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All employeesin Kuwait secure the right to submit anoutrage or a complaint to their employer and to the Labour Relations Department. It is to be noted that those working in the domestic services, such as cab driver and maids, are not covered by any particular code and they have to depend on general principles of law. To obtain a labour complaint application the worker must approach to the reception desk of the Labour Relations Department. It is not necessary for the worker to be accompanied by a legal representative at this point, but may take this benefit during subsequent processes if the case has been considered. In case if a domestic service employee encounters some issues with their employers, they can take help from non-government labour organizations, their country’s embassy, as well as from the police.
Procedure to File a Labour Complaint in Kuwait
Procedure to File a Labour Complaint in Kuwait
Those working in the private sector, all labour complaint must be addressed to the labour Relations department of the Public Authority of Manpower. This department examines and review all labour-related complaints by employees. This department is solely assigned to examine and clear all individual labour disputes between workers and employers in the private sector.
Disputes related to financial entitlements(such as non-payment or underpayment of wages)Sponsorship transfer, abscondingnotification, travel bans and work relatedinjuries all go through the labour relation department. The department also conducts follow-up on collective complaints(those involving multiple workers) at the reconciliation and Arbitration committee for individual and collective cases.
After obtaining labour complaining application fill the form provided. The form will require your full name, nationality, civil ID number, work starting date, date of last day at work, legal grounds for filing the complaints profession, agreed wage in the contract, full name of employer, employer’s address and place of work, purpose of dispute, and phone number, worker must provide the following documents (photocopy and original) tohold up their claim:
1. Work permit
2. Civil ID
3. Valid and latest passport
4. Other supporting documents(as requested)
Once the complaint has been lodged at the Labour Relations Department, the department will register the complaint into the database and assign a competent legal investigator. They will figure out thedate (day and hour) of an initial hearing to consider the complaint. The attendance of both the worker and the employer will be required on the day of the initial hearing.
After that the Labour Relations Unit will contact the investigator, whose duty is to gather statements from the employer and check documentation.
Both the worker and the employer will be required to appear in person before the competent investigator at the Public Authority of Manpower(PAM) and Labour Relations Department in their registered governorate. At this stage the worker may be accompanied by a legal representative.
If any case the employer does not appear, the investigator has the authority toissue a second notification, after which the investigator should proceed with examining the complaint.
At the time of hearing, if both parties agree to settle the matter amicably, the case will be documented in a memorandum and filed with the Labour Relations Department.
If there is no settlement or agreement reached, the investigator shall prepare a legal statement of the fact. If the unsettled dispute involves a financial claim, the case shall be transferred to the judiciary.
The investigator will be responsible to review and close any complaint with in a required period(with in two weeks).He will be responsible for unjustifiable delay.
It’s the duty of the investigator to submit a legal opinion regarding the case to the Labour Relations Department which will issue the final decision either to accept the workers complaint or to reject.
It’s the right of the worker or the employer to appeal the decision within 15 days of its issuance.
Disclaimer: The information exhanged in this article is only for information- sharing purposes only. If anybody have any specific concerns regarding work or your employer, he/she may check with the ministry of Interior’s official website or consult with your respective embassy in the state.
The salary concepts are the base salary and the allowances that are included in the employee's payroll, dictating the amount to be received by the employee in each monthly payment. AUM allows each of its employees to report in the event that there are errors or inconsistencies in the process of their payments. Likewise, all the rights of the workers and the fulfillment of the contracts are respected.
Within AUM, it is expected that any salary complaint that any employee has within the institution will be expressed in a timely manner.
AUM offers a simple form where any complaint, salary request will be received by the human resources department and dealt with as soon as possible.
Among the grievances that both male and female employees are entitled to are the following:
- He was paid less than the market wage.
- He worked in unsafe conditions.
- He was not paid for overtime.
- You were not paid for all hours worked.
- You did not have a 30-minute break.
- Not paid in full.
- You were not paid for rest time.
- Money was deducted from your salary (not for taxes).
The schedules of workers within the UNIVERSITY will always be set respecting the legal maximum working day of forty-eight days per week (36 in the period of Ramadan), with the right to 30 days of annual vacation and 13 official holidays. In order to exercise the right to vacation, 9 months of previous work are required. In addition, a minimum of 1 day of rest per week is established. All following the statutes written in the legislation.
Excluded from the regulation on maximum legal working hours are workers who hold positions of direction, trust or management, and those who exercise discontinuous or intermittent activities, who must work all the hours that are necessary for the due fulfillment of their obligations without causing a surcharge for supplementary work.
According to the payments, the salaries will be established according to the laws given by the state of Kuwait, having variations depending on professional levels when it comes to faculty, however, at no time AUM will give a lower salary to which each employee of the institution is entitled.
AUM works with a union and academic sense for the integral welfare of its members, with emphasis on the achievement and maintenance of decent working conditions, within the framework of the defense of the public university.
An organization that develops activities of support, advice and representation of its members, with attachment to the exercise of individual and collective rights and duties, with a clear spirit of criticism, self-criticism and independence, contributing to the fulfillment of the political, social, scientific and cultural purposes of the institution.
AUM Values
The six values below encapsulate the bedrock on which the organization's success has been built.
· We are dedicated to making a positive difference in our community.
· We recognize that character and integrity matter.
· We are continuously innovating and improving.
· We take ownership for our work and hold ourselves accountable to results.
· We deliver through teamwork, built on mutual trust and mutual respect.
· We are passionate about our organization.
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