Hire compliantly inKuwait Talk to an Expert

Written Agreements

Per Kuwait's labor law, it is not mandatory to conclude employment contracts in writing. If made in writing, the agreement should be made in 3 copies: 1 for the employee, 1 for the employer, and 1 for submission to the Ministry of Social Affairs and Labor. Employment contracts must specify the date of contract signature, date of the employment start date, amount of remuneration, duration of the contract (if it is for a fixed term), and nature of work.

Oral Agreements

Kuwait's labor law states that if the employment contract is not written, it will still be deemed to exist, and the employee may establish their rights by all means of evidence.

Implied Agreements

Kuwait's labor law offers no provisions or guidance on implied employment contracts. Kuwait's labor law states that if the employment contract is not made in writing, it will still be deemed to exist, and the employee may establish their rights by all means of evidence.

Kuwait's labor law stipulates that the maximum working hours for private and public sector employees are 48 hours per week and 8 hours per day. During the month of Ramadan, the maximum working hours are 36 per week. Employees working more than this number of weekly or daily hours are eligible for overtime. Employees in the public sector are not allowed to work more than 2 overtime hours per day.

Juveniles shall work for a maximum of 6 hours per day and must not be employed for more than 4 hours straight, followed by a break of not less than 1 hour.

Hijri New Year Day – Variable; Isra and Mi’raj Day – Variable; Three days on Eid-Al-Fitr – Variable; Waqfat Irafat – Variable; Three days on Eid-Al-Adha – Variable; Prophet’s Birthday – Variable; National Day – Variable; Gregorian New Year - January 1.

Kuwait's labor law provides that employment contracts in the private sector can include probationary periods not exceeding 100 days. Both the employer and the employee can terminate the agreement during the probationary period without notice. An employee cannot be on probation more than once with the same employer. If the employer terminates the contract, they must pay the employee an appropriate end of service benefit.

Employees in government jobs can be put on probation for a maximum of 3 months.

Notice Period

Per Kuwaiti labor law, an indefinite term employment contract can be terminated by providing advance notice as follows:

• The notice period is 3 months for employees earning a monthly remuneration.
• The notice period is 1 month for all other employees.

The notice period can be waived by paying remuneration in lieu of the prescribed notice period.

If the party wishing to terminate the contract does not abide by the notice period, that party shall be obliged to pay compensation for the notice period equal to the employee's remuneration for the same period.

Severance Benefits

Per Kuwaiti labor law, employees who are dismissed for the following reasons are entitled to severance benefits:

• If the employer terminates the contract
• If the duration of the contract expires without renewal
• If the contract is terminated due to bankruptcy, death of the employee, or is terminated by the employee for valid reasons
• If a female employee terminates the contract due to marriage within a year from the date of marriage

Employees are entitled to an end-of-service benefit as follows:

• Employees paid daily, weekly, hourly, or piecework are entitled to 10 days' remuneration for each of the first 5 years of service and 15 days' remuneration each year after that. The total end-of-service benefit cannot exceed 1 year's remuneration.
• Employees paid monthly are entitled to 15 days' remuneration for each of the first 5 years of service and 1 month's salary for every year after that. The total end-of-service benefit must not exceed 1 and a half years' remuneration.

Employees are entitled to half of the above end-of-service benefits stipulated if they terminate an indefinite-term work contract and have been at the employer's service for at least 3 years but not more than 5 years. If the service period reaches 5 years but does not exceed 10 years, the employee is entitled to two-thirds of the benefit. The employee is entitled to the full benefit if the service period exceeds 10 years.

Minimum Wage

Kuwait's labor law requires all employees to receive at least the minimum wage. The Ministry of Social Affairs and Labour sets this wage at least once every 5 years. It was last set at KWD 75 (Kuwaiti dinars) per month in 2017.

Kuwaiti labor law requires employers to pay monthly-salaried employees at least once a month and no later than 7 days after the end of the month. It also requires employers to pay hourly, daily, and weekly employees every 2 weeks.

Overtime, Holiday & Vacation Pay

Kuwait's labor law stipulates that the maximum working hours for private and public sector employees are 48 hours per week and 8 hours per day. The maximum working hours are 36 per week during the month of Ramadan. Employees working more than this number of weekly or daily hours are eligible for overtime. Employees in the public sector are not allowed to work more than 2 overtime hours per day.

Overtime work cannot exceed 2 hours per day, 180 hours per year, 8 days a week, or 90 days a year. Employees are also entitled to 125% of their regular hourly remuneration for the overtime period.

If an employee is required to work during an official holiday, they are entitled to 200% of their regular hourly rate and an additional day off. Employers must pay their employees the employee's regular remuneration before they take their annual leave.

Visas

Kuwait offers the following kinds of visas:

• Family visitors visas - issued to persons visiting Kuwait to see their family based on a No Objection Certificate (NOC) issued by the Directorate General of Immigration Affairs upon request by the host.
• Medical treatment visitor visas - issued to people coming for medical treatment based on a certificate from the Ministry of Public Health.
• Business visitor visas - issued to persons who enter Kuwait to conduct any industrial activity, profession, or craft, based on a license from the competent authorities to carry on the activity, profession, or craft.
• Working entrance visas - issued to persons to enter Kuwait for employment in government or private organizations based on a permit issued by the Ministry of Social Affairs and Labor and an NOC certificate issued by the General Directorate of Immigration Affairs at the request of the employer.
• Student visas - These visas are issued to persons who enter Kuwait to study on the basis of a certificate from the governmental educational authorities confirming the student's acceptance of the study.

Work Permits

Employers are prohibited from employing expatriate employees unless authorized by the relevant authorities. Foreign nationals who wish to work in Kuwait are required to obtain a work permit. The following documents must be submitted:

• Signed application
• Salary certificate from the Labor Inspection Department
• Copy of educational qualification certificates
• Copy of the employer's civil card
• Copy of the employee's passport
• Copy of the employee's driver's license from their country of origin
• Copy of any professional license
• Proof of payment of a fee.

The permit is valid for an initial duration of 5 years and is renewable.