Working overseas in Kuwait is a significant step, and understanding your basic rights under Kuwaiti law is essential for a safe and fair experience. Kuwait has specific laws designed to protect workers, primarily Law No. 6/2010 for those in the private sector and Law No. 68/2015 for domestic workers. Knowing which law applies to you is the first step. Remember, if you encounter any problems, support is available.

Understanding Your Applicable Law

Your rights and protections depend significantly on whether you work in the private sector or as a domestic worker:

• Private Sector (Law 6/2010): This applies if you work for a company, such as in an office, shop, construction site, hotel, or similar establishment. This law sets the minimum standards, and your contract can offer better terms, but not less. The Public Authority for Manpower (PAM) primarily oversees this law.

• Domestic Worker (Law 68/2015): This covers jobs within a private household, like house helpers, private drivers, gardeners, and cooks working for an individual or family. This law provides a separate framework, which in some areas offers different, sometimes lesser, protections compared to the private sector law. PAM and the Ministry of Interior (MOI) are involved in overseeing aspects of this law.

Key differences exist between these laws, particularly regarding minimum wage, working hours, and benefits, as highlighted below:

Key Differences:

Right	Private Sector (Law 6/2010)	Domestic Worker (Law 68/2015)
Min. Wage (KWD/mo)	75	60
Max Regular Hours	8/day, 48/week	12/day (incl. rest periods)
Nightly Rest	N/A	Min. 8 hours continuous
Weekly Rest Day	Yes, 1 paid	Yes, 1 paid
Annual Leave	30 paid working days (eligible after 9 months service for 1st year)	30 paid days (eligible after 1 year service)
End-of-Service Pay	Yes (Calculated: 15 days' wage/yr for first 5 yrs; 1 month's wage/yr after; caps may apply)	Yes (Generally 1 month's wage/yr, potentially after initial contract completion)
Overtime Pay	Yes (Mandated rates: 1.25x regular, 1.5x rest day, 2x holiday)	No explicit legal provision for overtime pay

Your Employment Contract:

Now that you know which law covers your employment, let's look at the importance of your contract. Always insist on a written contract. Crucially, the Arabic version holds legal weight, even if a translation is provided. Ensure you fully understand its terms before signing, seeking help from MWO/POLO if needed to verify the Arabic text. Pay close attention to your job title, salary, contract duration, working hours, leave entitlements, and conditions for termination. For domestic workers, a standard contract form prepared by authorities is typically used. Keep your copy in a safe place – it's your proof of the agreed terms.

Ensuring Fair Pay

Your contract outlines your compensation. Ensuring you receive fair and timely pay is crucial.

• Minimum Wage: While the legal minimum is 75 KWD/month (Private) and 60 KWD/month (Domestic), your contract might specify a higher amount, which then becomes legally binding.

• Payment: Salaries are typically paid monthly in Kuwaiti Dinars (KWD), preferably through a bank transfer for record-keeping. Always keep records of payments received (payslips, bank statements).

• Deductions: Your employer generally cannot deduct from your wages unless for legally permitted reasons (like recovery of advances, social security, court orders, specific damages caused by employee fault). There are usually limits on the percentage of wages that can be deducted per month. Arbitrary deductions are illegal.

• End-of-Service Pay: Upon proper completion or termination (without specific fault) of your contract, you are entitled to an end-of-service gratuity. The calculation method differs:

• Private Sector: Tiered based on service length (15 days' wage/yr for first 5 years, 1 month's wage/yr after).

• Domestic Worker: Generally one month's wage per year served, though eligibility might depend on completing the initial contract term. Understand your specific entitlement based on your law and service duration.

Work Hours & Rest Periods

Beyond pay, understanding the rules around your working time is vital for your well-being.

• Standard Hours: Private sector workers typically work 8 hours/day, 48 hours/week. Domestic workers have a maximum of 12 hours/day, which includes rest periods. Domestic workers must also receive 8 hours of continuous rest each night.

• Breaks: Private sector workers require a break of at least one hour after five consecutive hours of work (not counted in work hours). For domestic workers, rest periods are included within the 12-hour daily limit.

• Overtime: If private sector workers work beyond standard hours, they are entitled to overtime pay at premium rates (1.25x, 1.5x, or 2x depending on the day). Law 68/2015 for domestic workers does not explicitly mandate overtime pay for hours worked up to the 12-hour daily limit.

• Weekly Rest: You must be given at least one paid day off (24 continuous hours) each week.

• Special Conditions: Working hours are reduced during Ramadan (often to 6 hours/day for private sector). Outdoor work is prohibited during the hottest part of the day (11 AM - 4 PM) from June 1st to August 31st.

Leave Entitlements

Just as important as work hours are your entitlements to time off.

• Annual Leave: Private sector employees get 30 paid working days, eligible after 9 months of service for the first year. Domestic workers are granted 30 paid days, generally eligible after one year of service. Your employer usually covers the round-trip airfare for annual leave, often after each contract period.

• Sick Leave: You are entitled to sick leave if you provide a valid medical certificate from an authorized doctor/clinic.

• Private Sector: Entitlement follows a tiered structure: 15 days full pay, 10 days ¾ pay, 10 days ½ pay, 10 days ¼ pay, and then 30 days unpaid leave per year.

• Domestic Worker: The employer is obligated to provide necessary medical care and treatment. However, Law 68/2015 does not specify a paid sick leave structure like the private sector law, creating potential ambiguity regarding wage continuation during illness.

• Public Holidays: Kuwait observes several public holidays (around 9-13 per year), which are generally paid days off for both sectors. If required to work, compensation (like overtime pay) should be provided.

Your Passport: Keep It Safe!

While managing work and leave, always remember the importance of your personal documents. It is illegal for your employer to confiscate your passport or Civil ID without your explicit, voluntary consent. Your passport is your property and essential for your freedom of movement and legal status. Politely but firmly insist on keeping your documents. If your employer refuses, report this violation to the Philippine Migrant Workers Office (MWO/POLO) or Kuwaiti authorities (PAM/MOI). Passport confiscation is often used as an illegal means of control.

Changing Employers (Sponsorship)

Your legal status and ability to work in Kuwait are tied to your employer through the visa sponsorship (Kafala) system. If you wish to change jobs, you must follow specific legal procedures.

• Transferring: Changing sponsors often requires the consent of your current employer, especially if you are still within your initial contract period or minimum service term (which can vary and may be longer for domestic workers). Rules may allow transfers without consent after a certain period (e.g., one year for some private sector roles, potentially three years or upon contract completion for domestic workers, though rules evolve) or under specific circumstances (like documented abuse), but government approval (from PAM and/or MOI) is always necessary.

• "Absconding": Never leave your job without going through the proper channels. If you leave without authorization, your employer can report you as "absconding" (taghayyub). This is a serious violation that makes your residency illegal and can lead to arrest, fines, detention, and deportation, along with a ban from re-entering Kuwait or other GCC countries.

• Seek Guidance: If you are considering changing jobs or facing difficulties with your current employer regarding a transfer, contact MWO/POLO for advice before taking any action.

Conclusion:

Armed with this knowledge about your contract, pay, working hours, leave, passport rights, and the rules for changing jobs, you can better navigate your employment in Kuwait. Most importantly, remember that help is available. Don't hesitate to seek support from MWO/POLO or the relevant Kuwaiti authorities if you face problems. Assert your rights respectfully and stay informed.

Additional Information:

For direct assistance and support while in Kuwait, contact:

• Philippine Migrant Workers Office (MWO/POLO) Kuwait (Check the Philippine Embassy site: https://kuwaitpe.dfa.gov.ph/)

For official Kuwaiti labor regulations, work permit/transfer procedures, or to file complaints with Kuwaiti authorities, see:

• Public Authority for Manpower (PAM) Kuwait (https://www.manpower.gov.kw/)

For overall Philippine government information, policies, and programs for OFWs, visit:

• Department of Migrant Workers (DMW) - Philippines (https://www.dmw.gov.ph/)

To learn about specific OFW welfare benefits like insurance, training, or repatriation assistance, check:

• Overseas Workers Welfare Administration (OWWA) - Philippines (https://owwa.gov.ph/)