MONDAY, JULY 10, 2017

LOCAL

Labor law 85 of 2017

Legalese
amends law 6 of 2016
By Attorney Fajer Ahmed
Ahli United Bank announces
opening of new branch in Jahra
KUWAIT: Ahli United Bank (AUB) recently celebrated
the official launch of its new branch in Al-Jahra. The
bank has relocated its long-established branch in the

Y
esterday, new amendments to one of
Kuwait’s major laws were promulgated in
the official gazette. Article 51 and 70 of
Kuwait labor law 6 of 2016 were amended to pro-
vide clearer employment benefits to Kuwaitis and
non-Kuwaitis alike. Therefore, many of my readers
have requested consultations regarding the top-
ic, so I decided to write about the law explaining
the changes and the ways it can be implemented.
This is a great step forward, especially for non-
nationals living in Kuwait. I have highlighted the
changes by answering some of your questions
below:
Amounts deducted
Question: I heard the new law confirms that
no amounts should be deducted from the end of
service benefits or termination indemnity. Can
you please confirm this?
Fajer: Article 51 of the Kuwait labor law before
amendment explained the end of service/termi-
nation indemnity calculations, and then stated
that “the provisions of the social security law shall
be taken into consideration in this regard, and
the employer shall pay the net difference
between the amounts accrued due to the sub-
scription of the worker in the social security and
to the end of service benefit”.
This statement now has been replaced with
the following (rough translation as there is no
official English version yet): “The social security
laws should be taken into consideration, and the
employee is entitled to his/her full end of service
benefits without deducting any social security
amounts”. This makes a huge difference for
Kuwaitis or GCC nationals in Kuwait that are reg-
istered under the social security scheme in
Kuwait.
So to answer your question, not all amounts
due from an employee to an employer cannot
be deducted - they can if you have debts due
and so on.
45 days
Question: Is it true that now we can take 45
days off instead of 30 a year?
Fajer: Article 70 before the amendments used
to state: “The worker shall be entitled to a 30-day
paid annual leave. However, the worker shall not
be entitled to a leave for the first year of work
except after at least nine months of service for the
employer. Official holidays and sick leaves during
the year shall not be counted as annual leave. The
worker shall be entitled to a leave for the fractions
year in proportion to the period he spent in actual
service, even the first year of service.”
Now it states (rough translation as there is no
official English version yet): “The worker shall be
entitled to a 30-day paid annual leave. However,
the worker shall be entitled to a leave after six
months of service for the employer. Weekends,
official holidays and sick leaves during the year
shall not be counted as annual leave. The worker
shall be entitled to a leave for the fractions year
in proportion to the period he spent in actual
service, even the first year of service.”
We can see two major amendments here:
1. Employees are entitled to leave after six
months instead of nine months.
2. Weekends are no longer calculated in the
annual leave.
So to answer your question, employees are not
entitled to 45 days annual leave, but now only
five days a week should be deducted from their
leave (while currently it’s common practice to cal-
culate Saturday as a working day when it usually
isn’t). This will give the employee six weeks in
total a year, if they are taking their annual leave at
one go.
I hope I have helped explain the law above. If
you want to read more, it is available in the July 9
edition of the official gazette of Kuwait under law
85 for 2017.
Should you have any questions or concerns, or
you require a consultation, please email me at
ask@fajerthelawyer.com
governorate to its new location to provide improved
customer facilities, reflecting its commitment to drive
customer satisfaction while ensuring an excellent bank-
ing service and environment. The new branch adds val-
ue to AUB’s network of branches that are strategically
located across Kuwait.
AUB’s new branch in Al-Jahra, which has Fassal Al-
Shammary as Branch Manager, is located in a vibrant
and commercial location. The bank’s latest branch has
been furnished with up-to-date equipment within a
modern design to provide high levels of customer
service. The branch is equipped with ATMs providing
an integrated service to customers. Safe Deposit
Lockers are also available to allow customers to store
their valuable items in a safe and efficient manner.
Moreover, the new branch further includes a dedicat-
ed area for the bank’s female customers, offering com-
plete privacy and comfort while conducting they con-
duct banking transactions.
In line with the bank’s mission to meet the needs of
its wide range of customers, Al-Jahra branch has been
designed to provide its services to special needs cus-
tomers with different disabilities through the adoption
of modern and updated facilities that provide a range of
services for those customers in need of special assis-
tance. The initiative is part of the bank’s overall effort to
provide an integrated service that accommodates its
customers’ wide array of needs. mirrors our approach towards enhancing and further delivery of robust banking services across all our
The official celebration was attended by an extensive developing our banking services.” branches. This also includes choosing strategic locations
number of public figures, being senior officials from the Rafie also noted that “The new branch in Al-Jahra has that are in line with our customers’ demographic
Governorate of Al-Jahra including the Head of Al- been developed to meet our customers’ banking changes in an effort to reach out to them in a timely
Naeem District - Talal Mandeel Al-Qahs, and Colonel demands, a core part of our commitment to ensure the and professional manner.”
Mohammed Fahad Al Ajemy, Commander of Al-Jahra
District, as well as a number of Al-Jahra Co-Op’s board
members. AUB’s Executive Management representatives
were present to welcome the guests, including Richard
Failure to register for conscription subjects
Groves - CEO, Moataz Al-Rafie - Senior Deputy CEO,
Banking Services Group, Ranjan San - General Manager
citizens to punitive measures: Kuwaiti Army
Retail Banking, and Naqeeb Ameen - Human Resources KUWAIT: Kuwaitis born on May jects a person to punitive meas- ments are not subject to statutes
General Manager. 10, 1999 or later are urged to reg- ures as mentioned in the National of limitations, and are considered
Qahs congratulated the bank on the new opening. ister for conscription within 60 Military Service Law. These meas- crimes of misconduct that dis-
He said, “We congratulate you and ourselves as resi- days after they reach the age of 18 ures include adding an extra qualify perpetrators from public
dents of Al-Jahra Governorate with the official launch of in order to avoid penalties, the month to the one-year basic serv- jobs and other basic rights, the
your new branch. We will always remember the under- Kuwait Armed Forces said in a ice period, adding two extra statement warns.
lying role AUB has played in driving the national econo- statement yesterday. The registra- months in case of failure to The National Military Service
my, along with providing an exceptional range of diver- tion can be made either at regis- respond to calls to complete pro- Law provides several guarantees
sified banking services to its customers that are com- tration centers around Kuwait or cedures to join conscription, fac- for recruits, including retention of
petitive, and are welcomed by a large number of mem- online at www.kns.gov.kw, reads ing a travel ban as well as an arrest jobs in the public sector and full
bers of the society.” the statement which was released warrant to serve up to three years payment of salaries during the
Moreover, Richard Groves also noted, “At Ahli United to the press by the Kuwaiti Army’s in jail and pay a KD 5,000 fine for military service, in addition to pri-
Bank, we continue to work to maintain the bank’s lead- moral guidance and public rela- those who are over the legal age ority in employment in the public
ership position amongst the Islamic Banking communi- tions department. of conscription, the statement sectors for those with job applica-
ty in the country. Our strategy focuses on strengthening Failure to register within the reads. tions at the Civil Ser vice
our relationships with our customers by providing top aforementioned timeframe sub- Conscription cases and punish- Commission, the statement notes.
tier banking services. The new branch launch in Al-Jahra
Multiple arrests in
police crackdowns
By Hanan Al-Saadoun
KUWAIT: Hawally police arrested seven people while being
drunk and in possessing of drugs. The detainees include four
citizens, one of whom is a woman, two Asians and an Arab.
Meanwhile, Ahmadi police arrested an Asian with nine
envelopes that contain a material suspected to be drugs,
besides 13 other envelopes containing shabu and marijuana.
Separately, Capital police arrested a bedoon wanted by the
implementation department, as well as two Asians with 19
locally made liquor.
Food hygiene
The number of violations discovered by the municipality
since they launched their current food safety campaign
reached 62. Head of Farwaniya emergency team Khalid Al-
Radaan said the team carried out many campaigns on stores,
restaurants, shops and kitchens to make sure of the safety of
food stored there. The campaigns resulted in issuing 18 cita-
tions related to food hygiene, 44 for stores and signs, while 60
samples were sent to health ministry’s laboratory.
Twitter user sentenced
The cassation court upheld a 10 year jail sentence against a
Twitter user, over a number of tweets he made. Detectives
arrested the suspect after uncovering his true identity.

Manpower authority denies plans

to set age limit for work permits
By A Saleh and Meshaal Al-Enezi
KUWAIT: Acting Director of the Public
Authority for Manpower Ahmad Al-
Mousa said the authority is continuing
to issue work permits according to
administrative decision (747/2015) that
was issued regarding permits and its
amendments, adding that the authority
has not discussed the issue of banning
the issuance of permits to workers
below 30 years of age, especially since it
is not the only department concerned
with issuing such decisions. Recent
reports had suggested that state depart-
ment concerned with labor affairs were
mulling a decision to suspend the
issuance of work permits to foreigners
who are under the age of 30. About the
authorities’ completing a computer link-
age system to bring workers from India,
Mousa said that after completing a link-
age with Egypt and making sure it is 100
percent successful, the linkage proce-
dures with India will start.
Bedoons’ hajj
Awqaf and Islamic Affairs Ministry
Undersecretary Farid Emadi said the
ministry has taken all measures to ease
hajj for bedoons this season, and is wait-
ing for “good news” from Saudi Arabia.
He said the ministry was in communica-
tions with Saudi officials and is opti-
mistic. Meanwhile, Emadi said “the selec-
tion of teachers to work at the Awqaf
Ministry requires sharia qualification that
is suitable for the educational process, in
addition to the selection through an
interview committee of specialized per-
sons”. He said the precautionary suspen-
sion of violating preachers does not
have a pardon option, because it is not
considered a punishment, but it is taken
until the religious affairs committee
meets to discuss preachers who are
under suspicion. Separately Director of
manpower resources at the education
ministry Saud Al-Juwaiser said bedoons
have been employed as members of the
education faculty in the required special-
ties, libraries and engineering. He said
Gulf nationals are treated like expats but
they receive preferential employment
treatment.
Forged certificates
A committee investigating forged
certificates said claims that Education
Minister Mohammad Al-Fares found a
way out of the issue are untrue and the
case is still at the board of the Public
Authority for Applied Education and
Training.
Marina relocation
Chairman of the Reform and
Development Committee at the
Municipal Council Osama Al-Otaibi said
there is a recommendation to relocate
Shamlan Marina from its current location
in Sharq to an alternate location on
Mangaf beach, because it cannot be con-
trolled environmentally, in addition to
increasing complaints regarding its clean-
liness. The move will also preserve the
historical entity as well as the boats in it.
Lights banned
Minister of Commerce and Industry,
State Minister for Youth Affairs and
Chairman of the Public Authority for
Industry Khalid Al-Roudhan issued a
decision to ban the import of spotlights
because they waste power.
Fires
The engineering offices and consult-
ing houses union said it is keen on fruit-
ful cooperation with the Kuwait Fire
Service Directorate (KFSD) to take sever-
al steps to limit fires in public and pri-
vate construction projects, with com-
puter linkage between departments to
issue licenses in cooperation with the
two sides within 24 hours. Union
President Bader Al-Salman said a meet-
ing he held with Director General of
KFSD Lt Gen Khalid Al-Mikrad resulted
in an agreement over several issues to
activate cooperation between the two
sides in various fields.