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Around 70 percent of Kuwait's population is not Kuwaiti and that is a number to be proud of. I repeatedly write about what a blessing the non-national community in Kuwait has on Kuwait's culture, economy, and so on, as Kuwait can be a place of opportunity for many. Unfortunately though, a significant number of expats face employment issues because of multiple reasons. One of these reasons being legal loopholes, while another being abuse of power (by Kuwaitis and non-Kuwaitis alike) and a third being lack of awareness of their rights and freedoms under Kuwait's law. Knowing that the laws in Kuwait are not accessible to non-nationals causes issues and therefore I am really grateful and proud that I get to share with you my humble knowledge of Kuwait's employment law but do hope that one day (hopefully very soon) the laws will be more accessible to the 70 percent that are not Kuwaiti; a step that is essential for Kuwait to progress.
Today, I will be writing about a very specific topic under employment law that non-Kuwaitis (and Kuwaitis) need clarification on: the probation period under Kuwait Labor Law 6 for 2010. A probation period is a period of time where both the employee and the employer can test each other out to see if they are 'fit' for each other. Everyone, Kuwaiti or non-Kuwait, regardless of the job position can go through a probation period. It is there in order for the employers and the employee to both try the work and see if it is what is best for them. After all, spending eight hours a day, 40-48 hours a week is a lot of time and you really should be spending it doing what you love.
Question: My understanding is that the first 100 working days are a probation period which means I can leave my work at any time. Yet if I can leave within the first 100 days, then how come I cannot transfer my visa in Kuwait? I have been brought in from my country for this job and I believe I deserve 100 days to try the job out as well as to see if life in Kuwait will suit my needs.
Fajer: The visa laws/bylaws in Kuwait are separate from the Kuwait Labor Law and unfortunately the visa law does not allow transfers through the probation period, which is something I think the officials should consider. I understand that the reason transfers are not allowed unless a period has passed is because so many employers lose money bringing non-Kuwaitis into Kuwait, and training them. But I also know that the law has placed a three-month notice period for contracts without a period, and for those with a period, there are consequences as well. So for now, unfortunately, you cannot transfer within your probation period if you are coming to Kuwait to work for a certain employer.
100 days
Question: Is the probation period 100 working days or 100 days in general from the day that I commence work? It seems like the probation period in Kuwait is three months and not 100 days, can my employer force me to sign on 90 days instead of 100?
Fajer: This depends on your contract. If there is no clause in your contract, then it is according to article 32 of Kuwait Labor Law, which states: "The probation period of the worker shall be specified in the work contract, provided that it shall not exceed 100 working days." So it is 100 days of actual work even though it has become common practice in Kuwait that the probation period is 90 days in general and not 100 working days. The article mentioned above stated that the probation period should not exceed 100 days therefore my opinion is that the probation could be less to the benefit of the employer and not the employee. The probation period under the 'new' labor law is 100 days and not 90 days. Some companies unfortunately have not updated there contracts.
Leaving
Question: What should I do if I would like to leave on my probation period?
Fajer: Legally speaking, you can leave at any time through your probation period without submitting any papers, but this is theoretical. I think it is best to submit an official email or letter and not get approval but get confirmation, in order to protect yourself and also be fair to your employer. This is essential especially if you are non-Kuwaiti.
If you have any legal questions, please email [email protected]
