The new Labour law number 6/2010 was an important move and milestone in the history of the Kuwait legislation, has long been awaited, to resolve many issues like the terms of working women, young workers, remuneration, sick leave, indemnity and termination issues, etc.

The transformation from the old to the new law saw on many occasions various gray areas and some matters of complexity such as what should be applied? where? when? and how?, especially in the light of the global financial crisis and its effects on the private sector which is interlinked with the markets of Europe and America and went through many a legal and illegal termination of employees.
Also the Kuwaitization factor generated some insecurity for the expatriates in some cases, where they might leave Kuwait for their home land or find jobs in another country and that raised concerns about the extent of the equality before the law, justice and protection of labour rights.

As a listed lawyer of The World Bank and a member of International Law Firms Association (ILF), I made many comparisons between the labour laws and the judicial systems in the GCC region and found that Kuwait does have a fair judicial system and expats have every right as per the settled provisions of the Constitution of Kuwait, like the right to approach the courts of Kuwait and to be treated fairly and equally with the nationals.

Yet, the typical concerns of expats on the Labour law must be resolved by more awareness to be acquired from the experts in the field  before signing of labour agreements, including negotiations before getting into any commitment and request for all the needed clarifications and translation of the relevant documents prior to signing of an agreement.

Always keep in mind “prevention is better than cure.”

Email: Labeed.Abdal@gmail.com
Blog: www.labeedabdal.blogspot.com