NDHR underlines employer, employee rights and obligations

National Diwan for Human Rights (NDHR), an independent entity working in Kuwait, released last week a list of rights and obligations that employers and employees are required to follow in order to comply with the law and international human rights percepts.

The NDHR aims to promote and protect human rights, and to disseminate and enhance respect for public and private freedoms, in accordance with the rules of the Constitution, and provisions of international agreements ratified by Kuwait.

The following information is being disseminated by the NDHR in the public interest.

Rights of workers to occupational health and safety:

• Every worker has the right to work in an environment that guarantees occupational safety and health as a basic right that the worker is entitled to. As per agreements issued in this regard, the right to occupational health and safety is both an international and regional right of a worker.
• Occupational health and safety has systems and laws that the worker must know, and the employer must provide and adhere to fully.

Obligations of employer towards foreign workers include:

• Knowing the relevant immigration laws in Kuwait that govern the hiring of foreign workers.
• Ensuring that the worker has a valid, legal contract and that they fully understand its content.
• Opening a personal bank account for each worker so as to transfer their salary monthly. This protects both the rights of an employer and the rights of the worker.
• Keeping a copy of salary receipts that show that the workers have received their salary and any transfer receipts from Kuwait.
• Giving the worker at least one day off a week.
• Paying the worker his salary as agreed, on time, and without any delay.
• Not forcing a worker to work for a job they refuse. Kuwaiti law criminalizes forced labor.
• Not keeping the worker’s passport; it is criminalized by Kuwaiti law. The worker has the right to keep his identity papers and passport with him.
• Not restricting the worker’s freedom of movement, and they must not be mistreated in any kind of way.

Rights and Duties of foreign worker:

As a foreign worker you have the right to:

• Refuse to sign a contract in a language you do not understand.
• Get a copy of your employment contract.
• Know the nature of the authorities and procedures to complete your official residence in the country.
• Receive full salary according to the contract, or in the case of an unjust salary deduction.
• Not be asked to pay a part of your income to your employer in order to allow you to work for a third party.
• Keep your passport and all your documents with you at all times.
• Receive the entire amount of salary mentioned in your work contract at the end of each month.
• Have a daily and weekly break from work.
• Read the labor law applicable to you in order to understand your rights and obligations.

As a foreign worker it is also your duty to:

• Do your job according to what is stated in the employment contract.
• To preserve the employer’s funds and belongings.

For Complaints and Grievances:

For more information or to report any violation of trafficking in person, please contact: Email: Complaint@NDHR.ORG.KW