Leave entitlement
We are a very large group of expatriates working for a number of companies of the same Kuwaiti sponsor, who people say has a lot of links with the ‘big guys’ in various ministries.
To get to our problem, we want to know about our annual leave entitlements. We signed contracts with this individual’s firms in 2007 and 2008.… Some even before that. Now this individual says that as we signed contracts with the firm before the enactment of the new Labor Law in 2010, we are not entitled to any of the privileges mentioned in the new law.
For example, we are still getting 14 days leave per year for the last two years and also paid accordingly. The same goes for other facilities and also calculation of indemnity.
Names withheld
Answer: You are working for one of those very few companies which are cheating their employees as most of the firms, especially all the big ones, are following the Ministry of Social Affairs & Labor instructions and the new Labor Law.
Please remember that once a new law is enacted all the contracts under the old one become null and void. The new law clearly states at the start that it is replacing the old one. The laws also state that whenever any new law is enacted, any contract in violation of this law will not be accepted.
What the new law states are the minimum rights for the employees. The firms can give them more, not less.
So, under this law you all are entitled to 30 working days annual leave regardless of when the contract was signed.
Even the calculation of the leave salary is different. You should get 30 working days leave salary not one month because the latter has only 26 working days. For example your monthly salary is KD 300. Your salary for the 30 working days should be calculated as follows:
30 ÷ 26 x 300 = KD 346
So, you should get KD 346 and not KD 300 as your leave salary.
Coming to the question of your sponsor’s connections with senior officials, these are only threats to rob you of your rights. The Ministry of Social Affairs & Labor and Kuwaiti courts take very strict action if such violations are brought to their attention.
If your company continues to rob you of your rights, the matter must be brought to the attention of the Ministry of Social Affairs & Labor.
There is only one way out of the whole situation: You must get all the rights mentioned in the new Labor Law, enacted on Feb 20, 2010.