US-based Company Vilotating Labour rights
Currently I’m, working for a US-based company at Arifjan in Kuwait under the sponsorship of a local firm.
Recently, for several days, the company sent us back home because of sandstorms and the management told us that we will not be getting pay for these days. We all signed the contract on a monthly salary. We are working 6 days a week 10 hours per day. Is it allowed to deduct our pay if it is not possible to work due to climatic conditions. Do we have a right to claim pay for those days.
Name withheld
Answer: You may be working for a US-based company but you are under the sponsorship of a local firm. Morever, you are working on Kuwait soil, under the Kuwait Labour Law. This company, regardless of the fact it is a US-based firm and working on a US base, has to follow the Kuwait Law. It can give you more rights than mentioned in the laws not less. Secondly as you are working on a monthly contract, the company has to pay you for the lost days due to no fault of yours. It also can’t make you work 10 hours a day, six days a week. You are only allowed to work on a maximum of 48 hours, spread over a maximum of 6 days regardless of what is written in your contract, unless they are paying you for the extra two hours.
Foreign firms do not enjoy an ‘immunity’ as far as Kuwaiti laws are concerned. The best thing would be to file two complaints — one against the US firm with the base commander and secondly with the Labour Dept of your area.