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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Is it Wright to work more than the required extra...

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Is it Wright to work more than the required extra hours per day or months to be given back days off than to receive atlease money for the services that we are freely doing for a company?how and where can we seek justice for such an acts by the company

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Kuwaiti Labor Law, stipulates the following in regard to working hours:
Article (64)
Without prejudice to the provisions of Article (21) of this Law, it is forbidden to allow workers to work for more than 48 hours per week or 8 hours a day, except in such events as are specified in this Law. Working hours during the month of Ramadan shall be equal to 36 hours per week.
However, it shall be allowed, by a ministerial resolution, to reduce working hours in hard jobs, jobs that are harmful by nature or for severe circumstances.
Article (65)
a- Workers shall not be required to work for more than five consecutive hours a day without a break of a minimum of one hour that is not included in the working hours.
The Financial, commercial and investment sectors shall be excluded from this provision and the working hours shall be equal to eight consecutive hours.
b- After having obtained consent of the Minister, workers may be required to work without a rest break for technical and urgent reasons or in office work provided that the total daily working hours is one hour less than the number of daily working hours specified in Article (64).
Article (66)
Without prejudice to Articles (21) and (64) of this Law, the employer may, by means of a written order, have workers work overtime if the necessity arises for the purpose of preventing a dangerous accident, repairing damages arising from such accident, avoiding a loss or facing an unusual work load. The overtime work should not exceed two hours a day, a maximum of 180 hours a year, three days a week or 90 days a year. The worker shall have the right to prove by any means that the employer required him to perform additional works for an additional period of time. The worker shall also be entitled to a 25 percent increase over his original remuneration for the period of overtime.
This remuneration shall be in conformity with Article (56) of this Law. The employer shall keep a special record for overtime work showing the dates, number of hours worked and remunerations paid in consideration of the additional work assigned to the worker.
Article (67)
The worker shall be entitled to a paid weekend which is equal to 24 continuous hours after every six working days. The employer may call the worker for work during his weekend if the necessity arises. The worker shall be entitled to at least 50 percent of his remuneration, in addition to his original remuneration and to another day off instead of the one on which he worked.
The preceding paragraph does not affect the calculation of the worker’s rights including his daily remuneration and his leaves. This right is calculated by dividing his remuneration by the actual working days without including the weekends, although these weekends are paid.
The matter is against the law and therefore the company must pay according to what was agreed upon, otherwise you have the right to file a complaint with the labor office and claim

الرد من العميل

Sorry to say that but nothing mention from the answers received from the above matches anything that my company is doing to the staff.And no letter or memo were issued to informed us that we have to do 8 or 17 hours duty per day from the start of Ramadan and all that has been received termination letter and have to work 6 or more extras hours daily or monthly.So where or how these illegal treatments can be dealt with and immediately.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

It needs to file the complaint immediately in  the office of the Manpower Authority and explain the matter in detail through electronic entry on the website of the General Authority for Manpower

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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