Labor Law

Working With Us, Step by Step

Every employment dispute turns on small details: a date, a message, a signature. That is why we handle your file step by step and keep you informed of what we are doing at each stage, whether you are an employee claiming your rights or an employer who wants to manage staff relationships on a sound footing.

1. Booking a consultation: you contact us by phone, WhatsApp or the website form, set a time to meet at our office, and give us an initial outline of the matter: whether you are an employee with a claim, or an employer facing a dispute or looking to put your staff relationships in order.
2. Reviewing the contract and payslips: we read the employment contract and its annexes and compare them with payslips, bank transfers, leave records and correspondence, because the actual wage, fixed allowances and start date of service often differ from what is on paper, and that difference is what determines the size of your entitlements.
3. Legal opinion and options: we explain your position clearly: the strengths, the weaknesses, the potential risks, and the available routes, from negotiation or settlement to a complaint or a lawsuit. The decision is yours, once you understand how each option affects your rights, your job and, if you are an expatriate, your residence.
4. Filing the labour complaint: where a complaint is the right route, we draft it and file it with the competent Labour Relations Department, attend the conciliation sessions, answer the other side's defence with documents, and pursue a settlement that protects your rights where a fair one is on offer.
5. Filing the lawsuit and following it through: once the dispute is referred to court, we prepare the statement of claim and memoranda, request the appointment of an accounting expert where needed, and follow the case through the levels of litigation up to judgment and enforcement, keeping you informed of every material development in the file.
6. For employers — contracts, policies and compliance: we draft employment contracts, disciplinary regulations, internal rules, and leave and overtime policies, review existing workplace practices for compliance with the Private Sector Labour Law No. 6 of 2010, and support you through internal investigations and terminations in a way that reduces the likelihood of later disputes.

When Do You Need an Employment Lawyer?

Not every workplace disagreement calls for a lawyer, but there are situations where acting early is the difference between a right preserved and a right lost. Among the most common in Kuwait:

• Your salary has been delayed for more than a month, or is being paid short without any written reason, and the promises keep coming without payment.
• You received a sudden termination, or were asked to sign a resignation or a final release before receiving your entitlements.
• You learned that an absconding report has been filed against you, or you fear one will be filed after a disagreement with your employer.
• Your employer decided to move you to a lower position, cut your salary, or change your job title without your consent.
• You want to resign and need to know how that will affect your end-of-service indemnity and how to submit it properly.
• You are a domestic worker, or a household employer, in a dispute governed by the Domestic Workers Law No. 68 of 2015.
• You are an employer facing a labour complaint or lawsuit from a former employee and need to assess your position and prepare your defence.
• You run a new or growing business and need sound contracts and internal regulations before hiring, not after a dispute arises.

Documents to Bring to Your Consultation

The more complete your papers, the more accurate and quicker our legal assessment of your position will be. It is fine if you do not have everything below; we will tell you what can be obtained later from official bodies or requested from the other side during the dispute:

• A copy of the employment contract, any annex or amendment to it, and the contract registered with the government authority if it differs from the private contract.
• Payslips or a bank statement showing monthly transfers for the longest period available.
• Civil ID, passport and residence details for expatriate employees.
• The offer or appointment letter, and any letters of promotion, salary change or transfer.
• Any warning, notice, disciplinary decision or termination letter you received.
• Correspondence with your employer or HR: emails and WhatsApp messages, with their dates preserved.
• Leave records, and any proof of overtime hours, such as fingerprint attendance records or shift rosters.
• Any complaint, release or acknowledgement you have already signed, and the complaint number if you have filed one.
• An experience certificate or salary certificates issued by the employer, and any official letter confirming your job title or wage on a given date.
• Any previous judgment or decision in the same dispute, or a notice of a lawsuit filed against you, with the date you received it.
• For employers: the employee's file, the approved disciplinary regulations, investigation records, and proof of payment of entitlements.

Frequently Asked Questions

Here we have gathered the questions we hear most often from employees and employers, with general answers to help you understand your position. Every case has its own circumstances that may change the outcome, so these answers are no substitute for a consultation in which your documents are reviewed.

How is the end-of-service indemnity calculated, and does it depend on how the contract ended?

The indemnity is calculated on the basis of actual length of service and the employee's last wage, and the wage includes allowances paid on a fixed and regular basis. Its amount depends on how the relationship ended: termination by the employer has a different effect from resignation, and an employee may lose it altogether in the cases of lawful dismissal that the law specifies. We therefore review each file individually before estimating the amount; see also our guide to end-of-employment entitlements and pay in lieu of notice.

What is the difference between lawful termination and arbitrary dismissal?

As a rule, either party to an open-ended contract may end it, provided notice is observed and the termination has a legitimate reason. A dismissal is arbitrary if it has no genuine basis, or if it is because the employee claimed their rights, took part in union activity, or for a reason unrelated to the work. The Court of Cassation has consistently held that the burden of proving the reason for dismissal lies on the employer when the employee denies it, and where arbitrariness is established the employee is entitled to additional compensation on top of their entitlements.

An absconding report was filed against me while I was still working, or during an ongoing dispute. What should I do?

An absconding report is not a final ruling; it can be challenged by showing that it is untrue or that it was filed in bad faith after a dispute arose. What matters is to act quickly and gather proof of your attendance or of a dispute that predates the report, such as a labour complaint, correspondence and attendance records. We explain the effects of the report and how to deal with it in Absconding Reports in Kuwait.

My employer has not paid my salary for months. Am I entitled to stop working?

Non-payment of wages is a fundamental breach of the employer's obligations, and in that case the law allows the employee to end the contract while keeping full entitlements, as if the termination had come from the employer. However, leaving work without documentation may later be used to allege absconding, so we recommend filing a complaint or sending written notice before you stop, and keeping the bank statements that show no transfers were made.

Does resigning affect my financial rights?

Resignation does not cancel an employee's right to unpaid wages or accrued leave, but it may affect the amount of the end-of-service indemnity depending on length of service. The agreed or statutory notice period must usually be observed, otherwise the employer may claim the equivalent. Before resigning, it is worth knowing whether your circumstances mean the termination is really the result of the employer's breach, because the difference in entitlements can be significant.

Can my employer reduce my salary or change my job without my consent?

As a rule, the wage and the nature of the work are essential terms of the contract, so the employer cannot reduce them unilaterally, except within the narrow limits the law allows and without prejudice to the employee's rights. An employee's refusal of an unlawful change is not in itself a ground for dismissal. For details, see Salary Reductions and Job Title Changes in Kuwait.

What happens to my residence if I am in a dispute with my sponsor?

A labour dispute does not necessarily mean cancellation of residence or deportation: under the procedures applied by the competent authorities, in certain cases the residence may be transferred to another employer, or the employee may remain in the country until the complaint is decided. This depends on the circumstances of each case and on the regulations in force at the time of the dispute, so we review your situation before any step that could put your residence at risk.

Can I file a labour lawsuit directly in court?

The rule for individual labour disputes in the private sector is that they begin with a complaint to the competent Labour Relations Department, which tries to reconcile the parties and, if no settlement is reached, refers the dispute to court. Labour claims are also subject to time bars after the relationship ends, and delay can cost you the right itself. We therefore recommend seeking advice as soon as the dispute appears, not months after it ends.