The working hours for which the worker is entitled to an additional wage are those hours in excess of the normal hours assigned to him in his original work, provided that it is proven that he has performed the work entrusted to him during it, and thus the legislator has determined the basis for the worker’s entitlement to the additional wage for the additional working hours with the effect that the worker is not entitled to This additional wage if he does not perform work after the end of his original working hours.
The rules governing the worker’s entitlement to overtime wages for overtime work based on Article 66 of the Labor Law in the Private Sector, and Articles Seven and Ten of the Labor Law in the Oil Business Sector:
Overtime period
According to the labor law in the private sector, the worker may be employed for an additional period to prevent the occurrence of a dangerous accident, to repair what resulted from it, to avoid an actual loss, or to cope with work that exceeds the daily amount. The working hours may not exceed two hours per day and a maximum of one hundred and eighty hours annually. Also, periods of overtime may not exceed three days a week and ninety days a year.
Also, according to the labor law in the oil business sector, working hours, including overtime, may not exceed 48 hours in one week, except to the extent necessary to prevent a dangerous accident, repair what resulted from it, avoid real loss, or face additional work of an unusual nature. Provided that overtime work in these cases does not exceed two hours per day.
Amount of overtime pay for overtime work
According to the Labor Law in the Oil Business Sector, the worker is entitled to a wage for each additional hour of work he performs equivalent to the regular wage he is entitled to per hour plus 25% if the overtime work is during the day, and 50% if the overtime work is at night, and the wages for overtime work are paid on the dates of payment wages usually.
The Labor Law in the private sector granted the worker the right to prove that the employer assigned him to work overtime for an additional period by all means of proof, or the worker has the right to receive a wage for the period of overtime that exceeds his normal wage in the similar period by 25%.
The rulings of the Kuwaiti judiciary have established that the worker’s entitlement to the additional wage for the additional working hours is a condition for it to be proven that he has performed the work entrusted to him during it, and this is what it decided in Judgment No. 104 of 2003 dated 4/12/2004 for the workers.
Judgment of the Kuwaiti Court of Cassation No. 104 of 2003 dated 4/12/2004, the Labor Department.
Principle
The text in Article 7 of Law 28 of 1969 regarding work in the oil business sector that the worker shall be entitled – for each additional hour of work he performs – to a wage equivalent to the normal hourly wage he is entitled to plus 25% of it if the overtime work is during the day and 50% of it If it’s overtime at night… Etc., indicates that the working hours for which the worker is entitled to an additional wage – as stated in the text – are those hours in excess of the normal hours assigned to him in his original work, provided that it is proven that he performed the work entrusted to him during it.
Thus, the legislator has specified the criterion for the worker’s entitlement to the additional wage, with the effect that – pursuant to the concept of violating the text – that he does not deserve this wage if he does not perform a job after completing his shift in his original work, and this does not undermine what the appellant said in the face of the obituary, that he He is entitled to the additional wage for the hours of his rest in which he did not perform work, as long as he put himself at the disposal of the respondent, upon her request during those hours, since his claim for wages for them as additional working hours lacks a basis of law, after the legislator stipulated, In the aforementioned text, to be entitled to the wages for the overtime hours, the worker must have performed the work assigned to him, and this rule applies even though the work system is what obliges the worker to stay in his rest period in the workers’ accommodation near the work site after completing his shift in his original work.
This is because what is learned from the text of Article 10 of the Labor Law in the Oil Business Sector – the aforementioned – is that the legislator considered that these works are of a special nature, so he permitted to increase working hours for more than 48 hours per week, to the extent necessary to prevent a dangerous accident or repair what resulted from it. Or to avoid a real loss, or to face additional work of an unusual nature. This is what necessitates that the worker remain in his rest period after the shift near the work site so that it is easy to call him when necessary, without being entitled during this period to an additional wage for other than the hours during which he performs work.
Sentence pronounced
As this was, and the fact established in the papers, which the appellant does not contend with, that he did not perform work during the twelve hours following his shift for which he is claiming additional wages, and the contested ruling had established his court by rejecting the appellant’s claim based on his failure to perform work during these Hours, the judgment will have applied the law correctly, and the reasons for the appeal will be unfounded.
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