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Tuesday , September 17 2019

Domestic worker weakest party in contract

PAM meets representatives of local home employment offices

KUWAIT CITY, July 14: The Department of Organizing Home Employment of the Public Authority of Manpower (PAM) met yesterday representatives of 103 local home employment offices to discuss the mechanism and procedures for investigating complaints submitted to the department, reports Al-Jaridah daily The labor offices demanded that they be notified to attend of the investigation under official summonses of same period just like in other cases.

The investigation should include confirmation of the worker’s legal rights. According to the minutes of the meeting, a copy of which has been received by the daily, the representatives of the offices spoke of the need to conduct a fair investigation according to the legal rules, including the need to provide an interpreter for those who do not know Arabic so that person can understand the questions asked. This is in addition to not coercing the concerned employee either through threats or any kind of encouragement.

The minutes of the meeting also stress on the need to notify the recruitment office of the day so that a representative can be present during the investigation to ensure the safety of the worker, and make sure the worker is not subjected to pressure. The offices also stressed that the investigation should include confirmation of the worker’s legal rights, including the receipt of his monthly wages and the weekly rest day and receive treatment in case of illness, and provision of food and shelter.

The offices confirmed that the domestic worker is the weakest party in the contract, so legal support must be provided to him/ her to prove his rights, and the accuracy of the investigations should be taken into consideration due to the consequences of such complaints. In the event the employer commits a violation, recruitment shall be suspended for 6 months. In case of repetition, the period shall be doubled in accordance with Article 30 of Law No. 68 of 2015 The representatives of the offices suggested that if the employer comes to the Household Labor Department with his employee to file a complaint, he should be directed to the recruitment office to investigate the dispute and try to settle it amicably between the parties.

Representatives of the offices added that “in the event of a non settlement during an investigation, , the violating party must fulfill his/her obligations. They pointed out that, in all cases, the office would be provided with a copy of the amicable settlement by the administration, if any, and in the absence of a settlement, it would be provided with a form of investigation and memorandum of opinion.

The representatives of the offices stated that if the worker was taken to the administration, the sponsor must hand over official documents and papers, especially the passport and the civil card. If the settlement is completed, a certificate must be issued to the domestic worker stating that he has obtained all his rights.

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