This article is for all the Workers in Kuwait, I will be writing down about Overtime Calculation as per Kuwait Labor Law. I am hoping that this could help all the workers to know the right calculation of their salary in terms of Overtime Payment.
As a worker also, I know how it feels when our Company Admins are not paying right for the hours of our hard work. Remember, we are not here in Kuwait just to get a job and work, we are here to get paid higher than our Country of Origin’s salary rate. The Country of Kuwait implemented its rules to support all the expats who are giving their best for the betterment of the economy of this Country. It is indeed very sad to say that lots of companies, especially SME’s are not abiding this law. Let’s make this beautiful Country of Kuwait be fair to all the people who are living and working here.
Your Success is in the hands of your Workers. Treat them fair, pay them right and well; they will work hard more than what you expected.Kuwait Worker
Overtime Calculation for Weekdays
This is under “Private Sector Kuwait Labor Law – Official Version of 2010
Without prejudice to Articles (21) and (64) of this Law, the employer may, by means of a written order, have workers work overtime if the necessity arises for the purpose of preventing a dangerous accident, repairing damages arising from such accident, avoiding a loss or facing an unusual workload. The overtime work should not exceed two hours a day, a maximum of 180 hours a year, three days a week or 90 days a year. The worker shall have the right to prove by any means that the employer required him to perform additional works for an additional period of time. The worker shall also be entitled to a 25 percent increase over his original remuneration for the period of overtime.
This remuneration shall be in conformity with Article (56) of this Law. The employer shall keep a special record for overtime work showing the dates, the number of hours worked and remunerations paid in consideration of the additional work assigned to the worker.
The worker shall be entitled to a paid weekend which is equal to 24 continuous hours after every six working days. The employer may call the worker for work during his weekend if the necessity arises. The worker shall be entitled to at least 50 percent of his remuneration, in addition to his original remuneration and to another day off instead of the one on which he worked.
The preceding paragraph does not affect the calculation of the worker’s rights including his daily remuneration and his leaves. This right is calculated by dividing his remuneration by the actual working days without including the weekends, although these weekends are paid.
Written by Fajer Ahmed of Kuwait Times
What should I be expecting as remuneration for the days I work on weekends?
According to Article (67) of the law, you should be expecting 1.5 of what you are usually paid per day (divide your salary by 26) plus a day off instead of the one you worked.
Written by Arab Times Online
It clearly says the worker shall be entitled to at least 50 percent of his remuneration, in addition to his original remuneration and to another day off instead of the one on which he worked. This means the worker not only gets 1.5 times the normal remuneration but also another day off and if you are not given that day off, then payment must be made also for that day.
Overtime Calculation for Holidays
Under “Private Sector Kuwait Labor Law – Official Version of 2010″
The fully-paid official holidays are as follows:
a- Hegeira New Year: 1 day
b- Isra’ and Mi’raj day: 1 day
c- Eid Al-Fitr: 3 days
d- Waqfat Arafat: 1 day
e- Eid Al-Adha: 3 days
f- Prophet’s Birthday (Al-Mawlid Al-Nabawi): 1 day
g- National Day: 1 day
h- Gregorian New Year: 1 day
In the event where the worker is required to work during any of the above mentioned holidays, he shall be entitled to a double remuneration and an additional day off.
By Arab Times Online
Article 68 says that if a worker is required to work on an official holiday, he shall be entitled to double remuneration and an additional day off. It is also very important to mention that the law uses the word “remuneration” for the calculation of overtime and not basic salary. “Remuneration” means the basic salary plus all the other allowances that a worker receives regularly.
The Kuwait Labor Law, the second part of Article 67, also makes it very clear that overtime is calculated by dividing the worker’s remuneration by the actual working days without including the weekends, although these weekends are paid. But, before, we go on we must make it clear that for this purpose a month is considered to have 26 working days even for those companies which work 5 days a week.
According to the Legal Department of the Ministry of Social Affairs and Labor, the overtime pay of such employees should be calculated as follows:
a) 1.25 times the basic hourly rate for excess hours worked on ordinary days
b) 1.50 times the basic hourly rate for all hours worked on the weekly off days
c) Twice the basic hourly rate for all hours worked on public holidays From the above it is clear that the company is correct and the overtime pay should be calculated on basic salary.
If you have any questions we are always here to answer. I am hoping that this article could be helpful to all the Workers in Kuwait.