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Lawyer Al-Enezi sheds light on some rights of employees ‘Enforce Article 9 of Law 6/2010’

KUWAIT CITY, Dec 25: Kuwaiti law is dedicated to organizing the employment contract by instituting several guarantees to protect employee’s rights, given that the employee is the weakest element in the employment sector, reports Al- Kuwaitiya daily quoting Lawyer Jarrah Al-Enezi. In an interview, Lawyer Al-Enezi said the law has clearly stated employees’ rights and prerogatives, and rendered them ‘legally deserved rights’. He indicated Article 89 of Labor Law stipulates that the employee has right to receive compensation as a result of workrelated injuries or illness, and that the employee has right to receive salary throughout the period of treatment. In short, the law defines labor law as a collection of rules that organizes the relationship between the employer and the employee. In broader term, labor law is a collection of rules that organizes the work relationship in a community, he explained.

He noted the Kuwaiti labor law aims at organizing employment relationships between the parties involved in a contract, and to protect rights and obligations, and to regulate the employment relations in a way that corresponds with the constitution, Kuwaiti laws, and Kuwaiti social customs and traditions. Lawyer Al-Enezi pointed to the most dangerous clause in an employment contract, which is ‘’the employer has the right to terminate the employment contract at any time’’, and said it’s usually used by some employers

According to what the Court of Cassation has settled on, if the above mentioned clause is found in any contract, the court transforms the document to make it an open contract, meaning it has no expiry date. Therefore, the employee has no obligation to the remaining period of service stated in the contract if employment is terminated in an arbitrary manner, or if the employee can not seek compensation for the remaining period of time, as per contract. “This hurts the interest of the employee, so I consider it the most dangerous clause to be found in employment contract”, Al-Enezi noted. He also pointed to the fundamental clauses that need to be included in any given employment contract, such that the contract should be written and parties in the contract should be clearly mentioned.

Also, the salary should be stated, and the contract should have a specific time with all prerogatives such as bonuses, housing allowance etc, indicating it should be stated in writing, once both parties have agreed on it. As regards the basic rights of an employee, the law generalizes them. These rights include working hours, paid leave and ticket allowance. The prerogatives also include rights of the employee, even if they are not mentioned in the contract, and details of the working hours, weekends and annual holidays, as per Article 64 -79 of labor law, which has been incorporated by Law Number 6/2010. Al-Enezi pointed to the rights which employees are unaware of, such as work related injuries and illnesses, the right to receive compensation for injuries sustained as a result of work or during work or even going or coming back from the work place.

“In my opinion’’, the Labor Law 6/2010 is nearly perfect, so we call upon the government, as nationals of this country, to enforce Article 9 of Labor Law that stipulates establishing an independent authority to deal with the residency affairs of foreigners, as a preliminary move to abolish the sponsorship system that is considered as slavery’’, Al-Enezi stressed. He regarded the sponsorship system as the source of criticism by international human rights organizations that taint the image of Kuwait. He described the sponsorship system as unconstitutional, based on the fact that Islamic law is among the significant sources of the country’s law, while Islam was first to implement steps to eradicate slavery. This prompts us to clear ourselves and our country of suspicion, which can only be done by enforcing Article 9 of Law 6/2010. He reiterated Kuwaiti law does not obligate the certification of employment contract, thus the law accepts any kind of evidence proving the relationship between employee and his employer.

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