By Fajer Ahmed

I’m grateful for the opportunity to clarify the laws and regulations for the Kuwaiti society, providing both expats and Kuwaiti citizens with a better understanding of their rights and obligations in various daily scenarios they might encounter.

Today I will be answering some questions regarding working hours and working days under the Kuwait labor law. The answers are only applicable for the private sector, although some other sectors do have similar laws and regulations.

Question: I am currently working 12 hours a day, for 6 days a week without a break, sometimes even 7 days a week if there is an emergency. Is this legal? Am I entitled to overtime pay?

Fajer: Yes you are entitled to overtime pay, as the maximum working hours under the labor law are 48 hours of work per week, and 8 hours per day. This is implemented for both physical and mental work. Therefore, the maximum working days are 6 days per week. The employer must provide one hour break for every 5 hours of consecutive work a day.  Twenty-four hours of break must be provided once a week, and they must be continuous.

Overtime is also calculated for any additional hours to the 48 hours mentioned by law. There is also a limit to how many hours you work overtime — it is two hours per day, with a maximum of 180 hours a year, and three days a week or 90 days a year. The calculation for overtime is 1.25 times your salary for overtime worked on regular days, 1.5 times your salary for hours worked on your day off, and 2 times the basic hourly rate for all hours worked on public holidays.

Q: I am working 26 days a week, and my boss when calculating my salary, divides it into 30 days. Is this the correct way to do it?

Fajer: No. If you are working 26 days a week, then your monthly salary should be divided by 26 days and not 30 days.

Q: Our company policy states that I am only entitled to 30 days off per year, and I can only go on holiday after working for 9 months. Is this correct?

Fajer: It is only correct that you are entitled to a minimum of 30 days off a year, but an employee is eligible after 6 months of working and not 9 months, as per the Kuwait labor law amendments.

If you have any legal related questions, please forward them to [email protected]

NOTE: Fajer Ahmed graduated from Kuwait University with a bachelor’s in law in 2013 and established her own law firm. Ahmed is a lawyer, published writer and owner of Kuwait’s only used bookstore/cafe.