Rights and obligations of domestic workers in Kuwait Guide 2018 Rights and obligations of domestic workers in Kuwait Guide Prepared by: Saleh Hassan Al Hassan Legal Adviser at the Kuwaiti Center for Studies and Research Proofreading: Omar Abdul Rahman Hajj Hussein Designed and produced by: Omelet Studio for Advertising & Marketing. General supervision : Khaled Al-Hamidi Al-Ajmi Copyright © Kuwait Society for Human Rights First Edition 2018 4 Rights and obligations of domestic workers Chapter One 1 Helpful instructions to follow. 9 Chapter Two Rights and obligations of domestic workers in 2 the State of Kuwait. 15 1. Definitions 16 2. Obligations of domestic workers and third parties to 17 the contract. - Obligations of domestic workers’ recruitment offices. 17 - Obligations of the Employer. 18 - Obligations of the domestic worker. 19 3. Employment contract. 20 1. Personal information of the parties to the contract. 20 2. Place and nature of work. 20 3. Contract term. 20 4. Date of employment. 21 5. Agreed-upon wage and payment method. 21 6. Working hours. 21 7. Weekly rest. 21 8. Annual leave. 21 9. End-of-service benefit. 21 Rights and obligations of domestic workers 5 10. Personal documents. 22 11. Travel expenses. 22 12. Disputes. 22 13. Contract language and official duplicates. 22 4. Wages. 23 5. Living and working conditions. 24 6. Working hours and holidays. 26 7. End-of-service financial entitlements. 27 8. Occupational health and sasfety. 28 Chapter Three 3 Disputes 29 1. In the event of a dispute 30 2. Useful Information. 31 3. Absconding from work. 34 4. Steps to file a complaint. 36 5. Human Trafficking. 39 Supporters 42 6 Rights and obligations of domestic workers Preamble Domestic labor constitutes one of the largest segments in Kuwait with respect to the number of workers. In fact, until the end of year 2017, the number of domestic workers reached 669,000, which amounts to 27% of the total of migrant workers in Kuwait. In order to protect the workers in this sector from any violations of their rights, the State of Kuwait promulgated Law 68 of year 2015 regarding domestic labour. According to a study conducted by the Association, a considerable number of domestic workers are unaware of the existence of a law that protects their rights. Whereas the right to decent work is a fundamental human right, and because the State of Kuwait has signed and ratified 19 ILO (Internation- al Labour Organization) conventions, seven of which are among the eight fundamental conventions, and has prioritized the International Labour Standards; Therefore, we, the Kuwait Society for Human Rights, aim at safeguard- ing the rights of all workers and ensure their decent treatment while they fully perform the tasks assigned to them. Rights and obligations of domestic workers 7 This guide was formulated in five languages: “Arabic, English, Filipino, French and Urdu”, with the aim of imparting to domestic workers their rights and obligations guaranteed in “The Domestic Labour Law in Ku- wait No. 68 of year 2015”, as well as how to protect and promote their rights when working in the State of Kuwait. The guide was drawn up in accordance with the following criteria: 1 Law No. 68 of year 2015 regarding Domestic Labour in the State of Kuwait. 2 Ministerial Order No. 2194 of year 2016 regarding the Implementing Regulations of Law No. 68 of year 2015. 3 Ministerial Order No. 2302 of year 2016 on the Rules and Procedures of enforcement of the Provisions of Law No. 68 of year 2015. 4 Complaints and inquiries received over the hotline in the Kuwait Society for Human Rights. 8 Rights and obligations of domestic workers Chapter One Helpful instructions to follow Rights and obligations of domestic workers 9 Make sure to read the guide carefully in order to benefit from the information contained therein, which contribute to furthering your understanding of the aspects of your working life. Additionally, it sheds light on your rights that are guaranteed by the law, as well as your obligations stipulated by the law. Remember that you shall not bear the fees of your recruitment in the State of Kuwait, since the recruitment office or the Employer bear such fees, as they shall not be permitted to charge you any fees under no conditions.(1) You shall remind Your Employer, during the first days of your arrival to Kuwait, to take you to the medical center to undergo medical examination, and then start the necessary procedures for the issuance of your residence permit and civil identity card, in order to avoid working illegally. 10 Rights and obligations of domestic workers You shall be entitled to work by virtue of a legal residency permit which remains valid throughout the entire duration of the employment contract, pursuant to the provisions of the Amiri Decree No. 17 of year 1959 on the Aliens’ Residence Law and its Implementing Regulations.(2) Know that the State of Kuwait has a law, “Law No. 68 of year 2015 regarding Domestic Labour”, that protects you, safeguards your rights, and regulates your relationship with your Employer. Bear in mind that the Department of Domestic Labour in the Ministry of Interior is the competent authority that receives complaints and settles the disputes that may arise between you, your Employer, and the recruitment offices.(3) Rights and obligations of domestic workers 11 Remember that the rights enshrined in this booklet provide the critical minimum in the Domestic Labour law and are called legal rights. In addition to the legal rights, you will be guaranteed contractual rights (employment contract), and these contractual rights may be more satisfactory than the critical minimum. Avoid leaving work without consent as a solution to any dispute that may arise without filing a complaint, because such act relieves the Employer of legal liability after being informed of the absence of a complaint, thus leading to your deportation. Resist the temptations offered by strangers, which may lead to your abuse and exploitation in human trafficking crimes. 12 Rights and obligations of domestic workers Make sure to comply with the applicable laws and regulations in the State of Kuwait, not to mention the customs and traditions and the moral values. You must be well acquainted with the employment contract, and apprised of the terms and conditions of the employment prior to signing the contract. Remember that your passport and personal documents are to be kept in your possession(4), as well as a copy of the employment contract. Rights and obligations of domestic workers 13 14 Rights and obligations of domestic workers Chapter Two Rights and Obligations of Domestic Workers in the State of Kuwait Rights and obligations of domestic workers 15 1 Definitions Domestic Offices subject to the Employer provisions of the Domestic worker Labour Law Any male or female The person who Domestic workers assigned to manual engages the domestic recruitment offices labour within private worker to work for licensed to practice residences (and the them under a contract this occupation by the like) for the benefit drawn up by the Ministry of Interior.(7) of individuals under a Ministry of Interior.(6) written contract.(5) 16 Rights and obligations of domestic workers Obligations of domestic workers 2 and third parties to the contract A Obligations of domestic workers’ recruitment offices: Dear worker, make sure not to pay any fees to the recruitment office or any of its employees or collaborators, whether inside or outside Kuwait in return for employing you. If it is proven that such fees have been charged at any stage of the recruitment process, the office and its employees shall be penalized under the Penal code for the crimes of extortion and unlawful gains.(8) Know that • Recruitment offices shall refrain from promoting and advertising the law prohibits domestic workers in a the use of degrading manner, as recruitment well as classifying them offices as housing (9) based on faith, gender, for workers. color or cost.(10) Rights and obligations of domestic workers 17 B Obligations of the Employer: Make sure The Employer shall to receive your agreed-upon start paying your monthly wage in return for your monthly wage from work at the end of each month, the actual date of and the transfer receipt and the your employment receipt shall be deemed as a form commencement.(12) of proof of salary receipt.(11) The Employer shall provide The Employer shall provide you with food, clothing, you with adequate housing medication and medical while ensuring an adequate expenses, and housing.(13) standard of living.(15) The Employer shall refrain from assigning you any hazardous work that may affect your health or offend your human dignity. In the event that the Employer fails to do so, you have the right to submit a complaint to the Department of Domestic Labour.(14) The Employer is prohibited from keeping in their possession any of your personal documents, such as your passport or civil identity card, unless you expressly consent otherwise.(16) 18 Rights and obligations of domestic workers C Obligations of domestic workers: You must perform • Refrain from the work assigned performing paid to you as required or unpaid work to by the provisions third parties. (20) stipulated in this contract.(17) You must comply with the instructions and directions of the Employer and their family members and carry them out to the fullest extent, as you must respect the laws, customs and traditions of the country, provided that the implementation of these instructions does not jeopardize your safety or harm you. (18) Make sure to protect Do not discuss personal your Employer’s wealth matters outside the home, and property, and not as you must also respect the reveal any of their religion and beliefs of the secrets.(19) Employer’s family.