Migrant workers' rights and their applications in the Kuwaiti Labor Law
<The International Labor Organization was established to enable workers to live in decent human conditions
> Kuwait has ratified the conventions of the International Labor Organization
<The labor law is what regulates the relationship between employers and workers
<The labor law in Kuwait sets minimum limits for workers' rights and applies to expatriate and national workers
In the coming lines, we will talk about the rights of migrant workers, given that Kuwait is one of the countries that attract foreign workers, and we will list the rights that were mentioned in the old and new labor law.
It must be mentioned at the outset that workers in the eighth century AD were suffering the most, while employers were exploiting them and assigning them to unbearable work. This prompted some scholars to the need to protect workers from the abuse of employers, and to achieve social justice according to legislation defining working conditions. After the First World War in 1919 CE, the International Labor Organization was established, and its mission was summarized in: (Striving to enable workers everywhere to live in decent human conditions away from injustice, misery, poverty and deprivation under a unified international labor law).
It should also be noted that the Constitution of the International Labor Organization states: (There is no way to establish world peace unless it is built on the basis of social justice, and that working conditions that involve the infliction of injustice, misery and deprivation on large numbers of people generate discontent that is so great that it jeopardizes world peace. At risk).
The International Labor Organization issued a declaration called the Declaration of Fundamental Principles and Rights at Work and its follow-up, and stipulated the adoption of eight basic conventions, which states must respect and implement, namely:
1- Convention (29) related to compulsory forced labor.
2- Agreement (87) on freedom of association.
3- Agreement (98) regarding the protection of the right to organize and negotiate.
4- Agreement (100) regarding equal pay for male and female workers.
5- Agreement (105) regarding the abolition of forced labor.
6- The Convention (111) regarding the prevention of discrimination in employment.
7- Agreement (138) regarding the minimum age for admission to employment.
8- Convention (182) regarding the prohibition of the worst forms of child labor.
The State of Kuwait ratified the aforementioned conventions, in addition to twelve other agreements ratified by the State of Kuwait, namely: (Convention No. 1 - Convention No. 30 - Convention No. 52 - Convention No. 81 - Convention No. 89 - Convention No. 106 - Convention No. 116 - Agreement No. 117 - Convention No. 119 - Convention No. 136 - Convention No. 144 - Convention No. 159).
The countries of the world issued laws that regulate working conditions and the protection that the state adds to workers' rights, which is called (the Labor Law), which is the law that regulates the relationship between employers and workers, and defines the minimum for labor rights.
And since the workers are the weak party in this relationship, the provisions of the law have been biased towards the workers, as it is not permissible to agree on anything that contradicts the provisions of work, so every agreement in contravention of what is stated in its texts is null and void, unless the agreement is on better conditions for the worker, as the lesson is With the better advantage of the worker, and the previous labor law in the Kuwaiti private sector No. (38 of 1964) was issued to lay down a large number of rules that were put in place to protect the rights of workers, and which would not have been agreed upon unless the agreement was a better advantage for the worker. :
1- It is not permissible to employ a worker for more than eight hours per day or forty-eight hours per week, and it is not permissible to employ him for more than five consecutive hours without a period of rest that is not less than an hour that is not counted within five hours of work.
2- The worker shall be granted a full day of weekly rest, and if the work conditions necessitate his employment on the weekly rest day, he shall be given a wage for that day equal to his regular wage that he is entitled to plus at least 50%.
3- The law establishes official holidays for the worker with full pay amounting to eight days per year.
4- The worker is entitled to sick leaves during the year.
5- Pregnant women have the right to maternity leave.
6- The worker is entitled to annual leave.
7- The worker is entitled to a notice period in the event of a work contract.
8- The worker is entitled to end of service gratuity.
9- The employer's commitment to provide the worker with preventive and safety means to protect him.
10- Providing adequate housing, drinking water and means of communication for workers working in remote areas.
11- Prohibiting the employment of women at night, except in special cases, exceptions specified by the decision of the Minister of Social Affairs and Labor.
12- The right of workers to form trade unions to defend their rights.
13- Exempting workers from paying fees for the lawsuits they file to claim their labor rights.
14- The law abolishes every condition in the employment contract that contradicts the provisions contained in the labor law unless it is better for the worker.
From the foregoing, it becomes clear to us that the labor law in Kuwait has set minimum limits for workers' rights that may not be diminished, with the possibility of giving the worker more rights than what is stipulated in the law, and that court rulings have established that doubt is always interpreted in the interest of the worker as the weak element in the relationship The list between him and the business owner.
It should be noted here that the aforementioned law applies to expatriate and national workers, and all expatriate workers benefit from what we have mentioned from those benefits and provisions.
We would also like to point out that the new labor law in the private sector 6 of 2010 has added many rights and privileges that are consistent with what the State of Kuwait has ratified of international agreements, those rights and privileges that are a great victory for national and expatriate workers alike, which we will deal with in detail. Soon, God willing.
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