Employment Law Assignment: HRM205, Second Semester 2018-2019

This document presents a completed tutor-marked assignment (TMA) for the HRM205 Employment Law course. The assignment addresses key aspects of labor law, including the rights and responsibilities of unionized employees, the categorization of labor law into individual and collective aspects, and the role of labor unions in advocating for employee rights. The solution provides an overview of the Kuwait Labor Law, detailing its application, scope, and specific provisions related to employment contracts, working hours, leave, and the rights of foreign employees. The document includes references to relevant sources and follows the required essay format, demonstrating a comprehensive understanding of the subject matter and providing valuable insights into employment law principles and their practical application within the context of Kuwait's legal framework.

Labor Law

Table of Contents
Question 1..................................................................................................................................2
Question 2..................................................................................................................................2
References..................................................................................................................................3
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Question 1
Labour law is mainly concerns with the responsibilities and rights of unionized employees.
The law can be applied to significant matters such as remuneration, employment, working
conditions, industrial relations, and trade unions. The labor law can be categorized as
individual and collective. The collective labor law consists of the relationship between the
employee, employer, and union. Individual labor law includes concerns for the rights of the
employees in the workplace. The law empowers labor unions by providing them the required
rights and responsibilities. The unions can make negotiation for convenient hours, improved
workplace safety and better pay (Estreicher and Bodie, 2016). The leaders should treat fairly
the union members and support their rights to vote, assembly and speech. The employers
have to follow the rules and regulations while dealing with union members. The labor law
can refer to a set of standards for wage laws and working conditions. It deals with the
collective relationships and statutory requirements that are significant in mass-production
communities, the legal relationship between the state and economic interests and various
obligations and rights associated with different types of social services. Labor law sets
required standards for both employees and employers within the workplace. The rights of the
employees are being protected and set forth the responsibilities and obligations of the
employers. Labor law primary functions are to provide equal pay and opportunities,
employees’ mental and physical safety and wellbeing and workplace diversity. The
government implements the labor law for providing protection to the employees within the
organizations.
Question 2
On 1st August 1964, Sheik Jaber Al-Ahmed issued the Kuwait Labor Law. The Ministry of
Social Affairs and Labor has enforced the law. It was being created for regulating the
workforce within the private sector. The law is being applied to all the private sectors except
to the domestic servants, workers working not more than six months and workers on the
temporary contractors. The private sector law is not applicable to the employees whose head
office of the employer is located outside Kuwait. If an organization has a branch office within
the country then the law is applicable. The employment contract consists of terms of service
of the employees (Kuwait Labor Law, 2019). An indefinite or fixed service time can be
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provided to the employees by the employer. Commissions, basic pay, incentives, obligatory
bonuses, gratuities, and other benefits need to be included in the remuneration. Minimum
wage is not be explained under the private sector labor law. The employer has no right to
force their employees to purchase the products that they manufacture. 48 hours per week and
eight hours per day is the working hour for the workers. A week leave need to be given per
week. The employees can take 14 days to leave each year. Sick leave is provided after
providing medical leave. The employers cannot employ foreign employees without the
permission of the competent authority. The employment contract needs to be written in the
Arabic language. The employer cannot terminate the employees without any reason. The
rights of the employees need to be safeguarded by providing them his or her wages, safety,
and appropriate working environment.
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References
Estreicher, S. and Bodie, M. (2016). Labor Law. 4th ed. St. Paul: West Academic.
Kuwait Labor Law (2019). Kuwait Labor Law. [online] Kuwait Labor Law. Available at:
https://www.kuwaitlaborlaw.com/ [Accessed 7 Apr. 2019].
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