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Cancel timing restrictions on female workers: Sanei

KUWAIT CITY, June 17: MP Yakoub Al-Sanei has presented a draft bill to amend the Private Sector Labor Law number 6/2010, such as deleting the article which does not allow women to work from 10:00 pm to 7:00 am.

The lawmaker also proposed amendments to many articles on paid leaves and compensation for employees.

His proposal stipulates cancellation of articles 22 and 97 of the law, as well as any text contradicting provisions of the bill.

Article 22 of the law prohibits the employment of women from 10:00 pm to 7:00 am, except those who work in treatment homes or other institutions specified in a decision issued by the minister. The workplace should be equipped with the necessary security systems to ensure their safety. They should also be provided with means of transportation to and from the workplace.

Article 97 states the employer should compensate the injured worker or his beneficiary, according to his years in service.

The insurance company or Public Institution for Social Security, after compensating the worker or his beneficiary, can demand reimbursement of the compensation from the employer, in accordance with the stipulation of the first paragraph of this article.

Al-Sanei also recommended changes to articles 25, 44, 46, 53 and 55; as well as paragraphs 2, 3, 68, 69, 70, 76 and 77 and 94 as follows:

Article 25: Working women must be given two hours for breastfeeding at work, in accordance with the terms and conditions specified in the ministry’s decision.

Article 44: If the period in the employment contract is unspecified, each party may end it after notifying the other and notification shall be as follows:

A. At least one month before terminating the contract for workers who are paid monthly.

B. At least two weeks before terminating the contract for other workers. If the party, who ended the contract, did not take into account the duration of the contract, he is obliged to pay to the other party allowance of notice period equal to the employee’s wages for the same period.

C. If the notice of termination is by the employer, the worker has the right to be absent from work one full day per week or eight hours during the week to look for another job with his entitlement to wages for a day or hours of absence. The worker shall determine the days of absence and hours, provided that he notifies the employer about it at least a day before.

D. The employer has right to exempt the worker from work during the notice period with calculation of continuous period of service until the end of that period, taking into account the effects; especially the worker’s entitlement to wages notification deadline

Article 46: It is permissible to terminate the worker without justification or because of his trade union activity, claim or enjoyment of his legitimate rights in accordance with the provisions of the law. In the same manner, it is not permissible to terminate the worker because of gender, origin or religion.

Article 53: The worker is entitled to half of the indemnity stipulated in

Article 51 if he terminates the contract with unfixed term by himself. If the period of service reached 10 years, he deserves two-thirds of the bonus.

Article 55, paragraph 2: If the wage of the worker is his share of the net profit and the firm did not achieve a profit or made a very small profit, the worker’s share will not match the work he has done.

Article 68: Fully-paid public holidays for the workers: A. Islamic New Year — one day B. Isra and Miraj Day — one day C. Eid Al Fitr — two days D. Eid al-Adha — two days E. Birthday of Prophet Mohammad (PBUH) — one day G. National Day, February 25 — one day If an employee is required to work on any of these days, he shall be paid bonus and he is entitled to compensatory dayoff.

Article 69: Subject to the provisions of Article 24, the worker has the right to the following sick leaves within a year: Ten days — with full pay Ten days — with three-quarters pay Ten days — with half pay Ten days — with a quarter of the pay Ten days — without pay If applying for sick leave, the employee is required to present a certificate from the physician appointed by the employer or the doctor in charge of the health unit in the government. In case of dispute regarding the leave entitlement or its duration, the certificate issued by the government doctor shall be approved. Incurable diseases are excluded from the decision of the competent minister and these diseases shall be specified.

Article 70: A worker has the right to paid annual leave for a period of 15 days to be increased to 21 days after four consecutive years with the same employer, and then increased to 30 days after another three years. The worker is entitled to paid annual leave for the first year, only after at least nine months in service. Calculation of the annual leave excludes public holidays and sick leaves within the yearly holiday and the worker is entitled to leave for the fractions of the year at rate of what he spent in the work even if it is the first year of service.

Article 76: A worker who spent three consecutive years in service is entitled to 15 days paid leave to perform Hajj, provided he has not done so earlier. Article 77, paragraphs 2 and 3: In case of the husband’s death, a Muslim female worker is entitled to 21 days mourning leave, starting from the day the husband died and four months leave without pay from the last day of the mourning leave, provided it is approved by the employer. In case she does not demand for this holiday or if disapproved by the employer, the latter is obliged to organize her official working hours during that period between eight in the morning and five in the evening. A non-Muslim female worker shall be granted seven days paid mourning leave in case of her husband’s death.

Article 94: The injured worker or his beneficiaries are entitled to compensation for work-related injury or occupational diseases according to the decision issued by the minister, after consulting the minister of health. The worker or his benefi-ciaries shall be paid compensation stipulated by the Public Institution of Social Security or the insurance company depending on the circumstances.

The draft bill also mandates the premier and ministers to implement it from the first day of the month following the date of its publication in the Official Gazette. In another development, just a day after the court issued its decision granting Agility Company KD 68 million compensation to be paid by the General Customs Department (GCD), MP Abdullah Al-Turaiji forwarded questions to Finance Minister Anas Saleh on this subject. He wants to know details of the complaint made by the company against GCD, copies of the lawsuit and contract between the two parties, employees who will shoulder the legal and administrative responsibilities for the losses incurred by GCD, amount of losses, and results of investigations.

Meanwhile, MP Khalaf Dumaithir praised Deputy Prime Minister, Minister of Interior and acting Minister of Awqaf and Islamic Affairs Sheikh Mohammed Al-Khalid for issuing a directive to immediately complete works on the police station in Doha and appoint the required staff to start operations. Dumaithir confirmed meeting the minister on Tuesday, during which they discussed the disappointment of Doha residents due to the non-operation of the police station despite completion of maintenance works a year ago.

He said the minister promised to follow up the issue and give instructions to expedite procedures for furnishing the station. On the complaint of Al-Qairawan residents about the rising number of thefts in the area, Dumaithir said the minister will intensify security presence to ensure public safety. He added the minister is keen on taking all the necessary steps to track down criminals, maintain peace and order, and protect the people.

 


By: Abubakar A. Ibrahim Arab Times Staff

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