KUWAIT CITY, May 9: The Parliamentary Health, Social Affairs and Labor Committee discussed Monday the proposed amendments to Private Sector Law No. 6/2010; in the presence of representatives from the Ministry of Social Affairs and Labor, Kuwait Chamber of Commerce and Industry (KCCI), Union of Workers in the Private Sector and Union of Kuwaiti Workers.

Committee Rapporteur MP Sadoun Hammad Al-Otaibi disclosed that they agreed to amend four articles of the law, affirming the panel will vote on the amendments in its next meeting. He said the proposed amendments include for replacing Articles 57, 138, 140 and 142 with the following texts:

PayrollArticle 57 states that the employer who hires at least five workers, in accordance with the provisions of this law, will pay the dues of his employees into their accounts in local financial institutions while the Public Authority for Manpower has the right to request for a copy of the payroll statements submitted the financial institutions.

The same article mandates the Council of Ministers to set rules on treating such accounts in terms of expenses, commissions and regulatory measures.

It also allows the Council of Ministers to exempt certain activities from the transfer of foreign workers to local financial institutions.

Article 138 states that without prejudice to any harsher penalty stipulated in other laws, those proven to have violated the law shall be punished by imprisonment for a term not exceeding three years or fine of not less than KD 2,000 and not more than KD 10,000 for each worker, or both penalties.

If an employer violates the second paragraph of Article 10 and if the employee works for another employer in violation of the same article, they shall be punished as per the stipulations of the preceding paragraph and without prejudice to the administrative decision on deporting the erring worker.

Article 10 of the law states that the employer shall be prohibited from employing foreign manpower unless the competent authority has granted them a permit to work for him.

The Minister shall issue a resolution setting forth the procedures, documents and fees that shall be paid by the employer.

In the event of refusal, such refusal shall be justified by stating the reason thereof, and the reason for such refusal shall not be related to the amount of the capital, otherwise the decision shall be absolutely null and void.

EmploymentThe same article states that employers shall not bring workers from outside the country or hire workers from inside the country then fail to provide them with employment at his own entity, or subsequently be found not to have actual need for them.

The employer shall bear the expenses of the worker’s return to his country. In the event where the worker stops working for his employer and joins the service of another employer, the latter shall bear the cost of the worker’s return to his country after the original sponsor has reported that the worker has been absent from work.

Article 140 stipulates that without prejudice to a harsher penalty stated in any other law, a fine of not less than KD 500 and not more than KD 1,000 will be imposed on any of the competent officials designated by the minister in case they fail to perform their duties set out in Articles 133 and 134 of this Law, and the fine shall be doubled in case the violation is repeated.

Article 133 states the competent employees designated through a resolution from the Minister shall have the capacity of judicial officers to supervise the implementation of this Law, by-laws and regulations. These employees shall perform their task with loyalty, integrity and neutrality.

They shall not divulge the secrets of the employers that they become acquainted to due to the nature of their work. Each employee shall before the minister make the following oath: “I solemnly swear to perform my duties with loyalty, neutrality and integrity and to keep the confidentiality of the information I become acquainted with in the course of my work and until the end of my service.”

Article 134 states that the employees referred to in the preceding article shall have access to the establishments during the official working hours in order to inspect their records and register and request data and information related to workers.

They shall have the right to test and take any samples of the materials for conducting an analysis thereof. These employees shall have the right to access areas allocated by the employer for labor services, and shall have the authority to use public security force in carrying out their duties.

They shall also write violation tickets to employers and give sufficient time to remedy their violations. They may also submit violation tickets to the competent court in order to impose the penalty provided for by this Law.

Article 142 stipulates that it is punishable by imprisonment of not less than one month but not exceeding six months and fine of not less than KD 500 and not more than KD 2,000 or either of these two penalties if anyone violates order of suspension or closure issued in accordance with Article 135, without rectifying the irregularities cited by the concerned inspector.

Article 135 states that in the event where employers violate the provisions of Articles 83, 84 and 86 of this Law and the resolutions passed in execution hereof in a manner that may threaten the environment, public health or the health and safety of workers, the employees entrusted with the inspection may write violation tickets and submit them to the competent Minister who shall cooperate with the competent authority in order to issue a resolution to entirely or partially close the work place, or suspend the use of a specific machine or machines until the violation shall have been remedied.

Other proposed amendments include adding text to Article 146 as follows: If the court finds the employer to be stubborn in paying the financial privileges of the workers, the employer will be obligated to pay compensation equal to one percent of the total value of benefits for the month that the payment is delayed, as of the date of submission of the application referred to in the first paragraph and the sum awarded is based on Article 145 without prejudice to the worker’s right to claim any other compensation before the court.

Article 145 states that as an exception from Article (1074) of the Civil Law, the rights of the workers granted by the provisions of this Law shall have a lien over the employer’s movable and immovable properties except his private residence. Such amounts shall be settled after deduction of the judicial fees, amounts due to the treasury as well as preservation and repair expenses.

Furthermore, the Education, Culture and Guidance Affairs Committee discussed Monday the proposal to amend Law No. 28/2011 on granting allowances and bonuses to teachers in the ministries of Education, Awqaf and Islamic Affairs. Committee Rapporteur MP Hamoud Al-Hamdan disclosed the amended version of the law includes a new paragraph in Article Five, exempting teachers with disabilities and those who take care of persons with disabilities as per law number 8/2010 on the rights of the handicapped from the required end of service period.

He added the committee discussed the draft law on regulating universities, community colleges and government institutes with deans of Kuwait University.

By Abubakar A. Ibrahim Arab Times Staff