Chapter 7 – Final Provisions (Article 143 to Article 150)
The minister shall issue a resolution for the establishment of a Labor Affairs Consulting Committee that consists of representatives of the Ministry, Team or the Restructuring of the Manpower and the Executive Branch of the State, employers and workers organizations and whomever deemed appropriate by the Minister. The committee shall give its opinion regarding any issue referred to it by the Minister. The resolution shall also include the procedure relevant to convening the Committee and the manner of issuing recommendations.
Upon denial, the lawsuits filed by the workers one year after the end of the work contract on the basis of the provisions of this Law shall not be heard. Denial shall be subject to the provisions of Paragraph 2 of Article 442 of the Civil Law. Lawsuits filed by workers or beneficiaries shall be exempted from judicial fees. However, upon the dismissal of lawsuits by the court, the court may order the party who files the case to pay all or part of the court fees. Labor lawsuits shall be heard as summary matters.
As an exception from Article (1074) of the Civil Law, the rights of the workers granted by the provisions of this Law shall have a lien over the employer’s movable and immovable properties except his private residence. Such amounts shall be settled after deduction of the judicial fees, amounts due to then treasury as well as preservation and repair expenses.
Prior to filing a lawsuit, the worker or the beneficiaries through him shall submit an application to the competent Labor Department which shall summon the disputing parties or their representatives. In the event where the Department is unable to settle the dispute amicably, it shall, within a month after the submittal of the application, refer the case to the Court of First Instance for settlement. The referral shall be made by virtue of a memorandum that includes a summary of the dispute, the defenses of the parties and the remarks of the Department.
The Clerks Department of the Court shall, within three days after the receipt of the request, set a session to hear the case and notify the parties to the dispute thereof.
The Minister shall, within six months from the date of the publishing hereof in the Official Gazette, issue all by-laws and resolutions required for the implementation of this Law, in consultation with the employers and workers.
The Law No. 38 of the year 1964 concerning Labor in the Private Sector is hereby cancelled. All rights granted to workers prior to this cancellation shall remain in effect as well as all applicable resolutions that do not conflict with the provisions of this Law until the issue of the necessary by-laws and resolutions for its implementation.
The Prime Minister and ministers, each within his jurisdiction, shall Implement this Law which shall come into force on the date of its publication in the Official Gazette.
Amir of Kuwait – Sabah Al-Ahmad Al-Jaber Al-Sabah
Issued at Al-Seif Palace on 26 Safar Safar 1431 H, Corresponding to February 10, 2010 AD.
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