Kuwait's Law No. 68 of 2015 on Domestic Workers represents a landmark piece of legislation in the Gulf region. For the first time, it established a comprehensive legal framework specifically designed to regulate domestic employment relationships, protect the rights of domestic workers, and define the obligations of employers. This article provides a thorough overview of the law's key provisions and practical guidance for all parties involved.
Historical Background: From Legal Vacuum to Regulation
Prior to the enactment of Law 68/2015, domestic workers in Kuwait operated in a significant legal vacuum. The Private Sector Labour Law No. 6 of 2010 explicitly excluded domestic workers from its scope, leaving this substantial workforce without dedicated legal protections. This gap led to various challenges, including delayed or unpaid wages, passport confiscation, excessive working hours, and limited avenues for dispute resolution.
Growing international pressure from human rights organizations, combined with an increasing domestic awareness of the need to regulate the sector, prompted Kuwait's legislature to pass this groundbreaking law. It was widely recognized as one of the first standalone domestic worker protection laws in the Gulf Cooperation Council region.
Scope of Application
Law 68/2015 applies to all persons employed in private households and similar settings. This includes:
- Housekeepers, cooks, and private drivers
- Nannies and childcare providers
- Gardeners and private security guards working in residences
- Any person performing domestic work for an employer in their private home
The law defines the employer as any natural person who engages a domestic worker to perform duties in their private residence, and mandates that recruitment must be conducted through agencies licensed by the Domestic Labour Department under the Ministry of Interior.
Employment Contract Requirements
One of the most significant provisions of the law is the mandatory written employment contract. Every domestic employment relationship must be documented in a contract that includes:
- Party identification: Full details of both the employer and the domestic worker
- Nature of work: A clear description of the duties the worker is expected to perform
- Agreed wages: The monthly salary amount and method of payment
- Contract duration: The term of the contract, typically up to two years with the possibility of renewal
- Rights and obligations: A statement of the mutual rights and duties of both parties
The contract must be prepared in triplicate — one copy for the employer, one for the worker, and one deposited with the competent authority. Critically, the contract must be provided in a language the worker understands, in addition to Arabic, ensuring the worker fully comprehends their rights and obligations.
Working Hours and Rest Periods
The law introduced clear regulations on working hours to prevent exploitation:
- Maximum daily hours: A domestic worker may not be required to work more than twelve hours per day, with breaks for rest, meals, and prayer
- Daily rest: Workers are entitled to a continuous daily rest period of no less than eight hours
- Weekly rest: Every domestic worker is entitled to one paid day off per week, to be agreed upon by both parties
- Annual leave: After completing one year of service, workers are entitled to thirty days of paid annual leave
These provisions marked a fundamental change from the previous era, when domestic workers had no statutory limits on their working hours and no guaranteed rest periods.
Wages and End-of-Service Benefits
The law places strong emphasis on ensuring domestic workers receive their financial entitlements fully and on time:
- Timely payment: Employers must pay wages on the agreed date without delay, in Kuwaiti dinars unless otherwise agreed
- Proof of payment: Employers must maintain evidence of wage payments, whether through signed receipts or bank transfers
- Deduction limits: Employers may not deduct amounts from a worker's wages except in cases permitted by law and within prescribed limits
Regarding end-of-service benefits, the law guarantees domestic workers a gratuity calculated at one month's wages for each year of service upon termination of the employment relationship. This is a non-waivable right that cannot be contracted out of by agreement between the parties.
Employer Obligations: Housing, Food, and Healthcare
The law requires employers to provide several essential necessities for their domestic workers:
- Suitable accommodation: A decent living space that preserves the worker's dignity and privacy
- Food and drink: Three adequate and appropriate meals per day
- Healthcare: Coverage of medical treatment costs during the contract period, including health insurance as required by applicable regulations
- Return travel: Payment of the worker's return airfare to their home country upon contract termination or expiry
Prohibited Practices
The law explicitly prohibits several employer practices that were common sources of abuse:
- Passport confiscation: Employers are strictly prohibited from retaining a worker's passport or any personal documents. This is treated as a criminal offence
- Physical or psychological abuse: Any form of physical violence, verbal abuse, or psychological mistreatment is prohibited
- Lending out workers: Employers may not assign a worker to work for another person without the worker's consent and the approval of the Domestic Labour Department
- Discrimination: Discrimination based on gender, race, religion, or national origin is prohibited
- Forced labour: Compelling a worker to perform tasks not agreed upon in the contract or beyond their physical capacity is prohibited
Penalties for Violations
Law 68/2015 prescribes deterrent penalties for violations of its provisions:
- Financial fines: Fines ranging from 200 to 2,000 Kuwaiti dinars depending on the nature and severity of the violation
- Recruitment agency penalties: Agencies that violate the law face fines of up to 5,000 Kuwaiti dinars, along with the possibility of license suspension or revocation for serious infractions
- Criminal sanctions: In cases involving physical abuse or human trafficking, the penalties prescribed under the Penal Code and related legislation apply, which may include imprisonment
The law also provides for doubled penalties in cases of repeat offences, serving as a strong deterrent against continued violations.
Role of the Domestic Labour Department
The law established a specialised Domestic Labour Department under the Ministry of Interior with broad responsibilities:
- Regulating and overseeing the recruitment of domestic workers
- Licensing recruitment agencies and monitoring their operations
- Receiving and investigating complaints from both workers and employers
- Mediating disputes and attempting amicable resolution before judicial referral
- Preparing and approving standard-form employment contracts
- Coordinating with labour-sending countries to safeguard workers' rights
This department serves as the primary point of contact for both workers and employers when disputes arise, prioritising mediation and amicable settlement before referring unresolved matters to the courts.
Contract Termination
The law regulates the circumstances under which a domestic employment contract may be terminated:
- Mutual agreement: The contract may be terminated by mutual consent at any time
- Expiry: The contract ends upon the expiration of its term unless renewed
- Employer-initiated termination: The employer may terminate the contract where the worker commits a fundamental breach of their obligations or an act affecting honour or trust
- Worker-initiated termination: The worker may terminate the contract where the employer fails to meet fundamental obligations such as wage payment or engages in mistreatment
In all cases of termination, the employer remains liable for all outstanding wages, end-of-service benefits, and return travel costs.
Practical Tips for Employers
- Use only recruitment agencies licensed by the Domestic Labour Department
- Ensure a clear, written employment contract is signed and that the worker retains a copy
- Pay wages on time and keep documented proof of every payment
- Return the worker's passport and personal documents immediately — never retain them
- Provide adequate accommodation, food, and healthcare
- Respect the worker's right to weekly rest and annual leave
- Contact the Domestic Labour Department to resolve disputes rather than resorting to unilateral measures
Practical Tips for Domestic Workers
- Keep your copy of the employment contract in a safe place and understand all its terms
- Retain your passport and personal documents — you are not legally required to hand them over
- Document all wage payments and obtain receipts
- Learn about your legal rights through your country's embassy or the relevant Kuwaiti authorities
- Report any violations to the Domestic Labour Department or your country's embassy
- Fulfil your contractual duties diligently and respect Kuwait's laws
Conclusion
Law No. 68 of 2015 represents a significant legislative achievement in the protection of domestic workers' rights in Kuwait. It established a balanced legal framework that safeguards the interests of all parties and promotes a fair domestic employment environment. However, the true effectiveness of any legislation depends on its enforcement and on public awareness of its provisions — making legal education for both employers and domestic workers essential.
If you are an employer or a domestic worker seeking specialised legal advice on your rights and obligations under this law, or if you are facing a dispute related to a domestic employment relationship, the team at Yumnaak Law Firm is ready to provide expert legal counsel and help you protect your rights in accordance with Kuwaiti law.
