Wages according to the labor law in the Kuwaiti private sector

The wage in the labor law in the private sector means what the worker receives in return for his work and because of it, in addition to all the elements stipulated in the work contract or the employer’s regulations. Cash rewards, allowances, grants, gifts, or cash benefits.

If the worker’s wage is set at the amount of a share of the net profits, and the facility did not make a profit, or made a profit so small that the worker’s share is not commensurate with the work he performed, his wage must be estimated on the basis of a similar wage or according to the custom of the profession or the requirements of justice.

Wage due date

The Kuwaiti private sector labor law clarifies that wages are paid on one of the working days in the currency of circulation, taking into account the following:

A- Workers appointed for a monthly wage are paid their wages at least once every month.

b- Other workers shall have their wages paid at least once every two weeks.

It is not permissible to delay the payment of wages beyond the seventh day of the due date.

Wage Payment methods

The employer who employs his workers in accordance with the provisions of the Labor Law in the Private Sector No. 6 of 2010 must pay the workers’ dues in their accounts with local financial institutions, and send a copy of the statements sent to those institutions in this regard to the Ministry of Social Affairs and Labor.

Transferring the monthly wage worker to another category

An employer may not transfer a worker with the monthly wage to another category without his written consent to do so without prejudice to the rights acquired by the worker during the period of his work with the monthly wage.

Amount of deduction from wages

It is not permissible to deduct more than (10%) of the worker’s wage in payment of debts or loans owed to the employer, and the latter does not receive any interest on it. Also, the wage due to the worker may not be withheld, or deducted, or deducted from him except within the limits of (25%) of the wage. For a debt of alimony or for food, clothing or other debts, including the debt of the employer, and in case of contention, the debt of alimony is given precedence over other debts.

Entitlement to wages during the period of intentional closure of the facility

The employer is obligated to pay the wages of his workers during the closing period if he deliberately closes the facility to compel the workers to submit to his demands. He is also obligated to pay the wages of his workers throughout the period of complete or partial suspension of the facility for any other reason not involving the workers, as long as the employer desires to continue their work with him.

Employee entitlements account

In calculating the worker’s entitlements, the last wage he received shall be taken into account. If the worker is one who receives his wages by piece, his wage shall be determined by the average of what he has received during the actual working days in the last three months. The assessment of cash and in-kind benefits is done by dividing the average of what the worker has received from them during the last twelve months by the entitlement.

Determine the minimum wage

The Kuwaiti private sector labor law required the Minister of Labor and Social Affairs to issue a decision every five years as a maximum, specifying the minimum wage according to the nature of professions and industries, using the inflation rates witnessed in the country, after consulting with the Advisory Committee on Labor Affairs and the competent organizations.

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