15/05/2025
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15/05/2025
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In Islam, the fair and timely treatment of workers is not just a moral duty—it is a divine command. The Prophet Muhammad (peace be upon him) said:
“Give the worker his wages before his sweat has dried.” (Sunan Ibn Majah, Hadith 2443)
And the Qur’an further reminds us:
“...Do not withhold from the people the things that are their due...” (Surah Hud, 11:85)
Despite this, some expatriate workers—especially those in the private and domestic sectors—face salary delays ranging from weeks to several months. This not only undermines their dignity but also places them in financial and legal jeopardy. Whether due to neglect, abuse of power, or systemic gaps, salary delays are a violation of Kuwait’s labor laws and must be addressed through the proper legal channels. This guide offers a step-by-step approach for expatriates to assert their rights, seek redress, and protect themselves from exploitation under both the law and fundamental principles of justice.
1. Know Your Legal Rights Under Kuwaiti Law
As a worker in Kuwait, whether in a professional, technical, or domestic role, you are protected by Kuwait’s Labor Law No. 6 of 2010, which mandates
- Salaries must be paid monthly and on time
- Employers must pay through official bank transfers
- Repeated salary delays of over 3 months can lead to legal penalties against the employer.
- Employees have the right to file complaints and seek compensation or termination benefits if delays persist.
Note: Domestic workers are covered under a different law (Law No. 68 of 2015), but they are still entitled to regular payment and humane treatment.
2. Collect and Preserve Evidence
Before proceeding with a complaint, you must gather and organize evidence to support your claim. This includes:
Employment Documents:
- A signed employment contract (preferably in Arabic and English)
- Work permit (Iqama) and Civil ID
- Passport copy
Payment Records:
- Bank statements showing a lack of salary deposits
- Salary slips (if issued)
- Screenshots or printouts from any salary app or internal HR system
- Any text messages, emails, or WhatsApp chats where salary is discussed
3. Raise the Issue Internally First
In many cases, a simple internal discussion can resolve the problem, especially if the delay is recent or accidental.
How to Approach:
- Speak to your direct supervisor or the HR department.
- Politely request a timeline for payment and ask for a written confirmation.
- If you are part of a larger company, ask if there are any internal grievance procedures.
4. File a Formal Complaint with the Ministry of Social Affairs and Labour (MOSAL)
If the issue is not resolved internally, file a formal complaint with the Labour Relations Department under the Public Authority for Manpower (PAM).
Where to Go:
- Visit the Labour Relations Office in your area (Hawalli, Farwaniya, Ahmadi, etc.).
- Alternatively, use the PAM Online Portal or Shoun App
Documents Required:
- Civil ID
- Work permit (Iqama)
- Employment contract
- Bank statements or salary proof
- Copy of your complaint (written in Arabic, if possible)
What Happens Next:
- The ministry will summon the employer for a hearing.
- A mediation session is held between the employer and employee.
- If mediation fails, the case is referred to the Labour Court
5. Escalate to the Labour Court if Needed
If no solution is reached through mediation, your next step is to take your case to the Labour Court.
How the Process Works:
- File a formal lawsuit against your employer
- Present your documentation and complaint file
- A judge will review the case and may order:
- Immediate payment of dues
- Compensation for damages
- Termination of contract with benefits
Legal Support:
- You may hire a private lawyer (if affordable)
- Some embassies offer free legal services or referrals
- Local NGOs like the Kuwait Society for Human Rights offer legal aid to expats
6. Report to Your Embassy
Your embassy is an important ally if you're facing serious issues such as:
- Multiple months of unpaid wages
- Physical or verbal abuse
- Confiscation of passport
- Threats from your employer
Embassy Support Can Include:
- Legal advice and support letters
- Filing official complaints on your behalf
- Assisting in repatriation or shelter (especially for domestic workers)
Always keep a copy of your embassy’s contact information and emergency hotline.
7. Contact Labor Rights Organizations and NGOs
Several civil society groups in Kuwait provide advocacy and legal support to workers.
Key Organization:
Kuwait Society for Human Rights (KSHR)
- Website: http://www.kuwaithr.org
- Services
These organizations are especially helpful if you’re unfamiliar with the Arabic language or legal system.
8. Don’t Sign Fake Receipts or Flee Without Filing a Case
Many employers ask workers to sign salary receipts for unpaid months. This is illegal and can weaken your case.
Final Reminders:
- Salary delay is a serious violation of your rights—not something you must accept.
- Kuwait’s legal system offers formal channels and protections, though enforcement can sometimes take time.
- Always act early, and never rely on verbal assurances alone.
For Legal queries, visit our Legal Clinic section or email us at [email protected]
