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Ramadan Mubarak to all my readers, I wish them and their families a time of reflection, self-improvement, love, happiness and great food. It is a time where Muslims get together to be compassionate towards each other and others as well, kindness and generosity are encouraged. Ramadan is a religious month yet their laws in Kuwait that affect all of us. Our schedules change, even our work environments change. It all makes sense to those that are used to Ramadan, we wake up late, because we stay up late. We work fewer hours, because we spend more time with family, but for an expat, that is just moved here, Ramadan can be very confusing and maybe even hectic to them. Therefore today I am going to be answering Ramadan related questions.
Question: Is it true that only Muslims get fewer working hours for Ramadan and non-Muslims have to work more hours to compensate? What are the maximum working hours per day?
Attorney Fajer: I find this question very strange. As I mentioned above the laws impact everyone, your employer is being unjust and is not following Kuwait labor law which clearly states that "It is forbidden to allow workers to work for more than 48 hours per week or eight 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." it did not refer to Muslim workers but instead all workers alike.
Let me explain the maximum working hours. The working week is six days a week and not five, even though most offices give the 6th day off to the employee as a paid leave. Six working days means six hours per day for Ramadan as the maximum is 36 hours per week.
Eating in public
Question: I moved to Kuwait recently and was not aware that eating and drinking in public was prohibited in Kuwait. My assumption was that fasting was for Muslims only and as a non-Muslim myself I thought I would be able to eat and drink freely. I was told I could not eat at work even though it is a private area and most of us are non-Kuwaiti, do they have the right to do that?
Attorney Fajer: There is a law in Kuwait that was issued in 1968 (nearly 50 years ago), that prohibits people from eating or drinking in public, and prohibits others from assisting people from drinking or eating in public. There is an up to one month jail punishment and/or a fee of up to KD 100 for violators. And yes, your work may enforce the law, and depending on your work place, even though you might not have customers or clients but under law the space may be considered public.
Eid
Question: My boss just told me that I will be working on Eid and was not entitled to the public holiday, he also said that I will not be compensated with overtime, instead I will just get another day off. I do not think that is right, what can I do?
Attorney Fajer: Article 68 of Kuwait Labor Law states that:
"The fully-paid official holidays are as follows:
- Hegeira New Year: 1 day
- Isra' and Mi'raj day: 1 day
- Eid Al-Fitr: 3 days
- Waqfat Arafat: 1 day
- Eid Al-Adha: 3 days
- Prophet's Birthday (Al-Mawlid Al-Nabawi): 1 day
- National Day: 1 day
- Gregorian New Year: 1 day
In the event where the worker is required to work during any of the above mentioned holidays, he shall be entitled to a double remuneration and an additional day off."
I think the law is extremely clear that you should be compensated with double your daily wage, which is your monthly salary divided by 26, as well as an additional day off.
If you have any legal questions, please email [email protected]
By Attorney Fajer Ahmed
