Tuesday , October 17 2017

Kuwait Labor Law applicable as mentioned in Kuwait contract

Everyday I read your Legal Clinic … thanks for providing such great legal advice. I was hired in India by ABC company for their Indian division (in August 2013).

Then the ABC company got a project from a government company here in Kuwait of 4 years duration. I was asked to join the project as a resident support engineer in (January 2014). We have a local agent XYZ who gets the work permit and residency for all the resident support engineers here in Kuwait. I came here on business visa and converted to the work visa. We renew our work visa every year.

I had a Indian agreement for the Indian job with all the terms and conditions. For the Kuwait job I signed a contract with our local agent XYZ which says “For whatever not mentioned in the contract we will follow the Kuwait Labor Law”.

Now my questions are, if I am terminated by the ABC company:

1. Will my original Indian contract’s terms and conditions hold any legal value in Kuwait.

2. Or in Kuwait only the Kuwait Labor Law is applicable as mentioned in my Kuwait contract.

Name withheld
Answer: You are in Kuwait and working for a Kuwait company, so only the agreement submitted with your work permit, to get your residence, holds weight. The agreement you signed in India means nothing.

Only the Kuwait Labor Law will be applicable because you are only indirectly working for the Indian firm, that is why you signed a contract with XYZ. This contract must have been in Arabic. Even if you were given a copy translated into English, only the Arabic one is accepted by the authorities in case of any dispute

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