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عـــربـي |
Labor in the private
sector law |
E-Gate of Kuwait
بوابة الكويت الإلكترونية |
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1 |
Chapter I |
Scope of
Implementation |
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1Article
1
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- In applying the provisions of the present law, the following terms
shall denote the meanings indicated next to each of them:
Worker: any male or female performing manual or mental work in
return for a wage under management or supervision of the Employer.
Employer: any natural or juridical person who practices a profession
or engages in business and employs workers in return for a wage.
2Article
2
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- The provisions of the present law shall not apply to domestic
service workers and/or workers governed by other laws, as provided
in the said laws.
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2 |
Chapter
II |
Migration
and Work Permits |
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Article
1Article
3
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- The Employer shall be prohibited from employing non-Kuwaiti
workers or workers from countries other than Arab Gulf Cooperation
Council Member States unless otherwise obtaining a work license from
the Ministry of Social Affairs and Labor to that effect.
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- The Employer may not recruit workers from outside Kuwait and
thereafter decline to allow such workers to undertake work or prove
the lack of real need to such workers.
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- Annulled.
2Article
4
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- The Work Permit may be issued under the following conditions:
1- Worker has legally entered the Country;
2- Worker holds a valid passport;
3- Worker has obtained a residency permit;
4- Worker shows good conduct.
The Work Permit is issued in return for a fee to be defined by the
Ministry of Social Affairs and Labor.
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3Article
5
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- The Work Permit shall be valid for a period of two years to be
renewed once every year. The Work Permit term shall not, in any case
whatever, exceed the term of the validity of the residency permit
granted to the Worker.
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4Article
6
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- The Ministry of Social Affairs and Labor shall have the right to
cancel the Work Permit in one or more of the following cases:
1- One Provision or more of Article 4 ceased to apply to the Work
Permit holder.
2- The Ministry sees to it that the continuation of the employment
of the Worker in Kuwait poses competition to national workers in the
labor market, without prejudice to the worker rights set forth in
Article 54.
3- The Worker ceased to attend for work for at least a period of
three months.
5Article
7
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- The Ministry of Social Affairs and Labor shall issue the decrees
regulating issuance of Work Permits and Cards.
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3 |
Chapter
III |
Employment |
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1Article
8
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- Unemployed workers may register their names at the Ministry of
Social Affairs and Labor or at any branch thereof within whose
jurisdiction lie their areas of residence.
The Ministry will endeavor to appoint such workers in vacancies that
suit their age and technical qualifications.
2Article
11
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- The Ministry of Social Affairs and Labor may authorize and license
work of employment agencies whose function is to facilitate the
recruitment of expatriate workers by employers from within or
outside the country in accordance with the professions and
specializations such agencies are authorized to employ.
No owner of such agencies may receive any amounts of money from
workers in return for employing them or for retaining and keeping
them whether directly or indirectly.
The Minister of Social Affairs and Labor shall by decree define the
conditions and procedures necessary for granting such license,
validity term, procedures for obtaining such and conditions for
cancellation thereof, and shall regulate the work of such agencies
and the books and records which such agencies will be bound to keep.
3Article
9
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- No unemployed Worker may be employed at any permanent work unless
such Worker is registered at the Ministry of Social Affairs and
Labor.
4Article
10
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- The priority in employment shall be given as follows:
1- Kuwaiti Worker;
2- Arab Worker who holds a valid Work Permit and/or is registered;
3- Foreign Worker who holds a valid Work Permit and/or is
registered.
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4 |
Chapter
IV |
Contract |
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Article
1Article
12
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- The Worker shall be employed by virtue of a Contract, verbal or in
writing, comprising in particular the start date of appointment,
wage agreed upon, term of the contract, if it is a fixed-term
contract, and the nature of work. In case the Contract is concluded
in a verbal form, the Employer and/or the Worker may by whatever
means admissible prove the rights thereof.
2Article
15
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- If an Employer entrusts another employer with carrying out one of
the works or part thereof, provided that the work(s) is in the same
work area practiced by the two employers respectively, the workers
of the first Employer shall be entitled to the same rights and
privileges as those conferred upon the workers of the second
employer. The original Employer shall be jointly liable with the
second employer within the limits of the amounts payable to the
second employer.
3Article
16
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- The period of probation shall be defined in the labor Contract.
The Worker shall not be appointed under probation for a period
exceeding one hundred (100) days. The Employer is entitled to
terminate the employment contract without notice during the
probationary period, without prejudice to the Worker payments, in
accordance with the provisions prescribed in Article 54. No Worker
shall be appointed under probation for more than once with the same
Employer.
4Article
13
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- The Contract may be a fixed-term Contract or an indefinite
Contract. Should the Contract be a fixed-term contract, the term
shall not exceed five (5) years. The Contract may however be renewed
upon termination thereof.
5Article
14
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- All Contracts, correspondences, circulars, bulletins, and
regulations made by the Employer shall be drawn up in Arabic. The
Contract may be translated into any other language, provided that
the Arabic version shall be held legally binding and shall prevail
in the event of any dispute.
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5 |
Chapter V |
Employment
of Juveniles |
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1Article
20
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- The Ministry of Social Affairs and Labor may authorize work by
juveniles if the objective is to provide apprenticeship training in
any of the industries and professions prescribed in Clause C,
Article 19 of the present law, under the following conditions:
1- Juvenile is not less than fourteen years of age;
2- Juvenile has demonstrated fitness for employment in such
industry;
3- Ensuring that all regulations and conditions on which a decree
may be issued concerning apprenticeship are applied.
2Article
17
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- In applying the provisions of the present law, a juvenile shall
mean any person reaching the fourteen years of age, and not reaching
the eighteen years of age.
3Article
18
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- Employment of female and/or male person not reaching the age of
fourteen years of age shall be prohibited.
4Article
19
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- Juveniles over the age of fourteen years to eighteen years may be
employed under the following conditions:
A- Obtaining a license to that effect from the Ministry of Social
Affairs and Labor;
B- Conducting medical examination for juveniles before they are made
to work and thenceforth periodically;
C- Employment of Juveniles is in professions other than hazardous
and health-endangering professions on which the Ministry of Social
Affairs and Labor issues a decree defining such.
5Article
21
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No Juvenile shall be made to work at night, that is to say, during
the period from sunset up to sunrise.
6Article
22
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Juveniles shall not be employed for more than six hours a day. Such
period shall be specified in a way by which juveniles shall not be
made to stay at work more than four continuous hours which shall be
followed by break period not less than one hour.
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6 |
Chapter
VI |
Employment
of Woman Workers |
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1Article
23
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Employment of women at night shall be prohibited. Female workers
employed in local medical institutions and other institutions in
whose respect a decree by the Ministry of Social Affairs and Labor
is issued shall be excepted from applying the provisions of the
present article.
2Article
24
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No female worker shall be employed in hazardous and/or
health-endangering industries or professions on which a decree is
issued by the Ministry of Social Affairs and Labor.
3Article
25
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A pregnant woman worker shall be entitled to a maternity leave on
full pay not exceeding thirty days before delivery and maximum of
forty days after delivery. The woman worker may after the determined
maternity leave choose to absent herself from the work without pay
for a period of maximum one hundred days whether continuous or
intermittent if such absence is due to a disease established in a
medical certificate to be the result of pregnancy and/or delivery.
4Article
26
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A woman worker shall not be entitled to annual leave if she
benefited from the privileges enshrined in Article 25.
5Article
27
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Wage of woman worker shall be equal to that of a male if she
performs the same work.
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7 |
Chapter
VII |
Wages |
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1Article
30
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A Worker shall not be obliged to buy foods or goods from specific
stores or to buy goods produced by the Employer.
2Article
31
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The Employer shall not deduct more than ten (10) percent from the
worker's wage for payment of the money the Employer loaned to the
Worker nor shall the Employer charge the Worker any interest on
these loans or debts.
3Article
32
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No retention or relinquishment of the wage due to the worker shall
be made for settlement of the alimentary debt, food, clothing or
other debts except within the limits of 25% of that wage. The
alimentary debt shall be given precedence over all other debts.
Subject to Article 25, the provisions of the present Article and
Article 31 shall apply to all amounts due to the Worker.
4Article
28
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The term" wage" shall mean all that the Worker obtains of the basic
wage. In determining the wage, consideration shall be given to the
last wage paid to the worker. In case the worker is paid on a
piece-rate basis, the estimation of wage shall be conducted on the
base of the average wage paid to the worker in return for the actual
days of work in the last three months.
5Article
29
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Wages may be determined per hour, per day, per week, per month, or
per piece. Wages shall be paid in one of official work days and at
the workplace of the workers in the currency legally in circulation,
subject to the following provisions:
A- A Worker appointed on a monthly pay shall be paid the wage
thereof at least once per month;
B- a Worker paid per hour, day laborer, worker with a weekly wage,
or worker paid on the piece-rate basis shall be paid the wage
thereof at least once every two weeks;
C- The Employer shall be prohibited to transfer a monthly paid
worker to the category of day laborers or to category of workers
appointed with a weekly wage or on a piece-rate basis except with
the approval of the worker on transferring thereof.
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8 |
Chapter
VIII |
Working
Hours and Leaves |
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Article
1Article
35
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The Worker shall be entitled to a weekly period of rest not less
than one day without pay, and in case the Worker is made to work in
the weekly rest, he/she shall be entitled to a wage in return for
that day equaling the original wage per day plus 50% at least.
2Article
36
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The official public holidays paid in full to the Worker shall be as
follows:
One day for the New Year Day;
One day for The Isra and Mi'raj Day (the Prophet's Night Journey and
Ascension);
Two days for Eid al-Fitr( the Feast of Fast Breaking);
Two days for Eid al-Adha( the Greater Bairam);
One day for the Prophet's Birthday;
One day for the Coronation Day;
One day for the National Day.
Whenever a Worker is made to work in an official public holiday due
to work conditions, such Worker shall be entitled to a double wage
for that day.
3Article
37
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The Worker whose sickness is recorded in a medical certificate
issued by a physician appointed by the Employer or by the attending
physician of any government health unit shall be entitled to sick
leaves during the year. The sick leaves shall be computed as
follows:
Six days with full pay;
Then six days with three quarters of the pay;
Then six days with half of the pay;
Then six days with quarter of the pay;
Then six days without pay.
In case a dispute arises concerning determination of the period
needed for the medical treatment, the certificate of the physician
of the government health unit shall prevail over the certificate of
the Employer-appointed physician.
4Article
33
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Subject to the provisions of Article 23 of the present law, the
worker shall not be employed for more than eight hours a day, or
forty eight hours a week, except in the cases prescribed in the
present law. The worker shall not be made to stay at work more than
five continuous hours without a break period, totaling not less than
one hour. The break period shall not be counted as a working time.
Working hours may by a decree of the Minister of Social Affairs and
Labor be increased in certain cases as in hotel works, restaurants,
security works, or hospitals, and may be reduced for arduous and
health-endangering professions and industries and for severe weather
conditions.
5Article
34
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The Employer may by a written order employ the worker for extra work
time not exceeding two hours a day if the extra hours are necessary
to prevent serious accident or to repair what resulted from such, or
to avoid an assured loss, or to meet the needs of extra works of
irregular nature. In any of such cases, the Worker shall be entitled
to a wage for every extra hour equaling the original wage the worker
is paid per hour plus 25% at least, provided that such wage shall be
paid under the provisions prescribed in Article 29.
6Article
38
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The Worker spending one continuous year in the service of the
Employer shall have the right to annual leave of fourteen days with
full pay. The annual leave shall be extended to twenty one days for
the Worker spending five continuous years.
7Article
39
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The Employer shall have the right to determine the date of the
annual leave, and may with the approval of the Worker divide such
leave but only after expiry of the first half determined thereto.
The provision concerning dividing leaves shall not apply to the
leaves determined for juveniles.
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9 |
Chapter
IX |
Work
Conditions |
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Article
1Article
40
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The Employer shall provide the necessary means of vocational safety
to protect workers during the work from all injuries arising from
using work tools comprising among other things machines, gears, and
lifting and transport equipment.
The Employer shall in addition take all necessary and appropriate
measures to provide protection to the workers from the dangers of
collapse, falling objects, fragments, sharp objects, inflammables,
explosives, acids, toxics, electric current and light reflection
among other things.
2Article
44
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The Employer shall provide a first-aid kit readily accessible to the
workers in the workplace containing medicine, bandages, and
antiseptic. Every one hundred workers shall be entitled to one
first-aid kit which shall be assigned to an experienced health
nurse.
3Article
45
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The Employer shall provide transportation to workers employed in
areas inaccessible by public transportation.
4Article
46
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The Employer shall provide workers employed in areas lying away from
urbanization with the appropriate housing accommodation, potable
water, and means of supply as agreed upon by the two parties. The
Ministry of Social Affairs and Labor shall determine the areas on
which the provisions of this Article have effect.
5Article
41
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The means of protection from injuries and the necessary precautions
shall be determined and organized as may be decided by the Ministry
of Social Affairs and Labor.
6Article
42
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Subject to the decrees of the Ministry of Health and the Kuwait
Municipality concerning licenses of public stores, commercial and
industrial stores and other license, the Employer shall take all
precautions and measures as necessary to ensure complete sanitation,
ventilation, appropriate lighting, and sewage disposal in accordance
with the detailed regulations to be issued by the Ministry of Social
Affairs and Labor.
7Article
43
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The Employer shall take all the necessary precautions to protect the
workers employed thereby from occupational diseases in industries
and professions on which a statement is issued by the Ministry of
Social Affairs and Labor. The Ministry of Social Affairs and Labor
shall regulate the means of protection necessary for each industry
and profession.
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10 |
Chapter X |
work
regulations and penalits |
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1Article
47
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The Employer shall keep a permanent record of each Worker containing
at least Worker's name, profession, nationality, place of residence,
his/her social status, the date of starting the service, his/her
wage, sanctions imposed on him/her, annual and/or sick leaves
obtained thereby, the date of his/her end of service and reasons
therefore.
2Article
48
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The Employer shall provide each Worker with a copy of a work
attendance card the original of which shall be kept with the
Employer.
3Article
49
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The Employer shall put up at the workplace a schedule of working
hours including in particular the work hours per day, weekly day of
rest, and official public holidays.
4Article
50
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The Employer in case of employing ten workers or more shall post at
a prominent location within the workplace a statute for the
sanctions that may be imposed on the violating workers, subject to
the provisions prescribed in Article 51 and the regulations to be
issued by the Ministry of Social Affairs and Labor.
5Article
51
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In preparing the sanctions statute and application thereof,
consideration shall be given to the following:
1- The statute shall determine the infractions perpetrated by the
workers and degrees thereof;
2- The statute shall include an upward list of sanctions;
3- The employer shall not impose more than one sanction for the same
infraction;
4- The Worker shall not be sanctioned for an infraction occurring
outside the workplace except if such infraction is related to the
work;
5- Sanction of wage deduction shall not exceed the wage of five
days;
6- Suspension shall not exceed ten days in a month;
7- The Worker shall not be sanctioned for an infraction which is
proven to be perpetrated after fifteen days on the day it was
committed or the regular day of payment of wages.
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11 |
Chapter
XI |
Termination
of Labor Contract and End-of-Service Benefits |
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1Article
55
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The Employer may dismiss the Worker without prior notice and without
end-of-service remuneration in any of the following cases:
a- if the Worker commits a fault causing substantial loss to the
Employer;
b- if the Worker fails to comply repeatedly with the instructions
made by the Employer, except for the cases necessary for the workers
safety and safety of work on which repetition is not required,
subject to the provisions prescribed in the approved sanctions list;
c- if the Worker absent himself or herself from work for more than
seven consecutive days without reasonable cause;
d- if a final judgment is entered against the Worker for a criminal
offense or misdemeanor involving a breach of honor and trust or
morality;
e- if the Worker commits an assault upon a colleague, or upon the
Employer or upon any representative of the Employer during the work
or by reason thereof, subject to the provisions prescribed in the
approved sanctions list;
f- if the Worker commits a grave breach of or fails to honor any of
the obligations as agreed upon in the Worker's labor contract and as
prescribed in the provisions of the present law;
g- if the Worker is found to have resorted to forgery or fraud to
obtain the employment;
h- If the Worker discloses any of the work secretes.
2Article
53
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If the labor contract is for an indefinite period, each of the two
parties may terminate it on condition of notifying the other party
in writing of such termination.
The notification shall be provided as follows:
a- in the case of workers appointed on monthly wage basis, the
notification shall be delivered at least fifteen days before the
contract is terminated;
b- In the case of other workers, the notification shall be delivered
at least seven days before the contract is terminated. The party
terminating the contract may pay to the other party compensation in
return for the notification equaling the wage due to the Worker for
the period determined for the notification as prescribed in
paragraphs (a) and (b) of this article.
If the labor contract concluded with a definite period and is
terminated by one party and the contract fails to mention anything
dealing with such case, the party terminating the contract shall
compensate the other party for damages. If such termination is
initiated by the Employer and for reasons other than those
prescribed in Article 55 of the present law, the Employer shall be
obliged to compensate the Worker for any damage in accordance with
the customary practices and work nature, the period of the contract,
and in general the conditions where the damage is made certain and
the scope of such damage, provided that the amount of compensation
shall not by any means exceed the value of the remainder of the wage
due to the Worker for the remaining period of the contract. If the
termination is initiated by the Worker and for reasons other than
those prescribed in Article 57 of the present law, the Worker shall
be obliged to compensate the Employer for the loss that the Employer
incurred as a result of the termination of the contract.
3Article
57
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The Worker may quit the work before termination of the contract
period or without a notice and retain his/her full remuneration in
any of the following cases:
a- if the Employer fails to comply with the terms and conditions of
the contract and the provisions set forth in the present law;
b- if the Worker is assaulted by Employer or the representative
thereof;
c- If for any reason there is a danger threatening the safety and/or
health of the Worker in case the Worker continues to work.
4Article
59
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The labor contract shall terminate upon dissolution, liquidation,
closure, or bankruptcy of the establishment, or the merger thereof
with another establishment, or succession thereof by inheritance,
will, gift, sale, surrender, or by other acts of disposal. The
workers rights and remuneration shall become a debt payable by the
Employer's heirs or successors. The workers may continue to serve
the successors of the Employer and retain the remuneration due
thereto for the past period.
5Article
60
6Article
52
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If the labor contract concluded with a definite period expires and
its two parties continue to execute it, it shall be considered by
them as a renewal of the contract for an indefinite period under the
conditions prescribed therein.
7Article
54
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The Worker shall be entitled to end-of-service remuneration as
follows:
a- Wage of fifteen days for each year of service for the first five
years, and the wage of fifteen days for each of the following years
in the case of workers who are paid per day, per week, per piece, or
per hour;
b- Wage of twenty five days for each year of service for the first
five years and the wage of one month for each of the following
years, provided that the remuneration in total shall not exceed the
wage of one year and half, in the case of monthly paid workers.
The Worker shall be entitled to remuneration for a fraction of the
year proportionate to the period of his/her service. The Worker
shall not however be entitled to remuneration for the years of
service delivered prior to enforcement of the present law and
publication thereof in the Official Journal on the 15th of March
1959.
The provisions of the attached law shall not violate the Worker's
rights and/or privileges previously obtained as derived from
contracts or the applicable rules at an institution, quarter, or an
Employer.
8Article
56
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The Worker shall not be entitled to end-of-service remuneration, if
the Worker willingly quits the work but shall however be entitled to
half-term remuneration as prescribed in Article 54 in case the
Worker's period in service exceeded five consecutive years.
A woman Worker for reason of marriage shall at any rate have the
right to claim her complete remuneration for her period in service
in case she quits her work within six months of the date of
marriage.
9Article
58
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The labor contract shall terminate upon the happening of any of
following events:
- The death of the Worker;
- Disability of the Worker to perform work;
- If the Worker developed a disease exhausting sick leaves without
prejudice to the provisions prescribed in Article 37 and Article 64.
In the event of the termination of the contract for any of the
aforementioned reasons, the Employer shall pay the Worker or the
heirs thereof the Worker's remuneration as prescribed in Article 65.
The Employer may not use the right of termination established
thereto by virtue of Article 53 during illness or injury of the
Worker.
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12 |
Chapter
XII |
Compensation for Work Accidents and Occupational Diseases |
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1Article
66
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The Ministry of Social Affairs and Labor shall issue a statement
indicating occupational diseases and the industries and occupations
causing such diseases. New occupational diseases may be added to the
said statement.
2Article
65
3Article
68
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The liability of former employers and the recent Employer of a
Worker suffering from an occupational disease shall be determined in
the light of the medical report made by the attending physician.
Former employers shall be obliged to pay compensation, each in
proportion to the period such Worker spent in the service thereof,
provided that the industries or occupations such employers engage in
cause the disease the Worker suffers from.
4Article
61
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In case a Worker sustains an injury due to an accident arising out
of and in the course of employment, the Employer shall report the
accident to:
a- the police station within whose jurisdiction the workplace lies;
b- The Ministry of Social Affairs and Labor or a branch thereof
within whose jurisdiction the workplace lies.
The Worker may make such reporting if his/her health condition
allows doing so.
5Article
62
6Article
63
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The injured Worker shall have the right to treatment at a public
medical institution or at a private medical institution as decided
by the Employer. The attending physician may determine in the
medical report prepared thereby the period needed for the treatment,
the disability resulting from the injury, the capacity of the Worker
to continue to meet occupational demands. Where a dispute arises
concerning any of the aforementioned, the matter shall be referred
to the Ministry of Health for arbitration and the award issued
thereby shall be binding and final.
The Employer shall incur the full expenditure of the medical
treatment including medication and transportation.
7Article
64
8Article
67
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13 |
Chapter
XIII |
Laborers
and Employers Organizations |
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1Article
70
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Workers employed in the same establishment, trade, industry or of
identical or related professions, industries, or trades may form
amongst themselves unions with a view to protecting the interests of
workers and for defending the rights due thereto and to attempt to
improve the financial and social status of such workers and to
represent the workers in all maters that relate to the affairs of
any of such workers.
2Article
69
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The right to form employers' associations and workers' trade unions
shall be secured by virtue of the present law.
Subject to the provisions of this Chapter, the formed trade unions
or associations shall have legal personality.
The provisions of this Chapter shall apply to the workers employed
in the government and petroleum sectors without prejudice to the
rules laid down in the staff regulations in such sectors.
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14 |
Chapter
XIV |
Conciliation and Arbitration in Collective Labor Disputes |
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1Article
88
2Article
89
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The Ministry of Social Affairs and Labor shall issue the decrees and
regulations and rules regulating the procedures prescribed in the
preceding Article.
3Article
90
4Article
91
5Article
92
6Article
93
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The Ministry of Social Affairs and Labor shall issue decrees and
rules regulating formation of the Higher Advisory Committee and the
procedures thereof.
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15 |
Chapter
XIIV |
General
Rules |
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1Article
94
2Article
95
3Article
96
4Article
97
5Article
98
6Article
99
7Article
100
8Article
101
9Article
102
10Article
103
11Article
104
12Article
105
13Article
106
14Article
107
15Article
108
16Article
109
17Article
110
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Ministry Of Social Affairs And Labor |