Question: Othman has been the Marketing Manager at a major ISP company in Kuwait City for over 2 years. He is a Muslim and has never completed Haj rituals before. He feels that he is in good health and has enough money to complete Haj. He applies for Haj leave but it is rejected by the company. The company tells him that Haj leave is not included in his employment contract. The HR Manager jokingly tells Othman that he is young and has plenty of time to complete Haj in the future. In fact, there is a project coming up and the company needs Othman to stay in Kuwait. Advise Othman.

Answer (using the IRAC model)

Issue: To establish whether the company can reject Othman’s request to complete Haj rituals.

Rule/Law: Law No.6 of the year 2010 CONCERNING LABOUR IN PRIVATE SECTOR, (Article 76)
In the present case, the company has rejected Othman’s request for Haj based on his employment contract. Kuwait’s Labor law governs all employment contracts in the private sector. The contract between Othman and the ISP company can be characterized as express, valid, and legally binding.

Applicability: As per the facts, Othman has completed just over 2 years at the ISP company. It is also evidenced that Othman is a Muslim, and he has not completed Haj rituals in the past. Therefore, the requirements outlined in Article 76 have been satisfied.

Conclusion: In accordance with Article 76 of Kuwait’s Labor Law and in terms of the case particulars, Othman is entitled to 21 days leave to complete Haj rituals. Othman should consider the company’s actions a breach of contract.

Solve the following case studies in light of Law No.6 of the year 2010 CONCERNING LABOUR IN PRIVATE SECTOR

1. Lujain owns and manages Angelina, a successful and profitable salon in Jabriya. Her lead Makeup Artist Mona is pregnant. Mona sends Lujain a request for maternity leave. Lujain rejects her application and instead, advertises Mona’s position on Instagram and LinkedIn. Lujain then terminates Mona’s employment contract. Advise Mona.
2. Elissa, a Lebanese national is hired as a Manager at a bank in Salmiya. Her salary is 1000 Kuwaiti Dinars. Elissa is single. A year later, Elissa discovers that Amir, a Tunisian who is also single and a Manager at the same bank in Kuwait City, is getting paid 1500 Kuwaiti Dinars for doing the same job. Elissa and Amir have similar qualifications and work experience. Elissa sends a request to the bank to increase her salary. The bank rejects Elissa’s request, stating that she is a woman and that according to her employment contract, she is only entitled to 1000 Kuwaiti Dinars. Advise Elissa.
3. Hassan has been hired at a small pet shop in Hawally. His probation period is set at (200) days in his work contract. His contract has not specified the nature of his work in full, nor does it detail his wage. He asks for the contract to be amended, but the shop owner states that Hassan signed and agreed to the work contract. Advise Hassan.

Sample Solution