the involved labourer shall be cancelled, and the labourer in question
shall be deported home at the expense of the employer for whom he was found ARTICLE 16
working. Any labour permit issued in res' t fIb
shall not be transferred to another e::~o~e: ba f ourer Ito serve a certain employer
ARTICLE 13 the labourer in question has s nt in the se:v.on! at east a.laI:'se of three years.
whose service the said labou~ permit was 0 Ice. O~/h~ pnncipal employer for
Labour penn its shall be issued to craftsmen, professionals and company
labourer is brought from abroad or locally e~~I~~e~.lssued, whether such a
non-Kuwaiti partners, if the person concerned has submitted an application in the
appropriate fonn prepared by the Ministry for the said purpose, with the following
The validity of relevant duration shall comm .
documents, duly attached thereto:- date of issuing the labour _ permit. In the evente~fce to ~un ~lIh effect from the
contract concluded between the employer and labo term~na.tlOg the employment
1) A valid travelling documents, i.e. passports reasOn whatsoever, the employer shall be held liabfre; within this per.iod for any
labourer, even if he/she is locally employed. e or the repatnatlon of such
2) An authenticated copy of the company Memorandum of Association, or a copy
of the licence, issued by the competent authority in his/her name to practice the
With regard to government projects, labourers sh I
profession in question. One employer to another during the valid period of co a I not be t~a~sferred from
duration provided for herein before save' hntract, even If It exceeds the
ARTICLE 14 Withd I . . .
rawa from the principal contractor
10 t e case of
for read' di .
.
. project-contract
The Ministry may issue labour permits to craftmen and professional of crafts another contractor, then labourers may be transfjU ~atlon 10· the favour of
applying the duration condition stipulated hereof. rre to the latter. without
190
191
 Upon the expiry of the government contract the employer may transfer such
labourer .tl?another ~mployer .of a similar project, or repatriate them pursuant to
the provisrons of this resolution. The Minister may exempt an~ person,. as h.e
deemed as appropriate, from the condition of the duration stipulated 10 this
article.
ARTICLE 17
The Ministry may exempt those who have been residing continuously in
Kuwait for a constant period of ten (10) years, from the provision of the duration
stipulated in the preceding article, if the relevant labour contract has been
terminated under the consent of the employer concerned, or in accordance with
the provisions of either Article 57 or Article 59 of the Private Sector Labour Law.
ARTICLE 18
The transfer application shall be submitted in the appropriate form,
duly prepared by the Ministry of this purpose with the following
documents, properly attached thereto:-
1) A valid travelling documents i.e. applicant's passport.
2) The duplicate-copy of the previous work permit.
3) The specimen of signatures of both employers, the first and second, or
of any person delegated by either of them to sign to accordance Withthe
provisions of this resolution.
4) A copy of the labour-identity-card issued to the labourer.
ARTICLE 19
In the event of the employer's rejection, the Ministry shall have the right,
without referred to the employer to transfer the labour permit i~s.uedin.respect ?f
a labourer to another employer if the labourer satisfies the conditions stipulated 10
Article 16 of this Resolution.
6TH. FINAL CONCELLATION OF LABOUR PERMIT
ARTICLE 20
In all cases the employer undertakes to cancel the labour per!1lit i~sue~ in
respect of a labourer after the expiry of the labourer's term of service With hl~,
besides repatriating the labourer at the employer's expense, un~ess the laboure~ IS
entitled to transfer his/her labourer permit to another employer 10 accordance WIth
the provisions of this resolution, save thetollowing case~ where the labourer shall
be held liable to bear hislher repatnauon expenses, r.e.r.-
1) If the labourer's service has been terminated .under a disciplinary action,
pursuant to the provisions of Article 55 of the Pnvate Sector Labour Law No.
38 of 1964.
2) If the labourer refused to continue in the. employer's service during the period
of contract, without having any legal nght to do so.
3) If the labourer has terminated his/her service contract.i~ a manner contradictory
to the conditions stipulated therein or to the P(OVISIOnsof the labour law.
192
In all su~h cases the i.nvolved labourer shall be deprived of being issued with a
labour permit to serve In Kuwait for at least a term of two years.
ARTICLE 21
Th~ final cancellation of a labour permit shall be applied for in the
appropnate form, prepared by the Ministry for this purpose, with the following
documents, attached thereto:-
1) The travelling document of the labourer i.e. the labourer's passport.
2) The labour-identity-card already issued to labourer.
3) A passenger ticket for the labourer.
4) A copy of the previous labour permit issued in respect of the labourer.
ARTICLE 22
In the event of final cancellation of a labour permit granted to a labourer, the
employer undertakes to return to the Ministry a copy of the cancellation form
with the indication of the Border Authorities, duly confirming the labourer'~
departure. The department concerned shall, then issue the employer with a
written acknowledgement of receipt of the said form.
No furt~er dealings applications shall be accepted from the employer, unless
he/she submits the copy referred to hereof to the competent Labour Department.
ARTICLE 23
Employer who ~nter into contracts with the government for implementation
of go.vem~ental projects, and consequently apply for issuance of labour permits
to b,?ng allen-Iabou~ force from ab~oa~ for the execution of the said projects are
required to use the aircraft of Kuwait Airways Corporation or the national air lines
of the country from whom the alien labour force is recruited. This should be made
in agreement with the General Administration of Civil Aviation Directorate, with
regard to the carriage of cargo and passengers to and from Kuwait back to the
domicile of such alien labourers.
ARTICLE 24
The Ministry shall have the right without indicating any reasons, to reject an
application for a labour-permit, a labour permit renewal or transfer to another
employer in spite of satisfying the required conditions of each.
Furthermore, the Ministry may, without stating the relevant reason, ask the
employer to cancel a labour permit of a certain labourer and repatriate himlher.
ARTICLE 25·
. The provisions governning the labour force of each business activity shall be
ISSUedunder a Ministerial Resolution.
ARTICLE 26
This resolution shall be published in the Official Gazette, and shall come into
fo~~ ~er two m~nths as from the date of its publication. The following
Mioistenal Resolutions shall be repealed immediately it is enforceable, i.e. the
193
 -...."....------:'----:-;f~t =s;rfe~rin conformity
b) The Ministry may perform the procedure 0 ran
. .' . g the consen 0
t f th
e
MINISTRY OF SOCIAL AFFAIRS & LABOUR
with Article 15 of this Resolution, without secunn. d d
. .
employer or refemng to him/her 10 case JS e
. hi /h r file IS suspen e or
I . th MINISTERIAL RESOLUTION NO. 101 OF 1993 CON-
finally closed, while the Ministry is aware o~ the same, a~d a sOal~e a~ CERNING
event of hislher rejection to effect the said transfer Without g
justifiable reason.
FINANCIAL GUARANTEE REGULATIONS OF
ARTICLE 3 PRIV ATE SECTOR LABOURERS AND WITH-
DRA WAL THEREFROM
This Resolution shall be published in the Official Gazette and shall be
operative the date of its publication. The Minister of Social Affairs & Labour,

Having Perused Law No. 3X of 1964, governing Private Sector Labour dul~
MINISTER OF SOCIAL AFFAIRS & LABOUR amended by Law No. 43 of 196H; and
Issued on l st Rabi Al Awal, 1414 H; Law No. 28 of 1969 concerning Oil Sector Labour; and
Corresponding to 18th August, 1993 A.D. The Decree Promulgated on 7.1.1979 on Ministry of Social Affairs &
Labour; and

The Council of Ministers Resolution No. 55 of 19X3 empowering the

Ministry to lay down the rules necessary for implementation of the financial
guarantee; and

The Ministerial Resolution No. 89 of 1989 on the financial guarantee of the

Private Sector Labourers; and

The Ministerial Resolution No. 804 of 1990 authorizing the Ministry

Undersecretary and Assistant Undersecretary, for Labour Affairs to withdraw
money from the financial guarantee amounts; and

The Ministerial Resolution No. 99 of 1993 organizing the Private Sector La-
bour; and

Pursuant to the public interest requirements; and

Upon the proposal presented by the Undersecretary of the Ministry,

Hereby decides the following:

ARTICLE 1
Employers of Private Sector Labourers shall observe the Financial
Guarantee Rules Implementation in accordance with the provisions and
discipline-regulations stipulated in this Resolution.

ARTICLE 2
The following business categories shall be subject to the provisions of
this Resolution:

- 196 - - 197-
 a. Business owners and employers bound by contracts for implementation
ARTICLE 6
of government projects.
Subject to the provisions of Article 5 of this Resolution, the employer
b. Business owners and employers practicing contracting-work activities, shall provide the Ministry of Social Affairs & Labour with an authorization
other than those prescribed in Clause 1 of this Article. in writing, whereby it shall be empowered to withdraw from the said
c. Other activities provision of guarantee in whose respect is deemed guarantee the whole or any partial amount whenever necessary in the event of
necessary by the Ministry. the following cases:

a. Violation of the provision of Private Sector Labour Law No. 38 of 1964

ARTICLE 3
and/or its relevant amendments and failure to rectify the same in spite
For implementation of this Resolution the value of financial guarantee of notification of the penalty provided for in Article 97 of the said law.
required is fixed in accordance with the following schedule:
b. Non-abidance of the employer by the provisions of the Ministerial Res-
olution No. 99 of 1993. a case which resulted in the suspension of his!
No. of Workers According to Value of the Financial Guarantee her file with the Ministry completely or partially.
Assessed Requirements
c. Non-payment of labour-wages regularly in their periodical time by the
From 1 to 500 Workers KD 250 for each Worker employer or his/her failure to pay other indisputed entitlements of
labourers or such amounts adjudged to pay.
From 501 to 1000 Workers KD 200 for each Worker
d. Refusal or delay to repatriate the labourers under his/her sponsorship to
their country after expiry and/or termination of their relevant
From 1001 and over KD 150 for each Worker employment contracts or whenever it deemed necessary to do so under
the Law or Ministerial Resolutions.

e. Refusal to pay any other financial charges which he/she is deemed liable
to meet according to law or in conformity with any other resolutions by
ARTICLE 4 the reason of labourers under his/her sponsorship in Kuwait.

In exception to the provision of the preceding Article, the Ministry
may be satisfied with at least 25% of the value of the required financial
guarantee from the employers of labourers categories prescribed in Clause A
of Article 2 hereof; and with at least a rate of 50% of the labourerfs
employers categories stipulated in Clause B of the same Article, if the
Ministry has established that such categories have abided by the provisions of
the law and by the Ministerial Resoultions issued for implementation of the
same, and that no violations of labourerfs inspection, individuals or collective
labour disputes were filed against them for at least one year duration prior to
the period of the said guarantee validity.
ARTICLES
The employer shall provide the required financial guarantee under a
letter of guarantee, duly issued by one of the Kuwaiti banks in the favour of
the competent Labour Department concerned, including the authorization
vested in the Ministry to withdraw money-amounts from the said guarantee,
against a receipt duly delivered to the employer concerned, with a .copy of the
same kept in his/her relevant file.
f. Other urgent and important cases as assessed by the Ministry in the light
of pertinent investigations, inquires or amicable settlements duly
conducted. provided that priority of payment from such amount shall be
made for the purpose of settling labourerfs entitlement, adjusting their
situation in the country or repatriating them home.
ARTICLE 7
Without prejudice to the provision of Article 4 hereof, the employer
shall in the event of money withdrawal from the amount of financial
guarantee paid up by him/her, cover the said amount of guarantee in full,
",:ithin a period not exceeding fifteen (15) days from the date of notifying
him/her accordingly by means of a registered letter with acknowledgment of
receipt.
Moreover, the Employer is also required to renew the relevant letter of
guarantee at least 15 (fifteen) days prior to its expiry date.

- 198 - - 199-

--
 TICLE8
The Undersecretary of the Ministry and the Assistant Undersecreta~y
for Labour Affairs are authorized to withdraw all or part of the amounts paid
by the employers as a financial guarantee in conformity with the provisions
of this Resolution for payment of the required expenses if any of the cases
provided for in Article 6 hereof has occurred.
ARTICLE 9
The financial guarantee retention shall exist as long as the employer is
held liable for the implementation of the project for which it was provided
until the project has been liquidated and the labourers situation is properly
settled'. The validity of the financial guarantee letter shall be expired by
means of a letter directed by the competent Ministry to the concerned bank
expressly requesting the release of the guarantee amount retained.
ARTICLE 10
In the event of breach of this Resolution provisions by the employer or
the employerfs failure to abide by the same, the Ministry. shal.1ha~e the .r~ght
to suspend the file of the said defaulter until such a violation IS rectified,
without prejudice to its right regarding implementation of Article 97
provisions of the Private Sector Labour Law in this respect.
ARTICLE 11
This Resolution shall be published in the Official Gazette and shall be
operative the date of its publication thereof, with repealing of ot~er two
implementing Resolutions Nos. 89 of 1989 and 804 of 1990 concernmg the
Financial Guarantee and the relevant authorization for withdrawal from the
same.
MINISTER OF SOCIAL AFFAIRS & LABOUR.
Date: 26th Rabi AI Awal, 1414 H;
Corresponding to 12th September, 1993 A.D.
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MINISTRY OF SOCIAL AFFAIRS & LABOUR
MINISTERIAL RESOLUTION NO. 104 OF 1994 CON-
CERNING PRIVATE SECTOR OVERTIME HOURS
The Minister of Social Affairs & Labour,
Having seen the International Labour Agreement No. I of 1919, duly
identifying overtime working hours in industrial firms and installations; and
The International Labour Agreement No. 30 of 1930 organizing business and
office working hours; and
Pursuant to Law No. 38 of 1964 on Private Sector Labour; and
The Decree promulgated on 7th January, 1979 specifying the powers and
functions of the Ministry of Social Affairs & Labour; and
The Ministerial Resolution No. 54 of 1982 concerning week off days of
labourers; and
Pursuant to the public interest requirements; and
Upon the proposal made by the Undersecretary of the Ministry,
Hereby decides:
ARTICLE 1
Without prejudice to the provisions of Articles 33, 34 & 35 of the
Private Sector Labour. Law No. 38 of 1964, employers may request their
employees to work overtime in conformity with the following rules:
a. Additional overtime working hours are fixed to be six hours a week
provided that daily overtime shall not exceed two hours.
b. It shall be observed that the overtime working hours a labour is
entrusted to perform shall not exceed 90 days a year i.e. at a maximum
limit of 180 hours annually.
ARTICLE 2
Overtime hours of installations and firms nature of which requires
continuous shifts successively shall not exceed 56 hours a week.
ARTICLE 3
Every employer is required to maintain a special register in which
overtime hours are appropriately recorded duly showing the following:
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 aJ'U""" YYTIt;;;1 \;onct:me 1[Ii performance or
additional working hours.
MINISTRY OF SOCIAL AFFAIRS & LABOUR
b. A statement showing the total of additional working hours the labourer
is entrusted to carry out. MINISTERIAL RESOLUTION NO. 110 OF 1995
The Minister of Social Affairs & Labour,
c. A statement showing the wages payable against the additional working
hours the labour is entrusted to perform. Having considered Law No. 38 of 1964 on Private Sector Labour; and

ARTICLE 4 The Ministerial Resolution No. 106 of 1994 organizing Private Sector
Labour; and
This Resolution shall be published in the Official Gazette and shall be
operative the date of its publication. Considering the public interest; andPursuant to the proposal made by the
Undersecretary of the Ministry,
MINISTER OF SOCIAL AFFAIRS & LABOUR
Hereby decides:
Issued on 20th Zul Hijja, 1414 H;

Corresponding to 31st May, 1994 A.D. ARTICLE 1

Employers who appoints employees of monthly salaries amounting to
KD 100 or more shall transfer their salaries to Kuwaiti banks at the usual
dates of salary payment and notify them regularly of such act.

ARTICLE 2 .
The employees subject to the provisions of this Resolution shall open
accounts with Kuwaiti banks and notify the employer accordingly to transfer
their salaries to the said accounts.

ARTICLE 3
Employers shall display list of the name, nationality and civil number
of his employers conspicuously at the place of work.

ARTICLE 4
The respective Labour Departments shall suspend the file of any
employer who does not comply with this procedure.

ARTICLES
This Resolution shall be published in the Official Gazette and shall be
operative the date of its publication.

AHMAD KHALID AL KULAIB,

MINISTER OF SOCIAL AFFAIRS & LABOUR.

Issued on 6th Shaban, 1415 H;

Corresponding to 7th January, 1995 A.D.

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- 203-
 The owners of such offices are prohibited to receive any amounts of
money from labourers against their employment or for the purpose of keeping
PROVISIONS OF under their sponsorship whether directly or indirectly.

LA W NO. 38 OF 1964, CONCERNING The Minister of Social Affairs & Labour shall specify in a Resolution
issued by him the conditions and the procedure of granting such a licence, its
PRIV ATE SECTOR LABOUR LAW duration, the fees of issuance or renewal, the cases where it shall be
Having perused the Constitution; and withdrawn or canceled, together with the rules organizing such offices.
including the books and records licencees are liable to maintain.
Law Decree No. 17 of 1959 on Aliens Residence and its amending laws
thereof; and Article 97
Law No. 38 of 1964 on Private Sector Labour Law and all its amending laws With prejudice to any severer penalty provided for in any other law.
thereof; and whosoever violates the provisions of this Law and/or its Implementing
Regulations shall be punishable as follows.
Law No. 32 of 1969 reorganizing business concerns/shops licences; and
a A defaulter shall be served with a notice to rectify the violation within 3
Law No. 40 of 1992, reorganizing Domestic Servants Offices and the like; and
fixed period, duly specified by the Ministry of Social Affairs & Labour,
The National Assembly has ratified the following Law, which we hereby provided that it shall not exceed three month.
sanction and promulgate;
b If the violation has not been rectified within the fixed period. the
ARTICLE 1 defaulter shall be liable to pay a fine not less than KD 100 (Kuwaiti
Dinars One Hundred only) and not more than KD 200. (Kuwaiti Dinars
The provisions of Articles 3, II and 97 of Law No. 38 of 1964 Two Hundred only) for each labourer of such violation. The said tine
referred to hereof shall be replaced with the following provisions: shall be doubled in the event of recidivism of the same violation within a
three year term from the date of a final judgment rendition in respect of
Article 3 the same.

a. The employer is prohibited to employ non-Kuwaiti labourers and ARTICLE 2

non-Gulf Cooperation Council States Nationals of Arab Gulf States,
A new article under title No. 97 Bisf of the following text shall be.
unless they are permitted by the Ministry of Social Affairs & Labour to
added to Law No. 38 of 1964 referred to hereof:
work for him.

b The employer may not bring in labourers from abroad, and then Article 97 Bis
intentionally does not give them jobs to work for him, or to establish
In exception to the provision of Article 97 of this Law, punishable
that he is not actually in need of their services.
with im prisonment for a term not exceeding three years punishable with
c The labourers stated in Clauses (b), (c), (e), (f) and (g) of the preceding imprisonment for a term not exceeding three years and a fine not more than
article are exempted from the provisions of this article. KD 5,000 (Kuwaiti Dinars Five Thousand only) or with either of the said
two penalties whosoever violates the provisions of Clause (b) of Article 3 of
this Law.
AJ:ticle 11
The Ministry of Social Affairs & Labour may permit opening of
Labour-Offices whose duty is to facilitate securing incoming expatriates or
locally recruited manpower for employer according to the relevant
experiences and area of specialization duly licensed to recruit.

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 LE3 EXPLANATORY MEMORANDUM TO
All Ministers, each within his jurisdiction, shall implement this Law.
A DRAFT LAW
AMIR OF KUWAIT,
AMENDING CERTAIN PROVISION OF
JABER AL AHMAD AL SABAH.
LA W NO. 38 OF 1964, CONCERNING PRIVATE SEC-
Issued at Bayan Palace on 28th Safar, 1416 H;
TOR LABOUR LAW
Corresponding to 26th July, 1995 A.D.
Almost three decades have been expired since the promulgation of
Private Sector Labour Law No. 38 of 1964, a period within which a number
of variables occured regarding population and manpower structure of
expatriates. For the purpose of coping with the current circumstances and the
continuous development in the field of labour and manpower, it is deemed
essential to amend Article 3 of the aforesaid law by the text of Clause I
thereof provided that an employer is prohibited to engage on work
non-Kuwaiti labourers and/or non-Gulf Cooperation Council nationals of
Arab Gulf State unless a permit is secured from the Minister of Social
Affairs & Labour in this respect. Moreover, Clause (b) thereof prescribes that
an employer is prohibited to bring in labourers from abroad then he does not
give them job to work with him or to establish that he is not actually in need
of their services, a case which detrimental to their rights and may affect the
State security and stability of the labourers in question. Therefore, it is
considered that Article 3 thereof shall be amended in the aforesaid manner
for the purpose of abiding by the provisions of the exemptions stipulated in
Clauses (b), (c), (d), (e), (t) and (g) of Article 2. Naturally, the exemption
prescribed in Clause (a) of the said Article does not relate to the provisions
of Article 3. Conseq uently. the provision of this Clause is deemed to be
unserved without need of further stipulation. On the other hand. Clause 2 of
the Article in question has been deleted for it is no longer essential to be
known after the promulgation of Law. No. 32 of 1982 in respect of Civil
Information and replacement of the Labour Card by Civil Identity Card.

The Draft Law has included the ban of domestic servant. offices or
supply of labourers. a task which has been confined to charitable societies
and labour unions. Unfortunately. the application of this Article has resulted
in a random activity as established fact on the basis of which the employers
could manage to secure incoming manpower of expatriates through the said
activity. a case which has resulted in certain damages and proved to be
detrimental as far as labourers and employers are concerned and the
negative response of which has affected the reputation of Kuwait abroad.

Therefore. it is deemed essential to amend this stipulation and permit

opening of labour offices in the area of this activity provided that it shall be
made within specific rules and regulations and under strict control of which a
Ministerial Resolution shall be issued duly covering the interest of both

- 206- - 207-
labourers an employers an meanwhile avoid all the negative points towards
Kuwaitfs reputation. DECREE NO. 57 OF 1996 REPEALING
Needless to state that this amendment shall not prejudice the THE OPERATIVE PROVISIONS OF DECREE NO.
provision of Law No. 40 of 1992 duly organizing the offices of domestic
servants recruitment and the like. 221/93 SETTING UP
On the ground of the practical applications in the light of which
THE CENTRAL COMMITTEE FOR HANDLING
certain violations were observed following the liberation of our country from ILLEGAL RESIDENTS AFFAIRS
the brutal aggression and in order to cope with the principles of the State to Having seen the Constitution; and
establish the basic of rules of stability among labourers and employers in a
manner preserving the security of the State from within and its reputation Law No. 15 of 1959 on Kuwait Nationality and all its amending laws; and
abroad of which we are always proud and in order to cope with the relevant Law No. 17 of 1959 on Aliens Residence and all amending laws thereof; and
variables, it has been realized that the punishment imposed under the Decree No. 221/93 setting up the Central Committee for Handling illegal
stipulations of Article 97 do not suit the extent of violation. Residents eAffairs; and

Therefore, it is deemed essential to replace the provision of Article 97
newly stipulated under which the punishment of this Law defaulters
including Implementing Regulations has been established. i.e, a fine of KD
100 but not more than KD 200 for each defaulter of the relevant violation.
The said punishment shall be doubled in the event of recidivism with regard
to the same violation within a three year term from the date of final
judgement rendition.
Moreover, the said Draft Law has included a new Article under
Number 97 Bis prescribing that punishable with imprisonment for a term not
exceeding three years and a fine not more than KD 5,000 or by either of the
said two penalties whosoever violates the provisions of Clause (b) of Article
3 of the Law hereof.
The R~~orts submitted by the committee to the Council of Ministers duly
compnsmg the outcome of the task entrusted, the relevant steps and pro-
cedure concluded; and
Pursuant to the proposal made by the Minister of Interior; and
After ratification by the Council of Ministers,
We hereby decree the following:
ARTICLE 1
.The provisio~s of Decree No. 221/93, setting up the Central
Committee for handling the Illegal Residents Affairs referred hereof are no
longer operative.
ARTICLE 2
. The Secretary General of the Committee shall compile and count out
all lis files, documents, records, applications and papers so as to be handed
over to the Authority identified by the Minister of Interior within a two week
period.

ARTICLE 3
This Decree shall be operative the date promulgated and shall be
published in the Official Gazette.
AMIR OF KUWAIT,
JABER AL AHMAD AL SABAH.
PRIME MINISTER,
SAAD AL ABDULLA AL SALEM AL SABAH.
MINISTER OF INTERIOR,
ALl ALSABAH
Issued at Bayan Palace on 7th Zul Qaida, 1416 H;
Corresponding to 26th March. 1996 A.D.

- 208-
- 209-
 DECREE NO. 58 OF 1996 SETTING UP Council of Ministers concerning the said persons in cooperation and
coordination with all competent authorities concerned.
THE EXECUTIVE COMMITTEE FOR ILLEGAL RES-
IDENTS AFFAIRS 3. To propose the draft laws and regulations deemed necessary for solving
the state of affair! of illegal residents.

Having seen the Constitution; and
Law No. 15 of 1959 on Kuwait Nationality and all its amending laws; and
Law No. 17 of 1959 on Aliens Residence and all amending laws thereof; and
ARTICLE 3
The Committee may, for the exercise of its functions and
responsibilities, establish sub-committees comprising its own members or
others to study the topics and/or issues entrusted with the or referred to and
may also seek the assistance of experts for the purpose of performing its duties.

D ecree N o.
57 of 1996 repealing the operative provisions of Decree No.
id • ARTICLE 4
221193 constituting the Central Committee for Handling Illegal Resi entst
All governmental authorities, public institutions and other bodies
Affairs; and concerned shall cooperate with the Committee to carry out its tasks and
All Resolutions issued by the Council of Ministers dealing with the affairs of provide it with all required data and information.
illegal residents; and ARTICLES
Aiming at resolving and setting the state of illegal residents, besides taking
The Minister of Interior shall issue a Resolution appointing a Secretary
the executive measures and practical steps, deemed necessary for
to supervise the Committee Secretariat, controlling its Administrative Staff and
implementation of the same; and following up the implementation of its decisions.
Pursuant to the proposal made by the Minister of Interior; and
ARTICLE 6
After ratification by the Council of Ministers, The Minister of Interior shall submit periodical reports to the Council
of Ministers on the work progress of the Committee.
We hereby decree the following:
ARTICLE 1 ARTICLE 7
A committee shall be formed at the Ministry of lnteri~r ca\le~ the. The Minister of Interior shall issue the necessary Resolutions for
Executive Committee for illegal Residents Affairs under t~e Chalflnanshlp 01 implementation of this Decree provisions.
the Minister of Interior and the Membership of the following; ARTICLES
I. The Secretary-General, Council of Ministers ..
2. The Undersecretary, Ministry of Foreign Affairs. All Ministers, each within his jurisdiction, shall implement this Decree
3. The Undersecretary, Ministry of Interior. ., . which shall be operative the date issued and shall be published in the Official
4. The Director General, Public Authority for CIvil Information. Gazette.
AMIR OF KUWAIT,
ARTICLE 2
JABER AL AHMAD AL SABAH.
The Committee is empowered to assume the following functions:
PRIME MINISTER,
xecutive measures to deal with illegal residents state of affairs SAAD AL ABDULLA AL SALEM AL SABAH.
I. T a ki ng e .' d the
within th~ general framework, principles, pro~s, .cn~e~l~ ~n. is MINISTER OF INTERIOR,
. d pted and approved by the Council 01 Ministers In thi:
reso Iuuons a 0 . .' . . .
ALl AL SABAH.
id d that in all cases the exigencies of the national Interest
respect, provi e .
and applicable laws are precisely observed and abided by. Issued at Bayan Palace on 7th Zul Qaida, 1416 H;
Corresponding to 26th March, 1996 A.D.
2. To follow up the implementation of the resolutions issued by ihe

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 MINISTRY OF SOCIAL AFFAIRS & LABOUR RULES & REGULATIONS ORGANIZING
PRIVATE NEWCOMERS RECRUITMENT OFFICES
MINISTERIAL RESOLUTION NO. 115 OF 1996,
PROMULGATING THE RULES & REGULATIONS
ORGANIZING THE PRIVATE NEWCOMERS RECRllTMENT CHAPTER!
GENERAL PROVISIONS
The Minister of Social Affairs & Labour,

Having perused the Private Sector LabourLaw No. 38 of 1964duly amendedby the Law
No. 30 of 1995,and all MinisterialResolutionson implementationof the same; and ARTICLE 1
The Decree promulgated on 7th January, 1977 concerning Ministry of Social In implementation of the rules and provisions of these regulations, the
Affairs & Labour; and following expressions denotes the authorities and/or parties specified against
each:
Pursuant to the public interest requirements; and
1. The Competent Ministry or eMinistryi, it denotes the Ministry of Social
Upon the proposal made by the Undersecretary of the Ministry, Affairs & Labour.

Hereby decides: 2. The Competent Minister or eMinisteri. it denotes the Minister of Social
Affairs & Labour.
ARTICLE 1
3. The Competent Department, It denotes the Governorate-Labour Department,
Licences shall be issued to open Private Labour-Offices for the
the business centre of the licensed employer is under its control.
purpose of recruiting expatriates manpower, whether newcomers from
abroad or from within to serve the private sector employers in accordance 4. The office. It denotes the sole corporation (sole firm) or company duly
with the conditions and stipulations specified in the rules organizing the said licensed to carry on the said activity.
recruitment offices, duly attached with this Resolution.
ARTICLE 2
ARTICLE 2
A licence-applicant for provision of expatriate-manpower shall satisfy
This Resolution and the rules annexed thereto shall be published in the the following requirements:
Official Gazette, and shall be enforceable after a two month period from the
I. He should be a Kuwaiti national.
date published.
2. He should be fully qualified and 30 (thirty) years old.
MINISTER OF SOCIAL AFFAIRS & LABOUR,
3. He should know well (good in) reading and writing.
AHMAD KHALID AL KULAIB.
4. He should have not been sentenced in any offence involving a moral
turpitude, breach of trust or ethics. If the licence applicant is a
Issued on 19th Rabi Al Awal, 1417 H; corporation, then whose shareholders duly constituting the relevant
capital-stock shall satisfy the aforesaid stipulations. .
Corresponding to 4th August, 1996 A.D.

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- 213-
 MINISTRY OF SOCIAL AFFAIRS & LABOUR
RULES & REGULATIONS ORGANIZING
PRIVATE NEWCOMERS RECRUITMENT OFFICES
MINISTERIAL RESOLUTION NO. 115 OF 1996,
PROMULGATING THE RULES & REGULATIONS
ORGANIZING THE PRIVATE NEWCOMERS RECRllTMENT CHAPTER 1
GENERAL PROVISIONS
The Minister of Social Affairs & Labour,

Having perused the Private Sector LabourLaw No. 38 of 1964duly amendedby the Law
No. 30 of 1995,and all MinisterialResolutionson implementationof the same; and ARTICLE 1
The Decree promulgated on 7th January, 1977 concerning Ministry of Social In implementation of the rules and provisions of these regulations, the
Affairs & Labour; and following expressions denotes the authorities and/or parties specified against
each:
Pursuant to the public interest requirements; and
I. The Competent Ministry or eMinistryi, it denotes the Ministry of Social
Upon the proposal made by the Undersecretary of the Ministry, Affairs & Labour.

Hereby decides: 2. The Competent Minister or eMinisterf, it denotes the Minister of Social
Affairs & Labour.
ARTICLE 1
3. The Competent Department. It denotes the Governorate-Labour Department,
Licences shall be issued to open Private Labour-Offices for the
the business centre of the licensed employer is under its control.
purpose of recruiting expatriates manpower, whether newcomers from
abroad or from within to serve the private sector employers in accordance 4. The office. It denotes the sole corporation (sole firm) or company duly
with the conditions and stipulations specified in the rules organizing the said licensed to carry on the said activity.
recruitment offices, duly attached with this Resolution.
ARTICLE 2
ARTICLE 2
A licence-applicant for provision of expatriate-manpower shall satisfy
This Resolution and the rules annexed thereto shall be published in the the following requirements:
Official Gazette, and shall be enforceable after a two month period from the
I. He should be a Kuwaiti national.
date published.
2. He should be fully qualified and 30 (thirty) years old.
MINISTER OF SOCIAL AFFAIRS & LABOUR,
3. He should know well (good in) reading and writing.
AHMAD KHALID AL KULAIB.
4. He should have not been sentenced in any offence involving a moral
turpitude, breach of trust or ethics. If the licence applicant is a
Issued on 19th Rabi Al Awal, 1417 H; corporation, then whose shareholders duly constituting the relevant
capital-stock shall satisfy the aforesaid stipulations. .
Corresponding to 4th August, 1996 A.D.

- 212-
- 213 -
 ARTICLE 3 on th~ specitic dates as fixed by it regarding any matters O( affairs of the
A licence application shall be submitted to the Competent Authority In expatriates recruited and/or provided by it.
the appropriate form, prepared for the said purpose, duly coupled with the
following documents: ARTICLE 7
A copy of the Civil Identity Card of licence-applicant or the Company Exen:ising or carrying on of the said activities in any manner
Memorandum of Association. whatsoever is strictly prohibited, unless a licence is issued in accordance
with the conditions and stipulations prescribed in these Rules & Regulations.
2 A copy of the Criminal Status Record, duly isssued by the Ministry of
Interior. CHAPTER II
3. 1\ School Certificate proving that the licence applicant reads and writes OFFICE OBLIGATIONS
well (good).

4. A Letter of Guarantee, issued by one the national banks for an amount

of KD 30,000 (Kuwaiti Dinars Thirty Thousand only) valid for at least ARTICLES
a six month period after expiry of the relevant licence. T~e relationship between the office and the concerned employer shall
be organized by means of a written agreement-contract, which at least covers
ARTICLE 4 the following particulars:
The Competent Department shallexamine the applications submitted
a) Preparation of the required manpower. the relevant area of
and then notified the concerned applicants of acceptance or rejection within a
specialization, qualifications, terms and condition with necessary
ten day period from the date of submitting the relevant application. expenence.
The said Department shall provide the applicant whose application
b) Th~ ~~ount of office fees duly collectible from the employer against the
was accepted with letters addressed to the Competent Departments
facilities made to provide him within the required manpower.
concerned in order to issue such analogous (similar) licences deemed nec-
essary. c) The wage payable to labourer.

Any applicant whose application was rejected may bring a complaint d) The duration (period) under which the office is held liable to provide the
against such rejection before the Competent Minister within a maximum concerned employer with the required manpower.
period of 30 (thirty) days from the date of notifying him accordingly. He
may further recover and recollect all the documents submitted by him ARTICLE 9
including the letter of guarantee. The office shall undertake. i.e. assume the responsibility to provide the
required labourer with a copy of the employer contract, duly covering the
ARTICLES following terms and conditions:
The licence shall be valid for a two year renewable period. The
a) The type and nature of work agreed upon.
relevant renewal application shall be submitted at least two months before the
said licence expiry date. The renewal application shall be subject to the same b) The nature of relevant employment contract, whether it is made for a
stipulations applicable to a fresh licence application for the first time. limited or unlimited period (fixed or unfixed period) and the period of
notice-warning agreed upon.
ARTICLE 6
c) The amount of wage accepted by the labourer.
The licensee shall carry on its activity under the control of the
Competent Department and its supervision. He shall maintain all the records d) Any further conditions agreed upon between the employer and the
and documents specified by the said Competent Department. Moreover. he labourer, provided that conditions are not contradictory to law terms
shall comply with providing the same with any data or infonnation required and stipulations.

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- 215 -
 The 4mployer shall fix the terms of the laboureris employment
contract upon his arrival in the country in conformity with the same
condtions already accepted by the labourer.
ARTICLE 10
The recruitment office and the employer. both are prohibited to hold
the labourer liable to pay any amount of money whether directly or indirectly
against the mediation to bring him along from abroad, employ him or let him
remain in service with the employer.
ARTICLE 11
The recruitment office shall undertake to send the labourer back to his
country of origin at its own expense. besides being held liable to refund the
amounts collected from the employer in the event of the following cases:
I. Failure to meet any of the fixed conditions required to be satisfied by
the labourer.
2. If it is established that the labourer is medically unfit.
3. If the labourer has rejected to assume his assigned duties.
4. If the security authorities have rejected the labourer in question.
5. If the labourer has failed to prove his efficiency during the
proabationary period; and in general in the event of any reasons beyond
the employerfs control under which the labourer has failed to assume
his duties.
ARTICLE 12
The responsibility of the recruitment-office as provided for in the
preceding article shall lapse and expire at a maximum period of 100 (one
hundred) days or the probationary period stipulated in the relevant
employment contract. The said period shall be calculated with effect from
the date of commencing the relevant duties.
ARTICLE 13
-,The Ministry shall have right to pay the required amount from the
financial guarantee. provided for in Clause 4 of Article 3 hereof at the expense
of repatriating the labourer, i.e. sending him back to his country of origin if it
is established that the recruitment-office has abstained from repatriating him
in the event of the cases stipulated in Article 11 of these Rules & Regulations.
Moreover. the office in question shall undertake to complete the said
- 216-
amount of guarantee in the event of shortage within a maximum period of
one week from the date of nonifvi .
ying him accordingly.
CHAPTER III
PENALTIES & PUNISHMENTS
ARTICLE 14
The licence issued in respect of a recruitment office shall be canceled
in the fOllowing cases:
J. Failure to satisfy any of the terms or conditions stipulated in Article 2 of
these Rules & Regulations.
2. In case of violating the prohibition prescribed in Article 10 of these
Rules & Regulations.
3. Failure to complete the shortage of the financial guarantee in accordance
with the provisions of Article 13 of these Rules & Regulations.
ARTICLE 15
. Without prejudice to the provisions of Article 97 of Law No. 38 of
1964 In respect of th~ Private S.ector Labour Law, the relevant licence may be
suspended for a maximum period of 6 (six) months if the recruitment-office
h~s violated the provisions of Article 9 of these Rules & Regulations; and the
1I.lcen~e shall be completely canceled in the event of repeating the said
violation.
ARTICLE 16
. Without prejudice to any severer penalty prescribed, any person who
~lOlates the provision of Article 7 of these Rules & Regulations shall be
liable to the punishments provided for in Article 97 of Law No. 38 of 1964
referred to herein.
ARTICLE 17
. A complaint against the resolutions suspending or cancelling a
lilcence may be before the Competent Minister within a week from the date
of.n~tifying the concerned office of such a resolution. Consequently, the said
MI~lster sh.all. have the right to accept or reject the application in question,
besides notifying the concerned complainant (applicant) accordingly within a
maximum period of Thrirty days from the date of such application was
submitted.
- 217 -
 MINISTRY OF SOCIAL AFFAIRS & LABOUR
MINISTERIAL RESOLUTION NO. 117 OF 1997

ARTICLE 18
The Minister of Social Affairs & Labour.
The application of the provisions stipulated under these Rules &
Regulations shal1 not prejudice any further provisions of the Ministerial Having perused the Private Sector Labour Law No. 38/1964 and all its
Resolutions issued in respect of organizing the Private Sector Labour Law. amending laws thereof; and

ARTICLE 19
The licence issued in accordance with these Rules & Regulations is
deemed to be personal. Therefore it shal1 not be assigned or waived, unless
the approval of the Competent Department is secure in respect of such
assignment; and as a condition it shall be valid only if the assignee has
satisfactorily fulfilled the stipulations prescribed in Article 2 of these Rules &
Regulations.
ARTICLE 20
The licence shall be expired by the death of the licensee.
Nevertheless, if may be devolved upon the heirs who comply with the
conditions stipulated in Article 2 of these Rules & Regulations, if the
concerned parties have requested the same within a three month period from
the date of the licenseeis death.
ARTICLE 21
In the event of licensee devolution, upon death, to successors (heirs) in
conformity with the provisions of Articles 19 and 21 of these Rules &
Regulations, all the liabilities and obligations of the original licensee, as
provided for in Article 11 hereof shall be transferred with.
The Decree promulgated on 7/1/1997 on the Ministry of Social Affairs &
Labour functions and powers; and
The Ministerial Resolution No. 10811992 reconstituting the Labour Affair.
Committee; and
The Ministerial Resolution No. 106/1994 on organization of the Private
Sector Labour and all its amendments thereof; and
The Ministerial Resolution No. 10711994 limiting the issue of labour permit
within certain sectors; and
The Ministerial Resolution No. 11111995; and
Pursuant to the requirements of the public interest; and
Upon proposal of the Undersecretary of the Ministry,
Hereby decides:
ARTICLE 1
The proVISIOn of the Article 14 of the Ministerial Resolution No.
106/1994 and all its amendments thereof shall be replaced by the following
text:

"The employer is held liable for hislher labourers duly permitted to

. work for himlher during the entire period of work permit validity. Such a
work permit may not be transferred to another employer prior to the expiry of
one year provided that the employer in question has agreed accordingly. save
in the following cases:

Dissolution. liquidation. lock-out. bankruptcy or merger of the firm

with another company or in the event of changing its legal entity or
devolution (transfer) bJ way of legacy. donation. sale, assignment or any
other means of legal disposal. provided that it is established and proved under
a document issued by the Legal or Administrative Authority.

- 218-
- 219-
 ARTICLE 2
Transfer of labourers from outside the Private Sector to the same
Sector may be made in respect of a labourer having a valid residence who has
been in the country for five years continuously in accordance with the rules
and regulations applied by the Ministry of Interior.
LAW NO.2 OF 1997, AMENDING CERTAIN PROVISIONS OF
LA W NO. 38 OF 1964 ON PRIVATE SECTOR LABOUR LA W
Having perused the Constitution; and

ARTICLE 3
The Labour Affairs Committee at this Ministry shall be empowered to
discuss labour permit applications for the activities which are not subject to
the provisions of the Ministerial Resolution No. 107/1994, limiting labour
permits to certain sectors and then take the relevant necessary decisions. Any
further issues relating to implementation of Labour Organization Resolutions
in the Private Sector may be referred to the said committee for taking the
necessary action.
Law No. 38 of 1964 on Private Sector Labour Law, and its amending laws; and
Law No. 28 of 1969 on Oil Sector Labour Law; and
The Law Decree No. 15 of 1979 on Civil and all amending laws thereof; and
Law Decree No. 28 of 1980 promulgating the Law of Maritime Commerce; and
Law Decree No. 40 of 1992, organizing the Offices of Domestic Servants and
the like; and

The Decree promulgated on 4.4.1979, on the Civil Service System,

ARTICLE 4
The Ministerial Resolution No-III of 1995 is hereby repealed. The National Assembly has ratified the following Law which we hereby
sanction and promulgate:
ARTICLES
ARTICLE 1
This Resolution shall be published in the Official Gazette and shall be
The provision of Article 2 of Law No. 38 of 1964 referred to hereof
operative the date published. All competent staff shall implement this shall be replaced by the following text:

resolution, each within the area of his concerned. 'The domestic servants and labourers subject to the provisions of other
laws are exempted from the application of this law provisionsi.
MINISTER OF SOCIAL AFFAIRS & LABOUR
AHMAD KHALID AL KULAIB ARTICLE 2
Clause (c) of Article 3 of the Law No. 38 of 1964 referred to herein
Issued on 8th Shawal, 1417 H.
shall be repealed.
Corresponding to: 15th February, 1997 AD
ARTICLE 3
All Ministers, each within his jurisdiction, shall implement this Law.

AMIR OF KUWAIT,

JABER AL AHMAD AL SABAH.

Issued at Bayan Palace on 15th Zul Hijjah, 1417 H;

Corresponding to 22nd April, 1997 AD.

- 220- - 221 -
 I. The dissolution, liquidation, bankruptcy or mergery of a c~mpany with
MINISTRY OF SOCIAL AFFAIRS & LABOUR another company or in the event of changing its legal status, entity or transfer
by means of inheritance, succession, legacy, donation, sale or in case of such
MINISTERIAL RESOLUTION NO. 119 OF 1998 other legal disposal, alienation or assignment, provided that such act is proved
by an official instrument or deed, duly issued by a judiciary or administrative
authority.
The Minister of Social Affairs & Labour,
2. Kuwaiti women husbands of other nationals.
Having pursed the Law No. 38/1964 on Private Sector Labour Law and all its
amendments thereof; and 3. Transfer of work permits of professionals, licenced craftsmen & company
non-Kuwaiti partners to the private sector.
The Ministerial Resolution No. 106/94 organizing the Private Sector Labour and all
4. The withdrawal of a government project from one of the contractors
its amendments thereof; and concluding contract with the government with adjudication of the same to
another contractor or in the event of completion of the government project and
The Ministerial Resolution No. 107/94 limiting the issue of labour permits to certain commencements of a similar project at the same government authority or
sectors; and others. In such a case the transfer shall be made in respect of all or part of the
labourers of the previous project, pursuant to the request of the successful
Pursuant to the requirements of public interests; and contractor (adjudicate), provided that the provision of Article 2 of the
Ministerial Resolution No. 107/94 is complied with.
Pursuant to the proposal of the Undersecretary of the Ministry.
5. Transfer of work permits of labourers working in the Private Sector to the
Hereby decides: '.government sector and vice versa, provided that the approval of the two
concerned parties or authorities is secured.
ARTICLE 1
6. Transfer of work permits of Private Sector labourers from within to the outside
The provision of Article 14 of the Ministerial Resolution No. 106 of 1994 with all its private sector, provided that the rules & regulations applied by the Ministry of
relevant amendments shall be replaced by the following text: Interior are observed and complied with.

A work permit of a labourer residing in the country may not be transferred unless the ARTICLE 4
following conditions are satisfied:
The Committee set-up at each of the Labour Departments shall continue to review the
I. A lapse of two continuous years with the last employer and provided that the work permit applications, and then take the relevant necessary decision accordingly.
transfer is made for one time only. Moreover, any further issues relating to a work permits may be referred to the said
Committee for the purpose of taking the necessary action.
2. Securing the approval of the employer with whom a labourer works.
ARTICLES
3. Provided that a labourer had entered the country prior to the issuance of this The Ministerial Resolution No. 118/98 shall be repealed.
resolution.
ARTICLE 6
ARTICLE 2
This Resolution shall be published in the Official Gazette, and shall be operative 1st
In compliance with the provision of Clause 3 of the preceding article a transfer may June, 1998. All concerned shall implement it, each within the area of his jurisdiction.
be made from outside the private sector to the same sector for those who have
completed two years of a continuous residence in the country, in accordance with the MINISTER OF SOCIAL AFFAIRS & LABOUR
MINISTER OF STATE FOR HOUSING AFFAIRS
rules & regulations applied by the Ministry ofInterior.
JASSIM MOHD. AL AOUN
ARTICLE 3
Issued on: 6th Safar, 1419 A.H.
The following cases are exempted from the provisions of the preceding two articles: Corresponding to: 1st June, 1998 AD.

222 223
 MINISTERIAL RESOLUTION NO. 123 OF 1999,
MINISTERIAL RESOLUTION NO. 121 OF 1998 AMENDI~~ ~ERTAIN PROVISIONS OF RESOLUTION NO. 106 OF 1994
RGANIZA TION OF PRIVATE SECTOR LABOUR
The Minister of Social Affairs & Labour,

Having perused the Private Sector Law No. 38 of 1964 and all its amendments The Minister of Social Affairs & L a b our,
thereof; and
Having perused the Private Sector Labour Law No. 38/64 and all amending laws
The Decree promulgated on 7.1.1979 concerning the functions and powers of the thereof; and
Ministry of Social Affairs & Labour; and
!he Mini~terial Resolution No. 106/94 organizing the Private Sector Labour and all
The Ministerial Resolution No. 106/94 organizing labour on the Private Sector and its Its amending Laws; and
relevant amendments; and
The Ministerial Resolution No. 107/94 on limitation of work permits to certain
Pursuant to the requirements of public interests; and Sectors; and

Upon the proposal made by the Undersecretary of the Ministry. Pursuant to the public interest requirements; and

Herebydecides: Upon the proposal made by the Undersecretary of the Ministry,

ARTICLE 1
Hereby decides:
The provision of Article 11 of the Resolution No. 106/1994 shall be amended to read
as follows:- ARTICLE 1

The employer shall not employ non-Kuwaiti labourers, unless they have obtained
work permits from the Competent Department to work with him. Furthermore, no
employer may bring from abroad or locally employ labourers, whom he does
intentionally entrust with no duties to commence work with him or permit them to
work with third parties or states that he is not actually in need of them. However, in
the event of violating the provisions of this article, apart from the penalties provided
for in Articles 97 and 98 bis of the Private Sector Labour Law No. 38 of 1964, the
work permit issued in respect of such labourers shall be cancelled and they shall be
deported to their country at the expense of the employer with whom they were found
working. Moreover, any additional requirements of labour for either of these two
employers shall be suspended for not less than a six month period, bearing in mind
that the provision of Article 21 ofthis resolution shall be complied with.
ARTICLE 2 apphed WIthin the same Sector
The provisions of Articl~ 14 of the Ministerial Resolution No. 106/94 and its
amendments shall be substituted by the following provisions:
Wor~ .Permit Tr~sfer of a resident labour may not be made, unless the followin
conditions are satisfied: g
a. A lapse of two continuous years with the last employer.
b. To secure the approval of his said employer.
ARTICLE 2
~o transfer t~ other sectors shall ~ made from a non-classified Transport or Building
C~nst~ct~on Sector. However, ill such a case, the transfer shall be limited to and

This Resolution shall be operative the date issued and it shall be published in the
Official Gazette. ARTICLE 3

~ famil~-supporter-joining-resi~ence of a person who has resided in the country for

MINISTER OF SOCIAL AFFAIRS & LABOUR &
IVecontinuous years may be transferred to the Private Sector.
MINISTER OF STATE FOR HOUSING AFFAIRS
JASSIM MOHD. AL AOUN
ARTICLE 4
Issued on: 11thRabi Akher, 1419 A.H.
"[he transfer stipu.la.tion specified in Article I hereof shall not include the domestic
Corresponding to: 4th August, 1998 AD.
abourers and/or visit-card holders to be transferable within the Private Sector.
224
225
 1\11 competent staff c
. . diiction,
juns oncemed shall implement this resolution, each within his
The following cases shall be exempted from the provisions of Clause "a" hereof:

I. Holders of bachelors' and postgraduate degrees, but without prejudice to the

stipulation of clause "b" of Article" l " hereof. MINISTER OF COMMERCE & INDUSTRY AND
MINISTER OF SOCIAL AFFAIRS & LABOUR
2. Dissolution, liquidation, bankruptcy or merger of the firm with another ABDUL WAHAB MOHD AL WAZZAN
establislunent or changing its legal status, entity or in case of its devolution by 1h
means of inheritance, legacy, bequest, donation, sale, assignment or any such Issued on: 13 Jamad Al Awal1420 A H'
Corresponding to: 241hAugust, 1999 A:D:
other legal means of disposals or alienation, provided that such a fact is
established and proved by an evidential deed duly issued by a judicial or
administrative authority.

3. Husbands and children of Kuwaiti women from non-Kuwaiti nationals.

4. Transfer of work permits of professionals, licensed Tradesmen and Company

non Kuwaiti Partners and Shareholders to the Private Sector.

5. Withdrawal of a government project from a contracting party entering into

agreement with a governmental party and awarding it to another contractor or
if the government project has been completed and another similar project has
commenced to be implemented within the same or other government
authority. In such a case the entire total or part of the former project labourers
shall be transferred on the basis of a request submitted by the successful
tenderer to whom the project was awarded, provided that the stipulations of
Article "2" of the Ministerial Resolution No. 107/94 are observed and abided
by.

6. Transfer of work permits of Private Sector Labourers to the Government

Sector and vice-versa, provided that the approval of both parties is secured.

7. Transfer of work permits of Private Sector Labourers to outside the sector,

provided that the applicable and regulations of the Ministry of Interior are
abided by.

The Work Permit Committee of each Labour Department shall continue in reviewing
the work permit applications and taking the relevant necessary resolutions, besides
other issues relating to the work permits referred to them.

The Assistant Undersecretary of Labour Affairs shall submit a monthly report to the
Undersecretary duly covering the works of the said Committees.

The Ministerial Resolution No. 119/98 shall be repealed.

This resolution shall be published in the Official Gazette and shall be operative as
from 1.9.1999.

226
227
 MINISTRY OF SOCIAL AFFAIRS & LABOUR b. Business owners:

MINISTERIAL RESOLUTION NO. 151 OF 1999 Two members from Kuwait Chamber of Commerce & Industry, provided that
REFORMING THE HIGHER ADVISORY COMMITTEE OF one of them represents the Kuwaiti Contractor's Union.
LABOUR AFFAIRS
c. Labourers:
The Minister of Social Affairs & Labour,
Two labourers from General Trade Union of Kuwait, provided that one of
Having seen the Private Sector Labour Law No. 38/64 and its relevant amendments; them represents the Oil Sector.
particularly Articles 92 and 93 thereof; and
d. Experts specialized in the area of labour affairs.
The Decree promulgated on ih January, 1979 governing the functions and powers of
the Ministry of Social Affairs & Labour; and Two Expert - Members from the Community, adequately specialized in labour
area.
The Ministerial Resolution No.6 of 1966, organizing the Higher Advisory Committee
of Labour Affairs and its relevant procedure of work; and ARTICLE 2

The Ministerial Resolution No. 41 of 1995, reforming the Higher Advisory The Committee is empowered to perform the following functions:
Committee of Labour Affairs; and
1. Studying the conditions of expatriates labourers within the country,
The Ministerial Resolution No. 104 of 1995, duly amending certain provisions of besides submitting the proposals and measures deemed necessary to
Resolution No. 41 of 1995; and realize the required demographical structure balance and to maintain the
security and stability of the community.
Pursuant to the requirements of Public interest; and
2. To study and consider the practical techniques, methods and measures
In conformity with the proposal made by the Undersecretary of the Ministry, which lead to development of national manpower, and increase its
contribution to the Private Sector Labour market, and meanwhile to
Hereby decides: encounter and surmount any difficulties which may face up the realization
of this objective.
ARTICLE 1

The Higher Advisory Committee of Labour Affairs shall be reformed in the following 3. To give advice and express opimons in labour legislations and their
relevant resolutions in manner realizing the state's objectives, the public
manner:
interest, besides suiting any new developments occur in the Kuwaiti
a. Government Part: Society with the International obligations of the State of Kuwait.

1. The Minister of Social Affairs & Labour Chairman 4. Developing and simplifying work systems and procedure in conformity
The Undersecretary of Ministry of Social Affairs & Deputy Chairman with the country manpower requirements in order to meet the labour
2.
demands of companies and firms, and meanwhile achieve completing and
Labour
Assistant Undersecretary for Labour Affairs Member finalizing the citizens transactions and applications easily and simply.
3.
Ministry of Interior's Representative . Member
4.
Ministry of Commerce & Industry'S Representauve Member 5. Revising all the reports drawn up by the Competent Committee at the
5.
Ministry of Planning's Representative Member Ministry. regarding Arab and International Labour Agreements and
6.
Ministry of Justice's Representative Member Conventions in order to find out whether we are abiding by them or not,
7. including the revision of the reports covering the comments made by the
Ministry of Health's Representative Member
8.
Director ofIndividual Labour Relations Department Member and Reporter Expert Committee of Conventions Implementation, and the
9 recommendations submitted in respect of Arab and International
Agreements of which the State of Kuwait is bound or adhered to.

228 229
 ___ ' --0 ~'"- -·--T'-' aT1 U~J\~.v\7J. 'i0~lIUIl" VV1II\;OII C:tfi

referred to Committee and consequently submit the relevant suitable MINISTRY OF SOCIAL AFFAIRS & LABOUR
proposals.
MINISTERIAL RESOLUTION NO.6 OF 2000
PROCLAIMING THE KUWAITI UNION OF PUBLICITY &
ARTICLE 3 ADVERTISING COMPANIES AND , EST ABLISHEMTNS OWNERS

The Committee may compose and set up specialized Technical Work Teams from
among its members and from some of the labour area and development experts. It The Minister of Social Affairs & Labour,
may also seek the assistance of any competent person it may deem suitable to give an
appropriate advice or opinion in any issue relating to the work of the Committee. Having seen the Law No. 38 of 1964 on Private Sector Labour and all its amending
Ministerial Resolution; and

ARTICLE 4 The Decree issued in January, 1979 on the powers and functions of the Ministry of
Social Affairs & Labour; and
The Committee shall hold meting, at least once every once every two months, under
invitation extended by its Chairman. The Deputy Chairman shall assume the The Incorporation documentation submitted by the founders of the Kuwaiti Union of
responsibilities and functions of the Chairman in the event of his absence. Publicity & Advertising Companies & Establishments owners; and

The invitation letter shall include the agenda and the documents of the relevant topics. Pursuant to the proposal made by the Undersecretary of the Ministry,
It must be dispatched at least one week prior to the date of the meeting.
Hereby decides:
ARTICLE 5
ARTICLE 1
The Committee meeting shall be deemed valid, with a present quorum if attended by
the Chairman or his Deputy, two members on the part of government, one member on The Kuwaiti Union of Publicity & Advertising Companies & Establishments owners
the part of employers and one member on the part of Labourers. duly registered under No. 51 in the Ministry's Records is hereby proclaimed.

The Committee resolutions shall be adopted and passed by the absolute majority vote
of the attendees i.e. the attending members unanimously, provided that a trinary ARTICLE 2
representation is observed and applied, i.e. two government-votes, one employer-vote
and one Labour-vote. This Resolution shall take effect as from 28112/1999 and shall be published in the
Official Gazette.
ARTICLE 6

This Resolution shall be operative the date published in the Official Gazette, and MINISTER OF COMMERCE & INDUSTRY &
every concerned shall be notified of for implementation. MINISTER OF SOCIAL AFFAIRS & LABOUR
ABDUL WAHAB MOHD. AL WAZAN

MINISTER OF COMMERCE & INDUSTRY

MINISTER OF SOCIAL AFFAIRS & LABOUR Issued on: 28th Ramadan. 1420 A.H.
th
ABDUL WAHAB lVIOHAMED AL-WAZZAN Corresponding to: 5 January, 2000 AD.

Issued on: 13th Jamad Al Awal, 1420 A. H;

Corresponding to: 24th August, 1999 AD.

230 231
 MINISTRY OF SOCIAL AFFAIRS & LABOUR
MINISTRY OF SOCIAL AFFAIRS & LABOUR
MINISTERIAL RESOLUTION NO. 127 OF 2000
MINISTERIAL RESOLUTION NO.7 OF 2000 ON NON APPLICATION OF CERTAIN PROVISIONS
PROCLAIMING THE UNION OF COMPANIES & OWNERS OF OF THE MINISTERIAL RESOLUTION NO. 123/99
DRIVING SCHOOL ESTABLISHMENTS
The Minister of Social Affairs & Labour,

The Minister of Social Affairs & Labour, Having seen the Private Sector Labour Law No. 38/64 and its amendments; and

Having seen the Law No. 38 of 1964 on Private Sector Labour and all its amending The Decree promulgated on 7/111979 on the jurisdiction and powers of the Ministry
Ministerial Resolution; and of Social Affairs & Labour; and

The Decree issued in January, 1979 on the powers and functions of the Ministry of Ministerial Resolution No. 106/94 organizing the work in the Private Sector and its
Social Affairs & Labour; and amendments; and

The Incorporation documentation submitted by the founders of the Kuwaiti Union of Ministerial Resolution No. 107/94 restricting work permit to certain sectors and its
amendments; and
Driving School Companies & Establishments owners; and
Pursuant to the requirements of work interest; and
Pursuant to the proposal made by the Undersecretary of the Ministry,
Pursuant to the proposal made by the Ministry Undersecretary,
Herebydecides:
Hereby decides:
ARTICLE 1
ARTICLE 1
The Union of Driving School Companies & Establis~ents Owners, duly registered The provisions of Articles 1, 2 & 3 of the Ministerial Resolution No. 123/99 shall be
under No. 50 in the Ministry's Records is hereby proclauned. suspended and no longer be applicable. Moreover, the provisions of Article 2 of the
Ministerial Resolution No. \07/94 shall also be suspended for the period as from
1.3.2000 up to 31.5.2000.
ARTICLE 2 ARTICLE 2

This Resolution shall be operative 28/12/1999 and shall be published in the Official The suspension provided for in Article I of this resolution shall not be applicable to
paragraph (b) of Article 1 of the Ministerial Resolution No. 123/99, and also to
Gazette.
paragraph (b) of Article 2 of the Ministerial Resolution No. 107/94, besides it shall
not be applicable to those who entered the country after promulgation of the
MINISTER OF COMMERCE & INDUSTRY & Ministerial Resolution No. 123/99.
MINISTER OF SOCIAL AFFAIRS & LABOUR
ARTICLE 3
ABDUL W ARAB MOHD. AL WAZAN
This Resolution shall be published in the Official Gazette and shall be operative the
date published. All competent parties concerned shall implement it, each within his
jurisdiction.
Issued on: zs"Ramadan. 1420 A.H.
th
Corresponding to: 5 • January, 2000 AD. MINISTER OF COMMERCE & INDUSTRY
AND MINISTER OF SOCIAL AFFAIRS & LABOUR
ABDUL WAHAB MOHD. AL WAZAN

Issued on: 16th Zul Qaida, 1420 A.H.

Corresponding to: 21 st February, 2000 AD.

232 233
 MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 129 OF 2000 MINISTRY OF SOCIAL AFFAIRS & LABOUR
EXTENDING VALIDITY PERIOD OF PROVISIONS OF
MINISTERIAL RESOLUTION NO. 127/2000 MINISTERIAL RESOLUTION NO. 130 OF 2000
ON THE S}' A Y OF EXECUTION OF CERTAIN PROVISIONS OF
MINISTERIAL RESOLUTION NO. 123/99
The Minister of Social Affairs & Labour,

Having seen the Private Sector Labour Law No. 38/64 with all its relevant The Minister of Social Affairs & Labour ,
amendments; and
Having seen the Private Sector Labour Law No. 38/1964 and its relevant
The Decree promulgated on 7.1.1979 on jurisdiction and powers of the Ministry of amendments; and
Social Affairs & Labour; and
The D~cree p~omulgated on 7/1/1979 on the powers and jurisdiction of the Mi .
The Ministerial Resolution No. 106/94 organizing the Private Sector Labour and all of SOCIalAffairs & Labour; and rnstry
its relevant amendments; and
The Ministerial Resolution No. 106/94 organizing the Private Sector Labo .
The Ministerial Resolution No. 107/94 restricting the issuance of work permits to relevant amendments; and ur and Its
certain sectors and all its relevant amendments; and
The Ministerial Resolution No. 107/94 restricting work permit to rtai d
ce am sectors; an
The Ministerial Resolution No. 12712000 on the stay of execution of certain provision
of the Ministerial Resolution No. 123/99; and Pursuant to the requirements of work interest; and

Pursuant to the requirements of work interest; and In conformity with the proposal made by the Ministry Undersecretary,

In conformity with the proposal made by the Undersecretary of the Ministry, Hereby decides:

Hereby decides: ARTICLE 1

ARTICLE 1 The ~rovisio~~ of the Ministe~i~l R~solution No. 127/2000 on the Stay of Execution of
The provisions of the Ministerial Resolution No. 127/2000 on the stay of execution of cert~m ProVISIOns of the Ministerial Resolution No. 123/99 shall continue to be
applicable up to 31.3.2001.
certain provisions of the Ministerial Resolution No. 123/2000 shall remain applicable
until 1/10/2000.
ARTICLE 2 ARTICLE 2

All concerned, each within his jurisdiction shall implement this resolution which shall :nus Resol~tion shall be published in the Official Gazette and all concerned shall
be published in the Official Gazette and shall be operative the date published. Implement It, each within his jurisdiction.

MINISTER OF COMMERCE & INDUSTRY

AND MINISTER OF SOCIAL AFFAIRS & LABOUR MINISTER OF COMMERCE & INDUSTRY AND
ABDUL WAHAB MOUD. AL WAZAN MINISTER OF SOCIAL AFFAIRS & LABOUR
ABDUL WAHAB MOHD.AL W AZAN

th
Issued on 27 Safar, 1424 A.H. Issued on 2ih Jumad Al Akher, 1421 A.H;
Corresponding to: 31st May, 2000 AD. Corresponding to 25th September, 2000 AD

234
235
 MINISTRY OF SOCIAL AFFAIRS & LABOUR
MINISTERIAL RESOLUTION NO. 131 OF 2000
MINISTERIAL RESOLUTION NO. 132 OF 2000
The Minister of Social Affairs & Labour, ON THE EST ABLISHEMENTS AND ABIDED BY THE PROVISIONS OF
THE PRIVATE SECTOR LABOUR LAW AND ALL IMPLEMENTING
Having seen the Law No. 38/64 on Private Sector Labour Law and all its relevant MINISTERIAL RESOLUTIONS THEREOF
amendments; and

Decree promulgated on 7/1/1979 covering functions and powers of the Ministry of The Minister of Social Affairs & Labour,
Social Affairs & Labour; and
Having seen the Private Sector Labour Law No. 3811964 with its relevant
Ministerial Resolution No. 106/94, organizing works in the Private Sector with all its amendments; and
relevant amendments; and
The Decree promulgated on 7/1/1979 determining the jurisdiction of the Ministry of
Ministerial Resolution No. 107/94 restricting the issuance of works permit to certain Social Affairs & Labour; and
sectors; and
The Ministerial Resolution No. 106/94 organizing the Private Sector Labour with its
In compliance with the requirements of the work interest; and relevant amendments; and

Pursuant to the proposal made by the Undersecretary of the Ministry, The ~inisterial Resolution No. 107/94 restricting the issuance of work permits to
certain sectors ; and
Hereby decides:
ARTICLE 1 Pursuant to the requirements of work interest; and

The application of Article 4 provisions of the Ministerial Resolution No. 123/99 on In conformity with the proposal made by the Undersecretary of the Ministry,
domestic servants shall stay until the expiry of the grace period granted in conformity
with the Ministerial Resolution No. 130/2000 on 31.3.2001. Hereby decides:

ARTICLE 2 ARTICLE 1

The domestic servants stated in Article I of this resolution may be transferred, The Undersecretary of the Ministry shall be authorized to consider laying down the
provided that the following conditions are satisfied: rules and measures facilitating the procedures of the companies proved to be abided
by the provision of the Private Sector Labour Law No. 38/64 and all its relevant
1. If the domestic servants work for the same sponsor. amendments and the Ministerial Resolutions governing its implementation.
2. If the domestic servants complete one full year residence in the country.
3. If the sponsor approves the transfer. ARTICLE 2

ARTICLE 3 This Resolution shall be published in the Official Gazette and all concerned shall
implement it, each within his jurisdiction. ' ,
This resolution shall be operative the date issued and it shall be published in the
Official Gazette, and all concerned shall implement it, each within his jurisdiction.
MINISTRY OF COMMERCE & INDUSTRY AND
MINISTER OF COMMERCE & INDUSTRY AND MINISTER OF SOCIAL AFFAIRS & LABOUR
ABDUL WAHAB MOHD.AL WAZAN
MINISTER OF SOCIAL AFFAIRS & LABOUR
ABDUL WAHAB MOHD. AL WAZAN
Issued on 30th Ramadan, 1421 A.H;
Issue on : iz" Shaban,. 1421 A.H. Corresponding to 26th December, 2000 AD
Corresponding to : 8th November, 2000 A.D.

236 237
 MINl~TK Y Olf SUCIAL A A S& LAIJUUK
9. Airline Companies (A·
MINISTERIAL RESOLUTION NO. 136 OF 2001 irways Agents)
ON ISSUING WORK PERMITS 10. Marine Shipping Agents
The Minister of Social Affairs & Labour,
II. Consultants Offices
Having seen the Private Sector Labour Law No. 38/1964 and its relevant
amendments; and 12. Foreign Information Broadcasting Station Offices

13. Hunting, Agriculture and Pasture.

The Decree. promulgated on 71111979 concerning the jurisdiction and powers of the
Ministry of Social Affairs & Labour; and
14. Newspaper Houses
The Ministerial Resolution No. 90198 on the basis of labour assessment for Private
15. Automobile Agents
Sector business activities; and
16. Opticians (professional Skilled Labour)
The Ministerial Resolution No. 106/94 organizing the Private Sector Labour and its
relevant amendments; and
17. Money ~xchange Companies approved by and registered at the Central B nk
of Kuwait, a
The Ministerial Resolution No. 107/94 restricting work permits to certain sectors; and
18. Private Education and Training Institutes registered with the Ministry of
Pursuant to the requirements of work interest; and
Education (Teaching Professions and the like).
In conformity with the proposal made by the Undersecretary of the Ministry, 19. Other activiti.es duly considered by the Undersecretary of the Ministry in
accordance with a memorandum submitted by the Labour Affairs Committee.
Hereby decides:

ARTICLE 1 ARTICLE 2

The Competent Work Departments shall be authorized to issue work permits after
approval of the relevant applications by the Need Assessment Section or by the
Assessed Labour Section which are reporting to it for the following activities:
I. Employers bind by Governmental Contracts
The Work .Permits Co~mittee already formed at the Competent Labour Departments
shall exa~Ine and. consider the work permit applications for other activities which are
not provided for In the aforesaid Article, in the light of the Circulars issued in this
respect.
ARTICLE 3

2. Fully Government owned companies or companies in which the Government The Ministerial Resolution No. 107/94 restricting the issuance of work permits to
is contributing. certain sectors shall be repealed.

3. Hospitals, Medical Centers, Private Clinics, Pharmacies and Laboratories. ARTICLE 4

!he resolut~on shall be immediately operative the date issued and shall be published
4. Banks, Insurance and Investment Companies
In the Official Gazette. All concerned shall implement it and abide by each within his
jurisdiction. '
5. Hotels
MINISTER OF COMMERCE & INDUSTRY AND
6. Private Schools and Kindergartens MINISTER OF SOCIAL AFFAIRS & LABOUR
ABDUL WAHAB MOHD.AL WAZAN
7. Clubs, Unions, Charity Societies and Co-operative Societies.
Issued on 5th Zul Qaida, 1421 A.H;
8. Industrial firms. Corresponding to 29th January, 2001 AD
238
239
------------ -- -~
MINISTERIAL RESOLUTION NO. 44 OF 2001
AMENDING CERTAIN PROVISIONS OF THE
MINISTERIAL RESOLUTION NO. 5111981 ON THE ARTICLE 2
COLLECTIVE LABOUR DISPUTES RECONCILIATION COMMITTEE
The Mi~isterial Resolution No. 52/81 amending certain provisions of the Ministerial
Resolution No. 51/81 on the Collective Labour Disputes Reconciliation Committee
The Minister of Social Affairs & Labour, shall be repealed.

Having seen the 0 Private Sector Labour Law No. 38 of 1964; and
ARTICLE 3
The Ministerial Resolution No. 51/81 on the Collective Labour Disputes
Reconciliation Committee; and This ~esolut~on shall be effective the date promulgated, and it shall be published in the
Official Gazette.
The Ministerial Resolution No. 52/81 amending certain provisions of the Ministerial
Resolution No. 51/81 on the Collective Labour Disputes Reconciliation Committee;
MINISTER OF ELECTRICITY & WATER AND
and
MINISTER OF SOCIAL AFFAIRS & LABOUR
T ALAL MUBARAK AL AYAAR
Pursuant to the proposal made by the Undersecretary of the Ministry,

Hereby decides: 1h
Issued on 5 Zul Hijja, 1421 A. H;
Corresponding to 281h February 2001 AD.
ARTICLE 1

The provision of Article 1 of the Ministerial Resolution No. 51 of 1981 shall be

replaced by the following text:

The Collective Labour Dispute Reconciliation Committee shall be formed as follows:

1. Asst. Undersecretary for Labour Affairs or whomever he

authorizes as : Chairman

2. Labour Relations Department Manager as: Deputy Chairman

3. The Labour Dept. Manager within whose jurisdiction the
sites of the two disputing parties are located or
whomever he Authorizes as: Member
4. Head of the Collective Reconciliation Section as: Member
5. The Employer or whomever he authorizes (within a limit
of3 authorized persons) as: Member
6. One or more labourer Representatives (within a limit of
three persons) as: Member
7. A Legal Researcher from the Legal Affairs Department as: Member
8. The Legal Consultant of Office of Asst. Undersecretary
for Labour Affairs as: Reporter

The meeting of the Committee shall be deemed legally valid if the two of the dispute
parties or whomever they authorize are present, besides the Committee Chairman.

240
241
 STRYUF SU IAL AFFAIRS & LAB

MINISTERIAL RESOLUTION NO. 140 OF 2001

CONCERNING STAY OF EXECUTION OF CERTAIN PROVISIONS OF
THE MINISTERIAL RESOLUTION NO. 13512001

The Minister of Social Affairs & Labour,

ARTICLE 4
Having seen the Private Sector Labour No. 38/64 with all its relevant amendments;
JhiS R~~?lution shall be published in the Official Gazette and shall be operative the
and ate pu ished, All concerned, each within his jurisdiction, shall implement it.

The Decree promulgated on 71111979 on the jurisdiction and powers of the Ministry
of Social Affairs & Labour; and MINISTER OF ELECTRICITY & WATER AND
MINISTER OF SOCIAL AFFAIRS & LABOUR
The Ministerial Resolution No. 106/94 organizing the Private Sector Labour with all T ALAL MUBARAK AL AYY AR
its relevant amendinents; and

The Ministerial Resolution No. 135/2001 concerning the transfer of work permits; and
nd
Issued on 2 Jumad AI Awal, 1422 A. H;
The Ministerial Resolution No. 136/2001 on the issuance of work permits; and Corresponding to: 21 SI August, 2001 AD.

In conformity with the requirements of the work interest; and

Pursuant to the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

The operation of Paragraph "a" provisions of Article "I" of the Ministerial Resolution
No. 135/2001 shall be suspended for the period as from 21.8.2001 upto 21.11.2001.

ARTICLE 2

In exemption to the prOVISIOn of Article "2"of the Ministerial Resolution No.

135/2001, a dependent residence may be transferred to the Private Sector for those
who completed one full successive year in the country during the period prescribed in
Article "I" of this resolution in conformity with the applicable rules and regulations
of the Ministry oflnterior.

ARTICLE 3

The provisions of this resolution shall be applicable in respect of those who had
already secured a valid work permit and residence prior to the promulgation of this
resolution.

242 243
 MINISTRY OF SOCIAL AFFAIRS & LABOUR

MINISTERIAL RESOLUTION NO. 141 OF 2001

ARTICLE 2
EXTENDING THE VALIDITY OF THE
MINISTERIAL RESOLUTION NO. 139/2001
This resolution shall be operative the date promulgated, and it shall be published in
the Official Gazette. All concerned shall implement it, each within his jurisdiction.

The Minister of Social Affairs & Labour,

MINISTER OF ELECTRICITY & WATER AND
Having seen the Law No. 38 of 1964 on Private Sector Labour with all its relevant
MINISTER OF SOCIAL AFFAIRS & LABOUR
amendments; and T ALAL MUBARAK AL A YY AR

The Decree promulgated on 7.1.1979 on the jurisdiction and powers of the Ministry
of Social Affairs & Labour; and
Issued on 151h Rajab, 1422 H;
The Ministerial Resolution No. 106/94 organizing the Private Sector Labour with its Corresponding to : ?nd October, 2001 AD.
all relevant amendments; and

The Ministerial Resolution No. 135/2001 on work permits transfer; and

The Ministerial Resolution No. 136/2001 concerning the issuance of work permits;
and

The Ministerial Resolution No. 139/2001 on domestic servant residence transfer, and

The Ministerial Resolution No. 1401200 I suspending the operation of certain

provisions of the Ministerial Resolution No. 1351200 I; and

In conformity with the requirements of the work interest, and

Pursuant to the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

The operation of the provisions of the Ministerial Resolution No. 139/2001 on th.e
Private Sector domestic servants labour shall continuously proceed on until
21.11.2001.

244
245
 MINISTRY OF SOCIAL AFFAIRS & LABOUR
ARTICLE 2
MINISTERIAL RESOLUTION NO. 133 OF 2003
AMENDING CERTAIN PROVISIONS OF AH concerned, each within his jurisdiction, shall implement this Resolution which
THE MINISTERIAL RESOLUTION NO. 144 OF 2001 shall be operative immediately issued and shall be published in the Official
Gazette.

The Minister of Social Affairs & Labour,

MINISTER OF FOREIGN AFFAIRS
& ACTING MINISTER OF SOCIAL AFFAIRS & LABOUR
Having seen the Law Decree 1511979 on Civil Service; and
DR. MOUD, SABAU AL SALEM AL SABAU

The Decree Promulgated on 7.1.1979 on the jurisdiction and powers of Ministry of

Social Affairs & Labour; and
Issued on 21 "Jamad AI Awal, 1424 A.H.
Civil Service Commission Resolution No. I of 1983 on compensation for Corresponding to : 21 SI July, 2003 AD.
Governmental Authorities Committees sessions; and

Law No. 38/64 organizing work in the Private Sector and Oil Sector Labour Law No.
28/69; and

The Ministerial Resolution No. 106/94 organizing the Private Sector and all its
relevant amendments; and

The Ministerial Resolution No. 13512001 on transfer of work permits; and

Ministerial Resolution No. 144/2001 re-forming the Individual Works Disputes

Committee; and

In conformity with the requirements of the public interests, and

Pursuant to the proposal made by the Undersecretary of the Ministry,

Hereby decides:

ARTICLE 1

Paragraph 4 of Article 2 of Ministerial Resolution No. 14412001" re-forming the

Individual Works Disputes Committee shall be amended to read as follows:

a. The Individual Works Disputes Committee shall be authorized to study

and consider the humanitarian cases & work permit and applications
referred to it by the Undersecretary of the Ministry and Assistant
Undersecretary for Work Affairs and then take the necessary action
accordingly.

b. The Undersecretary of the Ministry shall be authorized to take whatever he

deems suitable regarding the cases stipulated in Clause (a) of this Article
in respect of which a memorandum of opinion has been submitted by the
Individual Works Disputes Committee.

246 247
 STRVUF IAr: AFFAIR ABOlJR

MINISTERIAL RESOLUTION NO. 151 OF 2004 ARTICLE 5

~hoever ~iolat:s the provisions of this resolution shall be subject to th I.

stipulated In Article 97 of the aforesaid Labour Law. e pena ties
The Minister of Social Affairs & Labour,

Having seen the Private Sector Labour Law No. 38 of 1964 and amending its laws ARTICLE 6
thereof; and
All conce~ed parties sh~1l implement this resolution which shall be 0 .
the date of Its promulgation and it shall be published in the Offi . I G perative as from
Labour Law No. 28 of 1969 on Oil Sector; and cia azette.

The Decree promulgated on 7lh January, 1979 on the jurisdictions and powers of the
Ministry of Social Affairs & Labour; and MINISTER OF SOCIAL AFFAIRS & LABOUR
FAISAL MOHD. AL HAJJI BUKHADOUR
In conformity with the requirements of the public interests, and
Issued on 16lh Muharam, 1425 A.H.
Pursuant to the proposal made by the Undersecretary of the Ministry, Corresponding to : i~ March, 2004 AD.

Hereby decides:

ARTICLE 1

In accordance with the provisions of Article 46 of the Private Sector Labour Law,
every employer who engages labourers to work in areas far from the residential areas
shall provide them with suitable accommodations, potable water and means of food
supplies.

ARTICLE 2

The following areas are deemed to be far from the residential areas:

a. All Kuwaiti Islands

b. Work' sites which are far from the nearest populous area by more than 50 km.

ARTICLE 3

The relevant distance shall be measured from the last terminal of the nearest
residential area located in the main roads leading to the work sites.

ARTCILE4

This Resolution shall be applicable to the work sites where the duration of the work
lasts for more than 6 months.

248
249
 ADMINISTRATIVE RESOLUTION NO. 156 OF 2005 MINISTRY OF SOCIAL AFFAIRS & LABOUR

The Undersecretary of the Minister of Social Affairs & Labour, MINISTERIAL RESOLUTION NO. 159 OF 2006

Having seen the Private Sector Labour Law No. 38/64 and its amendments; and The Minister of Social Affairs & Labour,

The Ministerial Resolution No. 106/94 organizing the Private Sector Labour and its Having seen the Private Sector Labour Law No. 38 of 1964; and
relevant amendments; and
The Law No. 17 of 1959 on Aliens Residence and the executive bylaw thereto; and

The Ministerial Resolution No. 134/200 I concerning amounts withdrawal from the
The Council of Ministers Resolution No. 1156 promulgated on 10.10.2004 and its
Financial Guarantee and its relevant amendments; and relevant amendments; and

The Ministerial Resolution No. 13512001 on the transfer of Work Permits; and
Resolution No. 15512004 on transfer of the visiting cards for the purpose of working
in the private sector; and
The Ministerial Resolution No. 13612001 concerning the issuance of Work Permits;
and
The Ministerial Resolution No. 134 of 2001 on the Financial Guarantee rules &
Pursuant to the requirements of work interest; regulations in respect of the Private Sector employees and the authorization for
withdrawing from that guarantee; and
Hereby decides:
The Ministerial Resolution No. 135 of2001 on transfer of work permits; and
ARTICLE 1
The Minutes of meeting of the Permanent Committee for Organizing the Private
All Private Sector Companies & Employers shall comply with the payment of Sector Expatriate Manpower Situations which was held on 28.3.2006; and
workers salaries & wages in the prescribed dates. However, in case of delaying the
payment of such salaries & wages for a fifteen day period as from the due date of Upon the requirements of the work interest, and
payment, the Ministry shall have the right to take the following measures:
Pursuant to the proposal made by the Undersecretary of the Ministry,
1. To withdraw from the financial guarantee in accordance with the
provisions of the Ministerial Resolution No. 134/200 I for payment of the Hereby decides:
due wages of those workers.
ARTICLE 1
2. Suspending the file of the defaulting employer until he rectifies such
violation. A Visit card may be transferred into a work permit in accordance with the following
3. Calling upon and advising the concerned authorities including the Central stipulations:
Tenders Committee, not to deal with the violating employer in the future.
I. The applicant should be holder of a University Degree which is in line
ARTICLE 2 with the required profession and activity.

This Resolution shall be immediately operative the date promulgated and all 2. Collecting an additional fee of KD 2001- for each labour approval of a
concerned shall implement it, each within his jurisdiction and it shall be published in transferee.
the Official Gazette.
3. Observing the Ministry of Social Affairs & Labour applicable rules and
THEUNDERSECREATRY regulations regarding the procedure for adding new employees to the
MINISTRY OF SOCIAL AFFAIRS & LABOUR relevant file, besides complying with the provisions of the Private Sector
Issue on : 21st Rabie Awal ,.1426 A.H Labour Law No. 38/64 and the National Manpower Support Law No.
Corresponding to : 30th April, 2005 AD. 1912000 and the Ministerial Resolution issued in respect of their
implementation.

250
-251-
4. The labourer should be medically fit according to the Ministry of Health
applicable check up procedure.

ARTICLE 2

The employers who are engaged in certain contracts for implementing urgent
contingent governmental projects of a period less than 9 month and they are in need
of recruiting manpower from abroad by virtue of visiting cards, they are required to
comply with the following:

I. Referring to the Government Project Contracts Department for registering the

contract in question. Attn: ManagerlTender Section
We are AL NAMA INTL TRANSLATION COMPANY
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Social Affairs & Labour applicable rules and regulations.
Our Main Line of Business is:
Translating the.Official Gazette, "KUWAIT AL YOUM" which includes:
ARTICLE 3 LA WS & DECREES
INVITED, AWARDED, TENDERS & BIDDINGS
Anyone in respect of whom a visit card was been issued prior to the issuance of this And other items published in the Official Gazette.
resolution shall be exempted from the provisions of Article 1 hereof provided that he The Digest & the Tender Bulletin will be on your desk
shall contact the Competent Labour Department to issue a work permit in his favour On the very same day of Arabic publication, i.e. SUNDAY
within a period not later than 3.6.2006.
Moreover, we undertake all types ofTRANSALTION from
ARTCILE4 Arabic to English and Vice versa
For Samples or any further information, please don't hesitate to call us.
The Ministerial Resolution No. 155/2004 on the conditions for transferring the visit
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within his jurisdiction. P.O. BOX NO. 25474 SAFAT 13115 KUWAIT

MINISTER OF SOCIAL AFFAIRS & LABOUR

ALl JARRAH AL SABAH

Issued on : 10th Rabi Al Akber, 1427 A.H.

Corresponding to: s" May, 2006 AD.

252
 ---
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AL NAMAINTL TRANSLATION SERVICES

ABDULLA T AKI BLDG. 3RD FLOOR
NEAR AIR INDIA ALl SALEM STREET

THE FOLLOWING LAW BOOKS ( IN ENGLISH)

ARE AV AILABLE WITH US FOR SALE:

I. COMMERCIAL LAW NO. 68 of 1980 KD 401-

2. PRlV ATE SECTOR LABOUR LAW NO. 38 OF 1964
WITH AMENDMENTS UPTO 2006 KD 15/-
3. COMMERCIAL COMP ANlES LAW KD 201-
4. FIRE RULES & REGULATIONS KD 15/-
5. PUBLIC TENDERS LAW KD 15/-
6. NEW RESIDENCE LAW KD 10/-
7: RENT LAW KD 101-
8. ISRAEL BOYCOTT LA W KD 15/-
9. STOCK EXCHANGE LAW KD 201-
10. CIVIL INFORMATION SYSTEM LAW KD 71-
11. KUWAIT PORTLAND CEMENT SPECIFICATIONS KD 10/-
12. DIFFICULT DEBTS LAW NO. 17 OF 1993 KD 15/-
13. CUSTOMS LAW NO. 13 OF 1980 KDIO/
14. PRESS & PUBLICATION LAW NO. 3 OF 2006 KD 5/-

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