Employer cannot compel their employees to purchase products they manufacture or produce. If a worker is indebted to his employer, a deduction to his salary can be made to pay off this debt but the deduction must not exceed 10% of his salary and interest may not be charged to the worker. When a third party debt is attached to an employer’s salary, only 25% of his salary may be deducted.
Eight hours a day and 48 hours per week is the required working hours for an adult worker. An employee must be permitted to have a one hour rest or break every after five consecutive hours of work. This one hour rest or break is not included in the computation of working hours. MSA&L can modify – either increase or decrease – these standard working hours in case to case basis. Employees working in a hotel are one example of those who have either less or more than the required working hour.
An employee has the liberty to enjoy one whole day off per week. This day off is without pay and is traditionally scheduled during Fridays. But this is not a legal requirement in Kuwait.
There are eight holidays a year where an employee is entitled to enjoy with full payment. These holidays are as follows:
– One day on Hijri New Year’s Day
– One day on Ascension Day
– Two days for Eid Al-fitr
– Two days for Eid Al-adha
– One day for the prophet Mohammed Birthday (PBUH)
– One day for National Day
There is another holiday which is the Liberation Day but for private sector it is not yet a statutory holiday.
Employees are entitled to take advantage 14 whole days leave every year for completing one whole year of service, and 21 days of leave every year after more than five continuous years of service. These annual leave does not include sick leave and official holidays. The employer is given the power to schedule the date of the employer’s leave.
The employee’s holiday pay must be given before he goes on leave. In calculating the amount due, the employee’s last salary payable before the holidays must be used. In case of employee’s termination of service, he is entitled to a cash payment in lieu of accumulated leave. This is irrespective of the number of years of leave due. Payment for the accumulated leave must be computed on the basis of the last salary payable on termination date.