Individual Work Contract in Kuwait
This Article regarding the legal Work Contract in Kuwait could help all the Workers understand the importance of their signed contract. For all the Workers who transferred to other Employer should have their copy of the Job Offer and the Transfer Papers as their contract. All the pieces of information below are from the official website of Kuwait Labor Law.
Section One – Work Contract Structure
Anyone who has completed 15 years of age shall be eligible to conclude a work contract if the period of the contract is not specified. In the event where the period is specified, it should not exceed one year, until he will reaches 18 years of age.
The work contract shall be made in writing and contain, in particular, the signing and effective dates of the contract, the amount of remuneration, the term of the contract if it is for a specific period and the nature of work. The contract shall be made in three copies, one for each party and the third shall be lodged with the competent authority at the Ministry. In the event where the work contract is not established by means of a written document, it shall still be deemed to exist and the worker may, in such event, establish his rights by all means of evidence.
Regardless of whether the work contract is for a specific of indefinite term, the remuneration of the worker may not be reduced during the contract validity period. Any agreement to the contrary, whether made before or after the effective date of the contract, shall be deemed null and void because this matter is related to the general order.
The employer may not assign to the worker any task that is not consistent with nature of the work stated in the contract or that is unsuitable to the worker’s qualifications and experience on the basis of which the contract was signed with him.
All contracts shall be written in Arabic and translations to any other language maybe added thereto, provided that the Arabic version shall prevail in the event of any dispute. The provision of this article shall apply to all correspondences, publications, by laws and circulars issued by the employer to his workers.
In the event where the term of the contract is specified, such term shall not exceed five years nor shall it be less than a year. The contract may be renewed after the expiry of the specified period with the consent of both parties.
If the period of the work contract is specified and both parties continue to implement it after the expiry of the period thereof without formal renewal, the contract shall be deemed renewed for a similar period with the same condition, unless both parties agree to renew it under other conditions. In all events, renewal may not adversely affect the worker’s entitlements acquired under the previous contract.