The Executive Regulations of the Kuwaiti Labour Law No. 6 of 2010

If you are an employer or worker in the private sector in Kuwait, you likely need to understand how the provisions of labour law are applied in practice. The Executive Regulations of the Kuwaiti Labour Law No. 6 of 2010 are the instrument that transforms legislative text into daily procedures within the ministry and before the courts.

Quick Answer

Labour Law in the Private Sector No. 6 of 2010 was followed by a series of ministerial executive decrees—not a single unified regulation—issued by the Minister of Social Affairs and Labour (and later by the Public Authority for Human Resources after its establishment under Law 109/2013). These decrees regulate the details of leave, working hours, labour transfer, work permits, and end-of-service gratuity. The official reference is the official gazette "Kuwait Today" and the website of the Public Authority for Human Resources.

What is the Nature of the "Executive Regulations" Here?

A point many people get wrong: there is no single text called "The Executive Regulations of the Kuwaiti Labour Law No. 6 of 2010" similar to what we see in some Arab countries. The Kuwaiti legislator chose a different approach.

Article 149 of Law 6/2010 delegated to the competent minister the authority to issue the decisions necessary to implement its provisions. Based on this delegation, dozens of ministerial decisions were issued, each addressing a chapter or specific topic. Some are older and remain in force, while others are recent and have amended or repealed earlier ones.

Following the issuance of Law No. 109 of 2013 establishing the Public Authority for Human Resources, the authority to issue decisions was transferred to the Chairman of the Board of Directors of the Authority in most regulatory matters relating to migrant workers and work permits.

Therefore, when a lawyer or labour inspector asks you about "the regulation," they usually mean the ministerial decision dealing with that specific subject—not a single document.

Key Executive Decisions You Should Know

These decisions form the backbone of implementing the Executive Regulations of the Kuwaiti Labour Law No. 6 of 2010 in practice:

• Ministerial Decision No. 378 of 2010: Concerning rules and procedures for issuing and renewing work permits for migrant workers in the private sector [1].
• Ministerial Decision No. 198 of 2010: Concerning forms related to the implementation of labour law provisions, including the unified employment contract form.
• Ministerial Decision No. 442 of 2010: Concerning rules for transferring workers from one employer to another.
• Administrative Decision No. 552 of 2018 issued by the Public Authority for Human Resources: Concerning procedures for closing files and transferring workers.
• Successive decisions by the Chairman of the Board of Directors of the Authority: Regulating work by minors, night work for women, and prohibited professions.

Each decision is published in "Kuwait Today" and has a gazette number and date. Do not rely on a version circulating in WhatsApp groups—consult the original text.

Note: Some decisions have been amended more than once. Decision 378/2010, for example, underwent significant amendments in subsequent decisions concerning visa renewal fees and transfer conditions after three years. Always check the latest version in force.

Where to Find Official Texts?

Only three reliable sources:

1. The Public Authority for Human Resources website (paci.gov.kw and the Authority's portal): Recent decisions and forms.
2. The Official Gazette "Kuwait Today": The binding legal reference. Any decision not published there is not legally enforceable.
3. The National Assembly website (Legislative Archives): The complete text of Law 6/2010 with its amendments.

Avoid commercial websites that publish "Executive Regulations" as a single PDF file—they are usually compiled by private offices and may contain errors or repealed provisions.

For more on labour law texts, see Labour Law Questions.

What Do These Decisions Actually Regulate?

The substance of the Executive Regulations of the Kuwaiti Labour Law No. 6 of 2010 revolves around five main areas:

First: Employment Contracts. Their form, language (Arabic primarily with translation if requested), mandatory information, and probation period (maximum 100 days under Article 31 of the Law).

Second: Wages and Working Hours. 48 hours per week, 8 daily, reduced to 36 hours during Ramadan for Muslims under Article 65. Overtime pay is 25% for daytime hours, 50% for night work, and 100% for rest days and official holidays.

Third: Leave. 30 days annually after nine months of service (Article 70), graduated sick leave, maternity leave of 70 days, Hajj leave once during the employment for 21 days.

Fourth: Termination of the Relationship. Two months' notice for monthly salary contracts, compensation for wrongful dismissal, and calculation of end-of-service gratuity: 15 days for each of the first five years, then one month for each subsequent year (Article 51).

Fifth: Migrant Workers. Work permits, transfers, file closure, and prohibition of charging workers any amounts for recruitment.

Each of these areas is detailed in separate ministerial decisions. This is why a Kuwaiti labour lawyer typically carries a complete file of decisions, not a single text.

When Do You Need Legal Counsel?

Labour disputes in Kuwait are heard before the Labour Division of the Primary Court, and workers are exempt from court fees under Article 147 of the Law. However, before court, one must go through the Labour Relations Department at the Public Authority for Human Resources to attempt amicable settlement within a specified period.

If your dispute concerns end-of-service gratuity, dismissal, or non-payment of wages, the texts are clear but their application requires knowledge of the executive decisions relating to your specific situation. A small difference in the contract termination date or type (fixed-term or indefinite) may completely change the outcome.

References

[1] Law No. 6 of 2010 concerning Labour in the Private Sector, published in the Official Gazette "Kuwait Today," Issue 963, February 20, 2010. [2] Law No. 109 of 2013 establishing the Public Authority for Human Resources. [3] Ministerial Decision No. 378 of 2010 and its amendments, Public Authority for Human Resources. [4] Official website of the Public Authority for Human Resources—Electronic Services Portal.

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