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Who Oversees Work Authorisation in Kuwait?
Under Article 9 of Kuwait Labour Law No. 6 of 2010, a General Authority for Manpower was established as an independent public body with its own legal personality and budget. This authority operates under the supervision of the Minister of Social Affairs and Labour and is responsible for:
- Overseeing employment of the workforce in the private sector
- Recruiting foreign workers based on employer requests
- Administering the work permit and transfer system
All work permit applications and transfers are handled through this authority. As an expat, your employer will typically manage this process on your behalf, but you should understand how it works.
The Legal Requirement for a Work Permit
Article 10 is unambiguous: employers are prohibited from employing foreign workers without permission from the competent authority. This means:
- Your employer must apply for and receive authorisation before you begin work
- Working without a valid permit exposes both you and your employer to legal liability
- The Minister of Social Affairs and Labour has issued regulations specifying the procedures, documents, and fees that employers must submit
If your employer's permit application is refused, the refusal must be given in writing with reasons stated. Importantly, the law explicitly states that the amount of an employer's capital cannot be a valid reason for refusal — if it is, the refusal decision is automatically null and void.
No Discrimination in Issuing Work Permits
Article 11 contains a strong anti-discrimination rule directed at the Ministry and the General Authority for Manpower. It is unlawful for these bodies to:
- Discriminate or show preference between employers when granting work permits or transfer approvals
- Grant permits to some employers while withholding them from others under any pretext
The authority may suspend the issuance of work permits and transfers for organisational reasons, but this suspension cannot last more than two weeks per year, and it must apply equally to all employers — no exceptions are permitted.
This rule exists to ensure a level playing field for businesses and to prevent corruption or favouritism in the permit process.
Rules on Transferring Between Employers
Article 7 provides that the Minister issues regulations governing the conditions under which workers can transfer from one employer to another. As a foreign worker, transferring jobs in Kuwait has historically been subject to the kafala (sponsorship) system, which ties your residency permit to your employer. Understanding the official transfer process is essential before you attempt to change jobs.
Key practical points:
- Check with the General Authority for Manpower about current transfer rules before leaving your employer
- Do not resign and begin working for a new employer before the transfer is formally approved
- Failure to follow the correct process can jeopardise your residency status in Kuwait
Part-Time Work for Foreign Employees
Under Article 7, the Minister also issues rules on whether foreign workers can take on part-time or secondary employment with a different employer. In general, working for a second employer without specific authorisation is not permitted. If you are considering freelance work or a second job, seek formal approval through the General Authority for Manpower first.
Employer Reporting Obligations
Under Article 8, every employer in Kuwait must:
- Notify the competent authority of their workforce needs
- Submit an annual report stating the number of employees currently working for them
- Use the official forms and comply with conditions set by the Minister
This reporting system is part of Kuwait's effort to manage labour market data. It also means the government maintains records of all legally employed foreign workers.
Who Is Excluded from This Law?
Under Article 5, the following categories are not covered by this law:
- Workers covered by other specific laws (such as government employees)
- Domestic workers (housemaids, drivers, nannies) — who are regulated by separate ministerial decisions
If you work as a domestic worker, your rights and obligations are governed by a different legal framework. You should seek advice specific to your situation.
Practical Tips for Expat Workers in Kuwait
- Never start work before your permit is confirmed — ask your employer for written proof of authorisation.
- Keep a copy of your work permit (Iqama) and ensure it is renewed on time by your employer.
- If you want to change jobs, follow the official transfer process — do not assume that a new offer letter is sufficient.
- If your employer's permit application was refused, ask for the written decision and stated reasons.
- Report any suspected discrimination in permit handling to the General Authority for Manpower.
- Remember that domestic workers have separate rules — this law does not apply to your situation if you work in a private household.
Key Takeaway
Legal employment in Kuwait requires formal work authorisation through the General Authority for Manpower. Understanding the permit system, your rights against discriminatory refusal, and the rules on job transfers will help you navigate Kuwait's labour market with confidence.