Labor lawsuits according to Kuwaiti legislation
Culture in the labor lawsuit
In the beginning the labor case is the most important case in the State of Kuwait, whether at the level of the two parties to the labor relationship and what the value of work and wages represent in relation to it, or on the level of the general national interest, given that the Kuwaiti economy depends mainly on expatriate workers, hence the importance of the labor lawsuit, especially After the Kuwaiti legislator issued Law No. 6 of 2010 regarding work in the private sector, and then published it in the official gazette on February 21, 2010, we will present the form of the labor lawsuit and its litigation in a hurry, as the Kuwaiti legislator has allocated a special scope for the labor lawsuit in terms of the method of filing it to the competent court In terms of its consideration and the wording of the judgment issued by that court, it also specified the parties to that lawsuit precisely, so that it can be said that the labor lawsuit has unique characteristics that distinguish it from others in several ways:
Labor lawsuit:
- Exempt from judicial fees if the worker raises them
- To consider urgently
- In denial, you are not heard after a year has passed from the date of the expiry of the employment contract
The first face:
It is a lawsuit exempt from judicial fees if it is filed by the worker, it cannot be excluded from the roll for non-payment of the fee, but if the filing of the labor lawsuit is the employer then he is subject to the general rules, he must pay the fee when filing the case, otherwise it may be excluded from the roll, and it is noticed that the worker’s exemption Whoever pays the fees when filing the lawsuit does not prevent him from being obligated to pay the expenses and the attorney fees in case the case is rejected.
The second face:
It is a case that is considered urgently, meaning that it must be taken into account that the procedures for its consideration be within a reasonable time frame, so that its consideration is not postponed for an unjustified reason or for the same reason more than once, so that it is decided quickly.
The third face:
It is a named lawsuit in the sense that the legislator has singled out a specific regulation that is reflected in three aspects:
It is not permissible for anyone other than those specified by the Labor Law to raise it or against it.
The court may not rule on the merits of a labor case based on anything other than the provisions of labor laws and ministerial decisions issued in implementation thereof.
On the other hand .. filing a labor lawsuit has a specificity as it is considered filed and producing all its effects as soon as the worker submits his request to the Department of Labor and Social Affairs without the need to deposit its newspaper at the clerk's office of the court in accordance with the pleadings law, but with regard to the labor lawsuit, the Kuwaiti legislator has created a new way to file that The lawsuit and Article 146 of Law No. 6/2010 in the matter of private work stipulated that the lawsuit must be preceded by a request submitted by the worker or his beneficiaries to the competent labor department. The administration shall summon the parties to the dispute or their representatives within a month. If they do not reconcile between them, the dispute shall be referred to the court. Competent.
Article 144 of the same law stipulates that:
(Upon denial, after one year has passed from the date of the termination of the work contract, the lawsuits filed by workers based on the provisions of this law and the provisions of paragraph 2 of Article 442 of the Civil Code shall apply to denial.)
Competence to hear the labor case.
Whereas, the pleading law has regulated the Kuwaiti legislator the value of the legal rules regulating the international jurisdiction of the Kuwaiti courts, as well as the qualitative jurisdiction and the value jurisdiction, and made the qualitative and value jurisdiction and has made the jurisdiction related to the state, the type of suit or its value from the public order.
With the exception that these rules have been established by the legislator, in accordance with Article 1 of Decree-Law No. 46 of 1987, a department in the Supreme Court consisting of a single judge exclusively competent to adjudicate labor disputes arising from the application of the provisions of labor laws and the regulation of the relationship between workers and employers in the private sector.
Law No. 6 of 2010 has defined a definition for both the worker and the employer, and the rights and obligations of each of them on the other. It also singles out the conditions of the two parties' contracts without prejudice to the rights of the worker, and for the worker to place himself at the disposal of the employer and to perform all the work assigned to him within the known framework In exchange for a wage that the worker receives at the end of each month.
This law also prohibited the employment of persons under the age of 15 Gregorian years in Article 19 thereof, and in Article (22) that women may not be employed at night between ten in the evening and seven in the morning except in hospitals, clinics, private treatment homes, and other excluded institutions, as well as It is forbidden to employ women in dangerous, arduous or harmful jobs.
Article 41 of it stipulates the regulation of the end of the work contract and the end of service gratuity, and in Article 46 it stipulates that:
(It is not permissible to terminate a worker’s service without justification or because of his union activity, or because of the claim and enjoyment of his legitimate rights in accordance with the provisions of the law).
Article 64 stipulates that:
(A worker may not work for more than 48 hours per week or 8 hours per day except in the cases stipulated in this law, and the worker has the right to a paid weekly rest of 24 hours).
It also specified in Article 68 of the official holidays with full pay, and in Article (70) stipulated the right of the worker to an annual paid leave of 30 days, but after the worker has spent 9 months working for the employer, this law has guaranteed the rights of the worker And organizing the relationship between the worker and the employer in a better way than before and reading out some faults and some previous problems between the two parties to the relationship, it was stipulated in Article 115/1, 2 of it that:
(Each condition in the individual work contract or collective work contracts that contravenes the provisions of this law shall be null and void, unless the condition is more beneficial to the worker, and every condition or agreement concluded before or after the implementation of this law falls under which the worker waives any of the rights granted by the law, In addition, any conciliation or disassociation that includes an agreement or a release from the rights of the worker arising from him under the work contract shall be null.)
Concerning litigation before the courts, the law requires the worker to prove the work relationship, by all means of proof, and the employer must prove that the worker receives the wages as he is a debt he owes.
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