KUWAIT CITY, April 23: According to information made available to the Arab Times, the government has proposed a labor law for domestics.

The law pertains to domestic workers, cooks, drivers, farmers, guards and farm-animal caretakers or shepherds, stablemen and the sponsors and their family and dependents, as per Article 1 and 2.  The official designators are the Interior Minister and Domestic Labor Department.

According to Article 3, this law is the standard for the worker’s rights but do not replace any additional benefits given by employers to the concerned workers. Article 4, meanwhile, states that all conditions stipulated in a contract that violate the law (and do not give workers any further benefits) are void.
Complaints by sponsors are reviewed by the administration promptly and without charge, however complaints are not accepted if six months have elapsed from the contract’s expiry date. Under Article 6 the Interior Minister sets the conditions and procedures of domestic labor (all workers who fall under the law) recruitment as well as the conditions and procedures for the transference from one sponsor to another.

The Interior Minister (Article 8) issues a decision to establish a department to recruit domestic labor. The dept also is responsible for receiving applications and categorizing the workers based on gender, race, occupation and number of workers. It is also responsible for receiving the recruitment fees and expenses and to provide workers’ insurance; to conclude contracts with those who desire to recruit domestic labor; and coordinate with labor departments within the embassies of workers in Kuwait.
The domestic labor departments of the concerned embassies, meanwhile, advertises work within Kuwait in their respective countries; receive applications from labor who wish to work in Kuwait; make sure the workers meet the conditions of Kuwait; coordinate with the Interior Ministry; and coordinate the contracts for visa issuance.

Under Article 11 of the law, employers cannot hire workers not under their sponsorship, allow workers under their sponsorship to work elsewhere, and fail to provide work or financially benefit from the employees.  However, Article 12 states that employers may be allowed to recruit a specific worker from their country. Workers cannot be under 18 years of age.

Under the contracts section, contracts must be written in Arabic as well as the language of the respective employee. In light of any disputes, the Arabic version is referred to.

Contracts may not exceed three years, if time periods are applied, but maybe renewed if both parties agree. If both parties resume implementing the contract terms following its expiry, and without renewal, the contract is considered renewed to an indefinite period and with the same conditions. This is if both parties do not wish to add further conditions. In all cases, contract renewals may not infringe the rights of the workers.

Article 19 states that a probation period may be included, provided it does not exceed 120 days. The employer can terminate the services of the employee without notice, but must provide the agreed upon pay for the probation period as stipulated by the contact. It is not allowed to hire the same worker under probation more than once.

Under Article 21, the employer must provide the employee with appropriate and facilitated abode; provide food, clothing and health treatments in one of the public or private hospitals. The employer may not re-take the provisions given to the employee.

Furthermore, Article 22 obligates the employer to respect the employee and consider his feelings and protect his dignity. The employer must treat the employee well; not harm him financially or morally; and not commission him with cumbersome work that is beyond his capacity or work that is degrading to the dignity of human beings.

Moreover, the employer must not hire the employee out to others, with pay or without pay. The employer undertakes all expenses and insurance fees to recruit the employee from abroad and finalize all documentation under the time period stipulated by law. The employer must open a bank account for the employee and provide him with the ATM card.

In case of death, the employer must also transfer the body of the deceased employee to his home country, if requested by his family, and undertakes all the expenses. The employers must not be uncooperative in transferring the residency of the employee to another sponsor.

Meanwhile, under Article 23, the employee is obligated to obey the instructions of the employer; fulfill his duties well and accordingly; to protect the property, finances and secrets of the employer and his dependents; respect the teachings of Islam and the country’s customs and traditions and make sure not to transfer his own customs, traditions and language onto the children of the employer.

The employee must not inflict harm on the employer or his family members and dependents financially or morally. The employee cannot work for any other sponsor with or without pay.

Under the penalties, punishment and searches section, the employer is allowed to orally warn, deduct the employee’s pay (for not more than five days), or warn of the contract’s termination or terminate the contract if the employee violates any one of his obligations under Article 23. The employer must inform the domestic labor department and the employee of any of the above penalties he undertakes, excluding oral warnings.

Under Article 25, the employer cannot undertake more than one penalty for the same violation and not more than one pay deduction in a month. The penalty must be compatible with the violation.

Article 26 stipulates that any violating employer is primarily warned to correct his violation within a period that does not exceed 60 days. If the employer fails to do so, he is fined a monetary amount that does not exceed KD 100 for every worker the violation has been committed upon. The penalty is doubled if the same violation is committed within a year from the department’s decision.

Apart from the previous penalty, the employer is imprisoned for a period not exceeding two months and/or is fined an amount not exceeding KD 500 if he violates Article 11 of this law.

Under Article 27, specialized women employees are hired by the Interior Minister to ensure the articles of the law are abided by. They will have the right to visit the houses of employers from 8 am - 6 pm and interview the employees on their treatment and work conditions and take note of any complaints. They will also question the employer on the performance of the employee (s) and review all their files.

The hired specialists will also prepare all the violation records of the employers and employees with their appropriate warnings and refer all documents the concerned departments in case of penalties and punishments. Other male employees are hired to search the abodes of guards, shepherds and farmers.
Under Article 29 the Interior Minister can stipulate the minimum wage and raise it accordingly. Article 30 stipulates the salaries are paid to employees into their bank accounts at the end of each month. The workers should be provided with the statements of the salary transfers. The workers have the right to take two one-hour periods of rest per day as well as the sleep period.

Under Article 32, the employee has one day off per week with full pay as agreed with the sponsor. The agreed upon day-off may be changed with prior notice and the employee may spend his day off with the employer’s family if the employer agrees.

In case of illness, the employee must provide a doctors certificate from one of the public sector hospitals. In one year, the employee can have a six-day sick leave with pay; six-day sick leave with half pay; and a six-day sick leave without pay. If proven that the employee’s illness is chronic or contagious or is feared by the sponsor and his family and dependents, then the sponsor may terminate the contract in accordance with this law.

Employees have the right to one month paid leave for every year working with the same sponsor. The employee is also allowed a two month vacation in his respective home country following two years of work and is also entitled a two-way ticket.

The employer is entitled to set the yearly vacation period and may not prevent the employee from travelling to spend his vacation. This is unless the employee is willing to forfeit travelling and signs an agreement not to travel without pressure or coercion.

The employee’s vacation period may not be segmented unless with his permission. But the monthly vacation periods maybe piled up by the employee on condition this does not exceed three months or conflict with the employer’s interests.

Under Article 39, the employer must keep files containing all the documentation of his employee (s), including vacations taken and salary statements.

The employer must inform the employee of any dangers he may face during work and prevention methods that he must undertake, prior to the work contract. The employer must also ensure the safety of the employee and provide first-aid treatments.

If the employee is injured during work or as a result of the job, the employers must immediately report the accident to his constituency’s police station and the domestic labor department. The employee is entitled full pay during the entire treatment period.

The employee is also entitled compensation with regards to the size of the injury, the degree of disability obtained and the financial standing of the employer. The employer is obligated to undertake the treatment expenses.

This right is forfeited if it is proven that the worker intentionally injured himself or if the injury was the result of foolish behavior or violation of the employer’s instructions. This is if the accident is not fatal or lead to permanent disability to 25 percent of the body.

Meanwhile, Article 47 states that if a time period is not included in the work contract, both parties are able to terminate it and the terminator must compensate the other with no more than a month’s salary.
If a time period is stipulated and one party wishes to terminate the contract without cause, then the terminator must compensate the other with an amount that does not exceed the salary of the worker for the rest of the contract period. But the employer cannot terminate the contract without legitimate reason, Article 49 stipulates.

Article 50, however, states that the employee can end the contract and acquire all his rights if he was attacked by the employee or one of his family members or dependents. He can also terminate the contract if the employers neglects the terms of the contract or the law.

The contract is also terminated upon the death of the worker, or if proven he is unable to fulfill his duties, or if he acquires an illness that he fears will affect the employer or any of his family members or dependents.

Meanwhile, the employee is entitled an end of service bonus amounting to ten days of every year of work. This is if the employer ends the contract without legitimate reason and with abiding by article 19 of the law. This is also if the employee has given the employer more the five consecutive years of service.
The employer can end the work contract without compensation or end of term bonus if the employee’s service does not exceed five years; if the employee attacked the employer or one of his family members or dependents. This is also if the employee commits an immoral act within the employers abode or revealed a secret pertaining to the employer or one of his family members or dependents.

In cases of disputes between both parties on the contract’s conditions or transference to another sponsor then they should first attempt to work the matter out respectfully between them. Following which, they should inform the department of the agreement within 48 hours of its commencement.

However, if both parties do not agree they may resort to the domestic labor department for a decision that will be taken by the dispute resolution committees ordered by the minister.

In another development, the government, represented by the Ministry of Justice has prepared a draft law to prevent human trafficking based on the dictates of the United Nations Convention to fight transnational organized crime. According to information made available to the Arab Times, the bill has been referred to the Parliament for approval.

The bill, which contains 23 articles, calls for the establishment of the ‘National Authority for Combating Human Trafficking’. According to this bill, human trafficking is defined as a person who intentionally exploits another person or juvenile or transports, accommodates or receives him/her through force, threat, deceit or uses his job or influence or uses any power on such person or any other illegal means.
The bill considers any person a perpetrator of human trafficking if he/she is involved in inciting or assisting or condoning human trafficking.

It states the procedures observed in penal and trial code No. 7/1960. The bill also mandates the Public Prosecution to issue an order to take all necessary precautionary measures which include confiscation of money and properties related to human trafficking or returns or any other evidence that may lead to identify this money or properties or returns.

The competent court should order the confiscation of these monies, properties and returns until the issuance of a verdict in the penal suit.

According to this law anyone who is involved in human trafficking should be punished with prison sentence not less than three years and not more than seven years and a fine not less than KD 3,000 and not more than KD 10,000.

The perpetrator shall also be punished with prison sentence not less than seven years and not more than 15 years and a fine of not less than KD 3,000 and not more than KD 10,000 in any of the following cases:
 

• if the victim is a juvenile or a person with special needs
•  if the criminal is armed with a weapon
•  if the crime is committed by more than one person
•  if the criminal is a husband of the victim or one of his relatives
•  if the crime is committed by an organized group or the criminal is one of its members
•  if the criminal is a public servant or is assigned for public work and he takes advantage of his job to commit the crime
•  if the crime is transnational
•  if the victim is affected with madness or HIV or any psychological or physical illness that there is no hope for its recovery

According the law, if the crime of human trafficking is committed through a legal entity, then the set punishment shall be inflicted on the person in-charge of managing the legal entity if it established that he is aware of the crime but does not take necessary legal actions towards it in accordance with this law.
The legal entity shall be responsible for the crime if it occurs with its name and in its interest, and it will be punished with a fine of not less than KD 3,000 and not more than KD 10,000.

The law also imposes prison sentence of not less than six months and not more than three years and a fine not less than KD 300 and not more than KD 1,000 on anyone who is aware of committing the crime of human trafficking and does not inform the concerned authority.

The person can be pardoned of the punishment if it is the victim’s husband or relative who prevents him from informing about the crime.

A prison sentence of not less than six months and not more than three years and a fine not less than KD 300 and not more than KD 1, 000 is also imposed on anyone who hides a person or persons involved in human trafficking with intent to assist him/them to escape justice or conceals some of the returns of the crime or contributes to hide them though he is aware of that in all cases.

The law, however, imposes prison sentence of not less than three years and not more than five years on anyone who uses force, threat or promises of benefit to prevent a person from giving testimony or evidence or giving false testimony or incorrect evidence related to human trafficking before any concerned authority.

According to the law, and in case a person is convicted of committing the crime of human trafficking, the court shall order the confiscation of the money, properties, revenues, and the means used in committing such crime, or that which have been prepared for this purpose and the revenues derived from this.
The law also imposes full punishment against anyone who attempts to commit the crime of human trafficking.

The criminal who takes the initiative to inform the authorities what he knew about the crime before engaging into the crime which led to discovering the crime before it happened or to arrest the perpetrators or prevent from its completion, but if the information happened after the discovery of the crime, then he can be pardoned or punishment reduced if he assists the authorities during investigation to arrest other criminals.

The victim shall be exempted of paying fees of civil lawsuit that he files to demand compensation of the damages that resulted from his exploitation in the human trafficking crime.

According to the law, it is not permitted to issue a law to stop execution of the punishment issued on the person convicted in human trafficking, because it is also not permitted to give up the minimum punishment set for the crime.

The law states an authority called ‘National Authority for Combating Human Trafficking’ shall be established through a decision by the Council of Ministers and will be headed by a minister.