Death of an Employee in Kuwait: Who Receives the End-of-Service Indemnity and Unpaid Wages, and How Heirs Claim Them

A practical guide for the heirs of a worker who dies in Kuwait: the end-of-service indemnity, unpaid wages, leave pay and group insurance, proving heirship in Kuwait and abroad, labour complaints and lawsuits, and repatriation of the body and belongings.

Introduction

When an employee dies while still under contract in Kuwait, the family's first days are taken up with mourning and with arranging a burial or repatriating the body. Practical questions follow soon after. Is the deceased entitled to an end-of-service indemnity? Who collects the last month's salary and any wages that were already overdue? What happens to annual leave that was never taken? Did the company carry life insurance that pays out to the family? And how do heirs who live in another country prove who they are?

These questions come up in real cases all the time. Many employers genuinely want to pay what is owed but do not know who to pay or which document will discharge them, so settlement drags on for months. Other employers take advantage of the fact that the heirs are far away and unfamiliar with Kuwaiti procedure, and money that could have been recovered with clear steps and proper documents is lost. Either way, a family that has lost its breadwinner ends up waiting for a sum it is plainly owed without knowing how to get it.

This article sets out what a deceased private-sector worker is entitled to under the Private Sector Labour Law No. 6 of 2010, and how the position differs for Kuwaiti nationals covered by social security and for government employees. It then explains how heirs establish their standing inside and outside Kuwait, how to file a complaint with the labour relations department and, where necessary, bring a labour lawsuit. It also covers the body and personal belongings, and deaths caused by a work injury. Where a topic already has its own article on this blog, we link to it rather than repeat it.

The Short Answer

  • Does death cancel the indemnity? No. Death is one of the ways an employment contract ends, and the right to the end-of-service indemnity passes to the heirs. The general position under the private-sector Labour Law is that termination by death is not treated like a resignation, where the indemnity can be reduced for shorter periods of service.
  • What is included? The end-of-service indemnity, unpaid wages up to the date of death, pay for the days worked in the final month, cash in lieu of accrued but unused annual leave, and any other fixed entitlements under the contract or company rules, such as commissions earned or bonuses already approved before death.
  • Who receives it? The lawful heirs, whose status is proven by a valid certificate of inheritance (a "heirs' determination"), or someone holding a proper power of attorney from them. Minors' shares are protected under the rules governing minors' property. A relative or a roommate simply turning up to collect is not enough.
  • Is it part of the estate? Financial rights the worker had already acquired, such as unpaid wages and the indemnity, form part of the estate and are divided according to inheritance rules. Social security pensions paid to the survivors of a Kuwaiti national, and group life insurance proceeds, follow their own rules on who benefits.
  • What if the employer refuses or delays? The claim starts with a labour complaint to the competent labour relations department at the Public Authority for Manpower. If the dispute is not settled there, it is referred to the competent court under the applicable procedure.
  • And if the death was work-related? The heirs are also entitled to compensation for a fatal work injury. Civil or criminal liability may also arise for whoever caused the death. We cover this in detail in Work Injuries and Occupational Diseases under Kuwaiti Law.

The Legal Framework

No single statute covers a deceased worker's entitlements. The rules are spread across employment law, inheritance law and procedural law, and knowing which one applies to each question saves heirs a great deal of time:

  • Private Sector Labour Law No. 6 of 2010: the main reference for employees of private companies and establishments, whether Kuwaiti or expatriate. It governs how contracts end, including by death; the end-of-service indemnity and how it is calculated; wages and their protection; annual leave and payment in lieu; work injuries and compensation; the employer's obligations when employment ends; and labour complaints and lawsuits. Overall, it sets minimum rights that cannot be reduced by agreement.
  • Social Security Law No. 61 of 1976: applies to insured Kuwaiti nationals in both the public and private sectors. It governs the pension or other sums payable to survivors when an insured person dies, and it defines who qualifies and on what conditions. These benefits are paid by the Public Institution for Social Security under its own law, not by the employer, although a private employer may still owe whatever the law separately requires of it.
  • Decree-Law No. 15 of 1979 on the Civil Service and its regulations: governs government employees, supplemented by Civil Service Council resolutions and each agency's own rules. Non-Kuwaiti government employees receive an end-of-service benefit governed by their appointment contracts and the relevant resolutions, and the details differ from the private-sector Labour Law.
  • Personal Status Law No. 51 of 1984: determines who inherits from a Muslim deceased and in what shares, and so governs how the estate portion of the entitlements is divided. Non-Muslims have their own personal status rules, and for expatriates the question of which law governs succession may arise under conflict-of-laws rules.
  • Civil and Commercial Procedure Law No. 38 of 1980: governs court procedure generally and fills gaps where the Labour Law is silent. This includes the rules on proceedings being suspended when a party dies and on heirs taking over a claim the worker had already filed.
  • Civil Code No. 67 of 1980: relevant to tort liability where the death was caused by someone's fault, and to general rules on payment and set-off.

A note on scope: domestic workers are not covered by the private-sector Labour Law but by their own Law No. 68 of 2015, which has its own end-of-service rules. See Domestic Workers' Rights in Kuwait. Oil-sector employees are also covered by special legislation that may provide better terms, and they can never fall below the private-sector minimum.

The Substantive Rules: What Is Owed, and to Whom

1. Death ends the contract automatically

An employment contract is personal to the employee, so it ends on his or her death without any notice, dismissal or resignation. This has two practical consequences. First, the date of death is the end date from which all entitlements are calculated. Second, the employer has no basis for deducting "notice pay" from the heirs on the theory that the worker left without notice. Death is not abandonment of work and not a breach of contract. Heirs should ask the employer for a letter confirming the end date and the worker's last total wage, because every later calculation depends on it.

2. The end-of-service indemnity

Law No. 6 of 2010 gives the worker an end-of-service indemnity calculated from length of service and wage, and it distinguishes between reasons for termination. A resignation after a short period of service may earn only part of the indemnity. Termination by death, by contrast, is treated in a way that preserves the full entitlement. So the first thing heirs should check is whether the employer has calculated a "resignation indemnity". If it has, the figure is wrong in principle, and the heirs should ask in writing for it to be corrected.

The indemnity is calculated on the wage as the law defines it. That usually means more than basic salary: it can include allowances and supplements that are fixed and regular. This is a frequent source of disputes, and we cover it in Wage Components and Allowances under Kuwaiti Labour Law. The general calculation rules are explained in End-of-Service Indemnity and Retirement in Kuwait. The key point is that heirs are claiming the same indemnity the worker would have received on a termination that preserves full rights. Nothing is lost simply because the worker is no longer there to claim it himself.

The employer may deduct only what the law permits, such as a proven debt owed by the worker to the company within the legal limits. Deductions with no legal basis, such as the "cost of hiring a replacement" or administrative fees the employer must bear by law anyway, can be challenged and recovered.

3. Overdue wages and the final month's pay

The Labour Law gives wages special protection and requires the employer to pay them on time. Salaries left unpaid for earlier months, and pay for the days worked in the month of death, are debts the employer owes, and they pass to the heirs. The same applies to overtime actually worked but not paid, commissions earned on transactions completed before death, and bonuses or incentives that had already been approved and become an acquired right.

In practice, heirs can check for unpaid wages using the worker's bank statements. Private-sector employers are generally required to pay wages into employees' local bank accounts, so a gap in transfers for certain months is strong evidence of non-payment. As a rule, the employer must prove it paid the wage; the heirs do not have to prove it did not. An employer cannot simply claim it paid cash without a receipt signed by the worker.

4. Payment in lieu of unused leave

Workers are entitled to paid annual leave. If employment ends with an unused balance, the worker is entitled to cash in lieu as provided by law. Death does not cancel this: the accrued balance is a financial right that passes to the heirs. Ask the employer for a leave statement from its records, which it is legally required to keep. If the figures are disputed, they can be checked against the worker's entry and exit records. For more on leave, see Working Hours, Leave and Wages under the Private Sector Labour Law.

5. Group life insurance and additional company benefits

The private-sector Labour Law does not require every employer to insure its workers' lives. Many companies do, however, especially large employers and those in the oil and banking sectors. They may hold group life or accident policies, or their internal rules may provide a death grant or assistance to the family. Families rarely learn about these benefits unless they ask directly. Heirs should therefore ask the company in writing whether the worker was covered by any insurance or grant, and request a copy of the policy terms or the relevant internal rules.

Insurance proceeds are treated differently from the indemnity. If the policy names a beneficiary, it pays that person according to its terms. If it refers to "the heirs" or names no one, the policy terms and the applicable rules decide. Claims against the insurer are subject to the policy's notification deadlines, so do not delay. Where the benefit is written into the company's internal rules or the employment contract, it becomes a contractual right of the worker and can be claimed before the labour courts.

6. Kuwaiti private-sector employees and government employees

If the deceased was an insured Kuwaiti national, much of the family's protection comes from Social Security Law No. 61 of 1976. It governs the pension payable on the death of an insured person, how that pension is shared among survivors, and the conditions each category must meet. This pension is not part of the estate and is not divided by inheritance shares. It follows the categories and shares set by the social security law. Families deal directly with the Public Institution for Social Security and provide the documents it requires.

A Kuwaiti working in the private sector is also entitled to the indemnity provided by the Labour Law, subject to the coordination the legislature has set up between the social security system and the end-of-service indemnity. Depending on the circumstances, the employer may owe only the amount that exceeds what social security covers. The calculation is technical, and a specialist should review it before any settlement is accepted. Government employees, Kuwaiti or not, are paid through their agency under the Civil Service Law, its regulations and their appointment contract. Their disputes generally go to the administrative circuit rather than the labour circuit, so the deadlines and procedure differ from those described below.

7. Is it part of the estate, and who gets what?

As a rule, every financial right the worker acquired during life, or through the contract ending on death, forms part of the estate. That includes overdue wages, the indemnity and leave pay. These sums are divided among the lawful heirs according to their shares, after the deceased's established debts are paid and any valid bequest is carried out within its limits. See Inheritance Rules under Kuwaiti Law and Estate Debts under Kuwaiti Law.

It follows that the employer cannot choose whom to pay. The eldest son, the widow or a brother living in Kuwait cannot collect on everyone's behalf just by coming forward. Payment must go to all the heirs or to their legal representative. Otherwise the employer remains liable to any heir who was not paid. Where minors are among the heirs, their shares are subject to the rules protecting minors' property. If they fall under the Public Authority for Minors' Affairs, see The Public Authority for Minors' Affairs in Kuwait.

8. Death caused by a work injury

Where death results from an accident at or because of work, from an occupational disease, or from a commuting accident within the applicable conditions, the heirs are entitled to compensation for a fatal work injury on top of the ordinary entitlements. We do not repeat here the conditions for classifying an accident as a work injury, the compensation method or the reporting steps, because they are set out in Work Injuries and Occupational Diseases under Kuwaiti Law.

Three points are specific to fatal cases. First, work-injury compensation neither replaces nor reduces the end-of-service indemnity, because each rests on a separate legal basis. Second, if the death resulted from the fault of the employer or a third party, such as ignored safety rules or a traffic accident caused by someone else, there may be civil liability for damages and criminal liability. That raises the blood-money and compensation issues discussed in Blood Money and Compensation in Fatal Accidents in Kuwait. Third, the official investigation records and the forensic report are usually the heirs' most important evidence, so request certified copies early, before witnesses disperse.

9. The body, personal belongings and the costs involved

For an expatriate worker, an urgent question is who pays to prepare and repatriate the body. The Labour Law places obligations on the employer who recruited the worker to return him to his home country when employment ends. In practice, on death this extends to the cost of repatriating the body if the family wants it returned. The contract or company rules may say more. If the family chooses burial in Kuwait, the official procedures are followed in coordination with the health authorities and the worker's embassy.

The death certificate is issued by the competent health authority. Where the death was not natural or resulted from an accident, investigative procedures and a forensic report may be needed before the body is released. In no case may an employer hold the body or delay the formalities because of a dispute over entitlements, or make payment conditional on the family waiving any other right.

The worker's personal belongings, including papers, phone, cash and possessions in employer-provided housing, form part of the estate. They should be listed in a written inventory in front of two witnesses or an embassy representative and handed to the heirs' legal representative against a signed receipt. Whoever holds them is responsible for keeping them safe until handover and may not dispose of them or share them out among colleagues.

A consequence that is often overlooked is the effect on family members. If the worker sponsored a spouse and children on dependant residence, they will need to regularise their status within the period set by the authorities, either by leaving or by transferring residence where the conditions are met. See Sponsorship and Residence Transfer in Kuwait. Ideally, the entitlements file should be organised before departure, or a power of attorney left with someone who can follow it up.

Principles Settled by the Court of Cassation

The following general principles, settled in the case law of the Kuwaiti Court of Cassation on labour and inheritance matters, bear directly on heirs claiming a deceased worker's entitlements. They are stated in general terms:

  • The Court of Cassation has consistently held that the Labour Law is a matter of public order to the extent that it sets minimum rights. Any agreement or settlement that reduces those rights is void unless it is more favourable to the worker. Heirs benefit from this protection because they are claiming the worker's own rights.
  • It has consistently held that heirs succeed to the deceased's financial rights, including the right to claim what third parties owed the deceased, whether the claim began during the deceased's lifetime or after death.
  • It has consistently held that the wage on which entitlements are calculated includes supplements that are fixed and stable, whatever labels the employer uses, and that classifying an item is for the court to decide on the facts.
  • It has consistently held that the burden of proving payment of wages and other entitlements lies on the employer, as the debtor claiming to have discharged the obligation. The employer's records and wage-transfer statements are evidence for the court to weigh.
  • It has consistently held that a release signed by a worker or heirs waives only the rights it expressly identifies, is read within its terms, and is not extended against the person who signed it.
  • It has consistently held that assessing compensation for harm caused by a death, outside cases where the law sets fixed schedules, is a matter for the trial court, provided its reasoning is sound.

A note on method: these principles are stated in general terms reflecting settled judicial trends. We have deliberately not cited specific appeal numbers or judgment dates, to avoid attributing unverified citations to the Court of Cassation. Each principle applies differently depending on the facts, and litigants should consult the relevant published judgments and the legislation in force at the time of the dispute.

Practical Steps and Documents

Step 1: Proving the death and the heirs in Kuwait

No one can claim on the deceased's behalf without proving two things: the death, and authority to act for the estate. Death is proven by the official death certificate issued by the competent health authority. Authority is proven by a certificate of inheritance, also called a heirs' determination or legal inheritance notice. For Muslims in Kuwait, it is issued by the Sharia Documentation Department at the Ministry of Justice on submission of the death certificate, proof of the heirs' relationship to the deceased and witness testimony, following the established procedure. It lists the heirs and their relationship to the deceased, and employers, banks and courts rely on it to decide who may claim and collect. See Wills and Inheritance in Kuwait.

Step 2: Heirs living outside Kuwait

This is the most common situation in cases involving expatriate workers, and the one that most often stalls. In practice, heirs abroad need two core documents, both properly legalised:

  • Proof of heirship from their home country: a succession certificate, heirship judgment or equivalent under that country's system. It must be authenticated by the competent authorities there, then by the Kuwaiti embassy in that country, then by the Kuwaiti Ministry of Foreign Affairs, and translated into Arabic by a certified translator. Some Kuwaiti authorities may require an additional step to accept it, depending on the case.
  • A power of attorney from all heirs to one person in Kuwait: executed at the Kuwaiti embassy or consulate in the heirs' country, or before a notary there and then legalised in the same sequence. It should expressly authorise the agent to claim the deceased's entitlements from the employer and official bodies, to litigate, to receive payment and to sign a release. A vague general power may not be accepted for receiving money, so specific wording protects everyone.

The agent should ideally be a lawyer or a trusted person, and funds should be paid into an account in the heirs' names or under court supervision rather than in cash. See Powers of Attorney under Kuwaiti Law and, on foreign documents, Certified Translation and Foreign Documents before Kuwaiti Courts. The worker's embassy in Kuwait also plays a useful role in liaising with the family, and many embassies have labour offices that follow up their nationals' entitlements.

Step 3: A written demand

Before any formal step, send the employer a written request attaching the death certificate, the inheritance certificate and the power of attorney. Ask for an itemised statement covering the last total wage and its components, the start date, the leave balance, any unpaid wages, and any insurance or grant. Ask for it on company letterhead and stamped. Many files are resolved at this stage, because the employer needs a document that discharges it.

Step 4: A complaint to the labour relations department

If the employer refuses, delays or offers an incomplete figure, file a labour complaint with the competent labour relations department of the Public Authority for Manpower for the area where the workplace is located. The department summons both parties and tries to reach an amicable settlement. A settlement is recorded in minutes. If none is reached, the department refers the dispute to the competent court under the applicable procedure. See Labour Complaint Template and Filing Steps in Kuwait.

The complaint must be filed in the heirs' names, as heirs of the worker, or by their agent, with full proof of standing. Many complaints are delayed because the person filing cannot prove standing, or proves it for some heirs but not all.

Step 5: The labour lawsuit

Once referred or filed, the case is heard by the labour circuit of the Court of First Instance. It benefits from the special rules the Labour Law provides for labour cases, including those on fee exemption and expedited hearing, as set out in the provisions in force. The court may appoint an accounting expert to calculate the entitlements. If the worker had already filed a case before dying, the proceedings are suspended on death and the heirs may revive them and take the worker's place. The full path from complaint to enforcement is described in Labour Case Procedure in Kuwait: From Complaint to Enforcement.

A warning on time limits: the Labour Law sets a limitation period for claims arising from an employment contract, running from the date the contract ends. The period is relatively short. Because the date of death is the end date, time spent on repatriation and on obtaining documents from abroad can use up much of it. Do not wait until every document is ready before taking the first step. Filing early and completing the documents later is the safer course.

Document checklist

  • Official death certificate, plus the forensic report and investigation records if the death resulted from an accident.
  • The inheritance certificate issued in Kuwait, or the foreign proof of heirship, legalised and translated.
  • A specific power of attorney from the heirs, notarised and legalised, with copies of their IDs and passports.
  • The employment contract, any amendments, and documented raises or promotions.
  • The worker's bank statements for a period long enough to show the wage and the unpaid months.
  • The worker's civil ID and residence details, and proof of the start date.
  • Any correspondence, payslips or salary certificates issued by the employer.
  • Evidence of any group insurance or death grant, if applicable.
  • For Kuwaiti nationals: the documents required by the Public Institution for Social Security to pay survivors' benefits.
  • For minors: guardianship documents or whatever the competent authority for minors' property requires.

Hypothetical Cases

Case 1: The employer treats the death as a resignation

Hypothetical facts: an expatriate worked for a contracting company for four years and died of a heart attack at home. The company handed his brother, who lives in Kuwait, a cheque described as "full and final settlement". It calculated the indemnity as if he had resigned and used basic salary only, leaving out a fixed housing allowance, and it asked the brother to sign a final release.

Legal analysis: death is not resignation, and the resignation rules cannot be used to calculate the indemnity. Depending on its nature, a fixed allowance may form part of the wage on which the indemnity is based. The brother is not necessarily an heir, and even if he is, he does not represent the other heirs (the widow and children in the home country) without a power of attorney. A release signed by him would not discharge the company towards them. He should decline to sign, the heirship documents and power of attorney should be obtained, and a recalculation should be demanded, followed by a labour complaint if necessary.

Case 2: A workplace death with the family abroad

Hypothetical facts: a worker fell from scaffolding on a construction site and died. His family lives in his home country. The company paid to repatriate the body, then told the embassy it would transfer a "humanitarian payment" to the family on condition that they waive all claims.

Legal analysis: this is very likely a work injury, so the heirs are entitled to work-injury compensation in addition to the indemnity, wages and leave pay. None of these rights should be folded into a vague "humanitarian payment". If a safety breach is established, separate criminal and civil liability may arise. The heirs need the investigation records and the forensic report, and a legalised power of attorney in favour of a Kuwaiti lawyer to handle the complaint and the lawsuit. Signing a general waiver before the entitlements are properly assessed exposes the family to a serious loss.

Case 3: A Kuwaiti bank employee with minor children

Hypothetical facts: a Kuwaiti employee of a private bank dies, leaving a wife, three minor children and both parents. His widow asks: does she collect everything? How does social security relate to the bank? And will the life insurance the bank mentioned be paid to the whole family?

Legal analysis: three separate things are involved. The first is the survivors' pension from the Public Institution for Social Security, which is paid under its own law and is not part of the estate. The second is whatever indemnity, top-up or other sums the bank owes, which do form part of the estate and are divided among the heirs, including the parents. The third is the group insurance, which is paid under the policy terms to whoever the policy designates. The minors' share of the estate is subject to the rules protecting minors' property, and the mother cannot receive it in her personal name except in the capacity and through the procedure the law prescribes.

Comparison: Types of Entitlement on Death

  • End-of-service indemnity: source: the Labour Law and the contract / payable by: the employer / part of the estate, divided by inheritance shares / disputes: labour relations department, then the labour court.
  • Overdue wages and final month's pay: source: the contract and the law / payable by: the employer / part of the estate / non-payment shown by bank statements and company records.
  • Payment in lieu of leave: source: the Labour Law / payable by: the employer / part of the estate / proven by leave and travel records.
  • Fatal work-injury compensation: source: the work-injury provisions / payable by: the employer or the body designated by law / paid to those entitled under the applicable rules / separate from and not deducted from the indemnity.
  • Civil damages for fault: source: the Civil Code where fault is proven / payable by: the person responsible / claimed by the heirs, covering inherited and personal harm as the law distinguishes / heard in the civil court or alongside criminal proceedings.
  • Social security pension (Kuwaiti nationals): source: Social Security Law No. 61 of 1976 / payable by: the Public Institution for Social Security / not part of the estate; distributed to survivors under that law.
  • Group life insurance: source: the policy or company rules / payable by: the insurer or employer / beneficiary per policy terms / subject to the policy's notice deadlines.
  • Personal belongings: part of the estate / the holder must keep them safe and hand them to the heirs' legal representative with a written inventory.

Frequently Asked Questions

1. Is an indemnity due if the worker dies during probation or shortly after joining?

The indemnity is calculated on actual service under the applicable rules, so it may be small for a short period. Wages and leave pay remain payable to the heirs. See Probation Periods in Kuwaiti Employment Contracts.

2. Can the employer pay a colleague or another sponsor?

No. The employer is discharged only by paying the heirs' legal representative. Payment to someone without standing cannot be relied on against the heirs, who can still claim.

3. Can one heir collect only his or her share?

In principle, an heir may claim his or her share of an inherited right. In practice, employers usually prefer to pay under an inheritance certificate that sets out the shares, or to a single agent for all heirs, to avoid multiple claims. A single representative is usually the practical choice.

4. Can the worker's debts to the company be deducted?

The employer may recover a proven debt, such as a documented advance, within legal limits. Unproven claims or penalties with no legal basis may not be deducted. Debts owed to third parties are paid from the estate before distribution under the rules on estate debts.

5. Do heirs abroad need to travel to Kuwait?

Usually not. A specific, legalised power of attorney is generally enough to pursue the file, receive payment and litigate, although some authorities may require additional steps in particular cases.

6. Who pays to repatriate the body?

The employer who recruited the worker must bear the cost of returning the worker home under the Labour Law. In practice this covers repatriating the body if the family chooses, unless the contract or company rules provide something better. These costs may not be deducted from the worker's entitlements.

7. What if the company has closed or the owner has disappeared?

The right survives. Action can be taken against the company as a legal entity, and depending on the case the competent authorities can be approached, protective measures sought, and the liability of partners or managers assessed under company law. Acting early matters even more in this situation.

8. Are entitlements payable if the worker's residence had expired?

An expired or irregular residence does not cancel labour rights arising from work actually performed, although it may raise separate administrative issues. What matters is proof of the employment relationship, its duration and the wage.

9. Is a Kuwaiti's social security pension part of the estate?

No. The survivors' pension is distributed under the social security law to the categories it specifies, which may differ from inheritance shares. Families deal with the Institution directly.

10. Is there a deadline for claiming?

Yes. The Labour Law sets a limitation period for claims arising from the employment contract, running from the end of the contract, which here is the date of death. Because the period is relatively short, file early rather than waiting until every arrangement is complete.

11. Can the heirs challenge a release signed by one of them?

A release binds only the person who signed it, within that person's capacity and its express terms, and it cannot waive legally protected minimum rights. Each case turns on the wording and the circumstances of signature.

12. Is the procedure different for a domestic worker?

Yes. Domestic workers are governed by Law No. 68 of 2015, and their disputes go to the department responsible for domestic labour. The rules on proving heirship, powers of attorney and legalisation are much the same.

13. Can the embassy collect on the heirs' behalf?

That depends on the procedure in force and on the authorisation the heirs provide. Many embassies follow up cases and help with communication, but as a rule payment is made against valid proof of standing.

Conclusion

A worker's death does not extinguish his or her rights; it passes them to the heirs. The indemnity, overdue wages and leave pay are established rights under Labour Law No. 6 of 2010. Depending on the case, the heirs may also be entitled to work-injury compensation, a social security pension for Kuwaiti nationals, and group insurance proceeds. Each has its own rules on entitlement, distribution and where to claim. The most damaging mistake heirs make is to accept a single vague "settlement" that lumps these rights together without knowing what it covers.

A successful claim starts with the right documents: a death certificate, an inheritance certificate, and a legalised power of attorney where the heirs are abroad. Next comes a written demand requiring the employer to itemise what is owed, then a labour complaint and, if needed, a lawsuit. Acting early is essential: legal time limits run from the date of death, and foreign documents take time to obtain.

Employers have an interest in following this path too. Paying the person with proper standing, against proper documents, is what discharges them for good and protects them from repeated claims by heirs who were not represented. An orderly settlement serves both sides.

Legal Notice

This article provides general legal information for awareness purposes only. It is not legal advice and does not create a lawyer-client relationship. Rules and procedures vary with the facts of each case, the deceased's nationality and religion, the type of employer, and the legislative amendments and regulations in force at the time of the claim. We have deliberately not stated specific article numbers, amounts or time periods where application varies or the current text needs to be verified.

If you are the heirs of a worker who died in Kuwait, whether you live here or abroad, and you need the entitlements calculated and the file pursued with the employer, the labour relations department and the courts, or if you are an employer wishing to settle a deceased employee's entitlements in a way that fully discharges you, the team at Yumnaak Law Firm (يمناك لأعمال المحاماة) will be glad to review your case, advise you and represent you before the competent authorities.

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