MONDAY, JULY 10, 2017

LOCAL

Labor law 85 of 2017

Legalese
Ahli United Bank announces
amends law 6 of 2016 opening of new branch in Jahra
By Attorney Fajer Ahmed KUWAIT: Ahli United Bank (AUB) recently celebrated
the official launch of its new branch in Al-Jahra. The
bank has relocated its long-established branch in the

Y
esterday, new amendments to one of governorate to its new location to provide improved
Kuwait’s major laws were promulgated in customer facilities, reflecting its commitment to drive
the official gazette. Article 51 and 70 of customer satisfaction while ensuring an excellent bank-
Kuwait labor law 6 of 2016 were amended to pro- ing service and environment. The new branch adds val-
vide clearer employment benefits to Kuwaitis and ue to AUB’s network of branches that are strategically
non-Kuwaitis alike. Therefore, many of my readers located across Kuwait.
have requested consultations regarding the top- AUB’s new branch in Al-Jahra, which has Fassal Al-
ic, so I decided to write about the law explaining Shammary as Branch Manager, is located in a vibrant
the changes and the ways it can be implemented. and commercial location. The bank’s latest branch has
This is a great step forward, especially for non- been furnished with up-to-date equipment within a
nationals living in Kuwait. I have highlighted the modern design to provide high levels of customer
changes by answering some of your questions service. The branch is equipped with ATMs providing
below: an integrated service to customers. Safe Deposit
Lockers are also available to allow customers to store
Amounts deducted their valuable items in a safe and efficient manner.
Question: I heard the new law confirms that Moreover, the new branch further includes a dedicat-
no amounts should be deducted from the end of ed area for the bank’s female customers, offering com-
service benefits or termination indemnity. Can plete privacy and comfort while conducting they con-
you please confirm this? duct banking transactions.
Fajer: Article 51 of the Kuwait labor law before In line with the bank’s mission to meet the needs of
amendment explained the end of service/termi- its wide range of customers, Al-Jahra branch has been
nation indemnity calculations, and then stated designed to provide its services to special needs cus-
that “the provisions of the social security law shall tomers with different disabilities through the adoption
be taken into consideration in this regard, and of modern and updated facilities that provide a range of
the employer shall pay the net difference services for those customers in need of special assis-
between the amounts accrued due to the sub- tance. The initiative is part of the bank’s overall effort to
scription of the worker in the social security and provide an integrated service that accommodates its
to the end of service benefit”. customers’ wide array of needs. mirrors our approach towards enhancing and further delivery of robust banking services across all our
This statement now has been replaced with The official celebration was attended by an extensive developing our banking services.” branches. This also includes choosing strategic locations
the following (rough translation as there is no number of public figures, being senior officials from the Rafie also noted that “The new branch in Al-Jahra has that are in line with our customers’ demographic
official English version yet): “The social security Governorate of Al-Jahra including the Head of Al- been developed to meet our customers’ banking changes in an effort to reach out to them in a timely
laws should be taken into consideration, and the Naeem District - Talal Mandeel Al-Qahs, and Colonel demands, a core part of our commitment to ensure the and professional manner.”
employee is entitled to his/her full end of service Mohammed Fahad Al Ajemy, Commander of Al-Jahra
benefits without deducting any social security District, as well as a number of Al-Jahra Co-Op’s board
amounts”. This makes a huge difference for
Kuwaitis or GCC nationals in Kuwait that are reg-
members. AUB’s Executive Management representatives
were present to welcome the guests, including Richard
Failure to register for conscription subjects
istered under the social security scheme in
Kuwait.
Groves - CEO, Moataz Al-Rafie - Senior Deputy CEO,
Banking Services Group, Ranjan San - General Manager
citizens to punitive measures: Kuwaiti Army
So to answer your question, not all amounts Retail Banking, and Naqeeb Ameen - Human Resources KUWAIT: Kuwaitis born on May jects a person to punitive meas- ments are not subject to statutes
due from an employee to an employer cannot General Manager. 10, 1999 or later are urged to reg- ures as mentioned in the National of limitations, and are considered
be deducted - they can if you have debts due Qahs congratulated the bank on the new opening. ister for conscription within 60 Military Service Law. These meas- crimes of misconduct that dis-
and so on. He said, “We congratulate you and ourselves as resi- days after they reach the age of 18 ures include adding an extra qualify perpetrators from public
dents of Al-Jahra Governorate with the official launch of in order to avoid penalties, the month to the one-year basic serv- jobs and other basic rights, the
45 days your new branch. We will always remember the under- Kuwait Armed Forces said in a ice period, adding two extra statement warns.
Question: Is it true that now we can take 45 lying role AUB has played in driving the national econo- statement yesterday. The registra- months in case of failure to The National Military Service
days off instead of 30 a year? my, along with providing an exceptional range of diver- tion can be made either at regis- respond to calls to complete pro- Law provides several guarantees
Fajer: Article 70 before the amendments used sified banking services to its customers that are com- tration centers around Kuwait or cedures to join conscription, fac- for recruits, including retention of
to state: “The worker shall be entitled to a 30-day petitive, and are welcomed by a large number of mem- online at www.kns.gov.kw, reads ing a travel ban as well as an arrest jobs in the public sector and full
paid annual leave. However, the worker shall not bers of the society.” the statement which was released warrant to serve up to three years payment of salaries during the
be entitled to a leave for the first year of work Moreover, Richard Groves also noted, “At Ahli United to the press by the Kuwaiti Army’s in jail and pay a KD 5,000 fine for military service, in addition to pri-
except after at least nine months of service for the Bank, we continue to work to maintain the bank’s lead- moral guidance and public rela- those who are over the legal age ority in employment in the public
employer. Official holidays and sick leaves during ership position amongst the Islamic Banking communi- tions department. of conscription, the statement sectors for those with job applica-
the year shall not be counted as annual leave. The ty in the country. Our strategy focuses on strengthening Failure to register within the reads. tions at the Civil Ser vice
worker shall be entitled to a leave for the fractions our relationships with our customers by providing top aforementioned timeframe sub- Conscription cases and punish- Commission, the statement notes.
year in proportion to the period he spent in actual tier banking services. The new branch launch in Al-Jahra
service, even the first year of service.”
Now it states (rough translation as there is no
official English version yet): “The worker shall be
entitled to a 30-day paid annual leave. However, Multiple arrests in
the worker shall be entitled to a leave after six
months of service for the employer. Weekends, police crackdowns
official holidays and sick leaves during the year
shall not be counted as annual leave. The worker By Hanan Al-Saadoun
shall be entitled to a leave for the fractions year
in proportion to the period he spent in actual KUWAIT: Hawally police arrested seven people while being
service, even the first year of service.” drunk and in possessing of drugs. The detainees include four
citizens, one of whom is a woman, two Asians and an Arab.
We can see two major amendments here:
Meanwhile, Ahmadi police arrested an Asian with nine
1. Employees are entitled to leave after six
envelopes that contain a material suspected to be drugs,
months instead of nine months. besides 13 other envelopes containing shabu and marijuana.
2. Weekends are no longer calculated in the Separately, Capital police arrested a bedoon wanted by the
annual leave. implementation department, as well as two Asians with 19
So to answer your question, employees are not locally made liquor.
entitled to 45 days annual leave, but now only
five days a week should be deducted from their Food hygiene
leave (while currently it’s common practice to cal- The number of violations discovered by the municipality
culate Saturday as a working day when it usually since they launched their current food safety campaign
isn’t). This will give the employee six weeks in reached 62. Head of Farwaniya emergency team Khalid Al-
total a year, if they are taking their annual leave at Radaan said the team carried out many campaigns on stores,
one go. restaurants, shops and kitchens to make sure of the safety of
I hope I have helped explain the law above. If food stored there. The campaigns resulted in issuing 18 cita-
you want to read more, it is available in the July 9 tions related to food hygiene, 44 for stores and signs, while 60
edition of the official gazette of Kuwait under law samples were sent to health ministry’s laboratory.
85 for 2017.
Should you have any questions or concerns, or Twitter user sentenced
you require a consultation, please email me at The cassation court upheld a 10 year jail sentence against a
[email protected] Twitter user, over a number of tweets he made. Detectives
arrested the suspect after uncovering his true identity.

Manpower authority denies plans

to set age limit for work permits
By A Saleh and Meshaal Al-Enezi mistic. Meanwhile, Emadi said “the selec- Municipal Council Osama Al-Otaibi said
tion of teachers to work at the Awqaf there is a recommendation to relocate
KUWAIT: Acting Director of the Public Ministry requires sharia qualification that Shamlan Marina from its current location
Authority for Manpower Ahmad Al- is suitable for the educational process, in in Sharq to an alternate location on
Mousa said the authority is continuing addition to the selection through an Mangaf beach, because it cannot be con-
to issue work permits according to interview committee of specialized per- trolled environmentally, in addition to
administrative decision (747/2015) that sons”. He said the precautionary suspen- increasing complaints regarding its clean-
was issued regarding permits and its sion of violating preachers does not liness. The move will also preserve the
amendments, adding that the authority have a pardon option, because it is not historical entity as well as the boats in it.
has not discussed the issue of banning considered a punishment, but it is taken
the issuance of permits to workers until the religious affairs committee Lights banned
below 30 years of age, especially since it meets to discuss preachers who are Minister of Commerce and Industry,
is not the only department concerned under suspicion. Separately Director of State Minister for Youth Affairs and
with issuing such decisions. Recent manpower resources at the education Chairman of the Public Authority for
reports had suggested that state depart- ministry Saud Al-Juwaiser said bedoons Industry Khalid Al-Roudhan issued a
ment concerned with labor affairs were have been employed as members of the decision to ban the import of spotlights
mulling a decision to suspend the education faculty in the required special- because they waste power.
issuance of work permits to foreigners ties, libraries and engineering. He said
who are under the age of 30. About the Gulf nationals are treated like expats but Fires
authorities’ completing a computer link- they receive preferential employment The engineering offices and consult-
age system to bring workers from India, treatment. ing houses union said it is keen on fruit-
Mousa said that after completing a link- ful cooperation with the Kuwait Fire
age with Egypt and making sure it is 100 Forged certificates Service Directorate (KFSD) to take sever-
percent successful, the linkage proce- A committee investigating forged al steps to limit fires in public and pri-
dures with India will start. certificates said claims that Education vate construction projects, with com-
Minister Mohammad Al-Fares found a puter linkage between departments to
Bedoons’ hajj way out of the issue are untrue and the issue licenses in cooperation with the
Awqaf and Islamic Affairs Ministry case is still at the board of the Public two sides within 24 hours. Union
Undersecretary Farid Emadi said the Authority for Applied Education and President Bader Al-Salman said a meet-
ministry has taken all measures to ease Training. ing he held with Director General of
hajj for bedoons this season, and is wait- KFSD Lt Gen Khalid Al-Mikrad resulted
ing for “good news” from Saudi Arabia. Marina relocation in an agreement over several issues to
He said the ministry was in communica- Chairman of the Reform and activate cooperation between the two
tions with Saudi officials and is opti- Development Committee at the sides in various fields.