Kuwait: To End Conversion of Sick Leave to Regular Leave or Cash

Arab Times, 3 December 2024: Kuwait’s government is considering a policy shift on replacing unused sick leave with regular leave, aiming to promote fairness and reduce financial costs.

The proposed change would prevent employees from converting unused sick leave into regular (annual) leave or receiving financial compensation for unused days.

Sick leave would only be used for rest and recovery.

The potential suspension of the replacement policy is reportedly intended to curtail financial costs and encourage employees to use sick leave when necessary, rather than hoarding it for cash benefits.

Advocates argue this approach promotes better health and aligns with labour regulations, ensuring fairness for employees who genuinely need sick leave.

Critics, however, warn that stopping the replacement policy could demotivate employees who rely on it as a supplemental income source.

Some suggest that government agencies educate staff on the reasons for such a decision and explore alternative incentives to maintain morale.

While supporters emphasise that the policy fosters justice by ensuring equal treatment of all employees, detractors stress that removing this option could negatively impact employees’ income and financial stability.

They argue that sick leave, being a legitimate entitlement issued by government agencies, should remain a right that benefits employees fairly.

The debate highlights the need for a balanced approach, potentially regulating replacement policies to address both financial concerns and employee satisfaction.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

Want to learn more about Lexis® Middle East? Visit https://www.lexis.ae/lexis-middle-east-law/.

Kuwait: Introduces Strict New Residency Law

Arab Times, 25 November 2024: Kuwait’s Council of Ministers has approved a draft decree law addressing the residency of foreigners, introducing severe penalties for those involved in residency trafficking and violations.

The new decree law repeals Kuwait Emiri Decree No. 17/1959, along with any provisions that contradict the current Decree-Law (Article 35).

The new legislation comprises seven chapters and 36 articles, detailing specific provisions for the entry, residency, and regulation of foreigners in Kuwait.

The law prohibits residency trafficking through the exploitation of recruitment in exchange for money or benefits, employment violations where a foreign worker is employed for purposes other than what they were originally brought in for, unjust refusal to pay a foreigner’s wages or benefits, unauthorised work, housing or employing a foreigner without a valid residency permit, and allowing shelter for a foreigner who does not possess a valid residency permit.

Penalties for residency trafficking violations include imprisonment for three to five years and a fine ranging from 5,000 to 10,000 dinars, subject to escalation depending on the number of foreign violators involved.

Public employees who engage in residency trafficking will face a double penalty, and recidivism will lead to a further doubling of the penalty.

Legal entities found guilty of residency trafficking will face a fine between 5,000 to 10,000 dinars per violator, and their license to operate will be revoked.

The responsible individual within the entity will face penalties similar to those of an individual violator.

The law outlines conditions for the deportation of foreigners, such as having no legitimate source of income, working without a licence or approval, or for reasons of public interest, security, or morals.

A deportation order may extend to the foreigner’s family members, and the foreigner may be detained for up to 30 days during the deportation process, with extensions granted as necessary.

The Interior Ministry may waive fines for deported individuals, provided they leave the country promptly.

The employer or any individual who illegally sheltered or employed the foreigner will be responsible for the expenses related to deportation.

The law also addresses entry requirements, notification of competent authorities, residency of foreigners (including domestic workers, government and non-governmental employees), sponsor responsibilities, fees and exemptions, exit regulations for foreigners, and general provisions and penalties for residency trafficking.

It outlines procedures for obtaining visas, residency permits, and their renewals, as well as exemptions for certain groups, such as GCC nationals and diplomatic personnel.

The law also allows for settlement processes for certain violations by paying fines.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

Want to learn more about Lexis® Middle East? Visit https://www.lexis.ae/lexis-middle-east-law/.