Policies on foreign workers in Kuwait

Kuwaitization and privatization are twin initiatives pursued by government. Under these initiatives, and depending on the industry or sector, local companies are required to employ a certain percentage of Kuwaitis of their total workforce. There are penalties for non-compliance. Skilled and semi-skilled foreign workers in the private sector are holders of Visa 18. They are covered by the Kuwait Labor Code, which provides adequate protection on rights and privileges. In cases where amicable settlement is not possible, a complaint is filed before the Ministry of Social Affairs and Labor. Private sector workers have option to either stay out or live in company-provided accommodation. The prospect of lowering the salary-ceiling requirement from the current KD400 (P64, 390) to KD250 (P40, 243) for expatriate workers to bring their family members to Kuwait is under study. There is ban on issuance of work permits for foreign women workers wanting to work at cafes, internet shops and billiard halls frequented by men. Private sector workers who have complains against their employers are assisted in contacting the company to initiate discussions and amicable settlement. In cases where this is not possible, a case is filed with Ministry of Social Affairs and Labor, for hearing and possible settlement. Cases not resolved at that level are referred to local court. Workers employed by government fall under Civil Service Law. Complaints and grievances are addressed by government agency concerned. Domestic helpers are under Visa 20 category. They are not covered by Kuwait labor law. They do not enjoy rights and privileges guaranteed to other types of workers. They are the most vulnerable to exploitation and/or abuse. DHs are covered by individual employment contract which stipulates terms and conditions of employment. The Ministry of Interior, through the Domestic Workers Administration, implements contractual obligations regarding employment of DHs. DHs work in big houses or huge villas of several rooms, are often not allowed to use mobile phones, and live in-door most of the time. They work from early morning up to late night. Majority do not have rest days. They are covered by medical insurance. Not allowed to go out, most escape in order to complain abuse/maltreatment by employers. But employers usually counter by reporting absconders to the police, often with charges, i.e. theft, among others. Transfer of employment for DHs is allowed on two conditions: Worker should have completed a 2-year contract; original sponsor must allow transfer. Transfer involves payment of so-called “release money" of US$1000 or higher. DHs are under guarantee of agency for six months. Under Philippine laws, responsibility of agency extends up to end of contract. Hence, Philippine recruitment agency, foreign placement agency and sponsor sign a joint liability agreement at Philippine overseas labor office before job orders are processed. Employers report to police absconding DHs within 24 hours. The case remains until worker appears to police station herself. If case is not resolved, worker is blacklisted, resulting in a travel ban until cleared by police authorities. Conversely, the Interior Ministry blacklists sponsors who do not settle complaints of DHs or those who refuse to provide for repatriation expenses for the workers. In this instance, the Ministry advances the cost of repatriation, subject to refund by the employers, who would now be banned from hiring new household workers, unless they have repaid the Ministry. Complaints by DHs not settled at the level of the police are referred to the local courts for resolution. The 3-month salary deduction is no longer in effect. Agencies are required to submit to the Department of Workers Administration records of payment of salaries of DHs including their contract of employment. A committee has been created to study coverage of Domestic Workers under separate legislation to ensure their rights are protected, and fair contracts written that adequately define employee-employee relationship. Source: Be a Smarter Pinoy Abroad, Smart Pinoy Publishing, 2006.