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Is DoD asleep on the job in Kuwait too?

I have been getting regular complaints from Americans working for LOGCAP contractors in Kuwait. The complaints are primarily about DynCorp, but Combat Service Associates are getting their fair share.

Let ‘s start with DynCorp. DynCorp has been sucking up former KBR managers faster than they can be convicted. At this stage of the game I find it interesting that any company would be picking up any manager from a LOGCAP contractor that has so many civil suits, criminal convictions, ongoing criminal investigations, countless DoD investigations and who knows how many Congressional investigations. Who would want to bring that negative management style into their company. Although DynCorp is not new to management issues, at least what I saw and heard about when I was in the Green Zone from 2004-2006. DynCorp had a badging contract I believe for the Department of State (DoS) and one of their badging officers was selling/giving away DoS Badges evidently so people could use the DFAC and pool at the Republican Palace also known at that time as the US Embassy. Hmmm what’s the security issue there?

Here is a comment I received from a concerned DynCorp employee.

I have to tell you I made a big mistake in crossing over with DynCorp. There are several issue we have to deal with on daily basis. One, there are several employees that have not gotten paid for several weeks or months including myself. Dyncorp is a month behind in paying perdiems to employees that have no DFAC or means of getting any food. We all have to use our own money for most of everything even thought it says on the LOA’s that food is covered. Well that is if you do have a LOA.

Did you know that for a week or more there were a lot of employees that put 12hours
on their time sheet and stayed home because there CAT (CAC perhaps) Cards were not active even
thought they are not being scanned in at the ECP’s gate to get in. Just about everyone CAT Card is inactive after June 12 2009 the end of Task Order 147. There are a few that I know of that do not even have a CAT Card at all and is working on
the base and site.

As far the Bus drivers they are TCN’s and they are driving with expired or no Identification at all, some employee are forced to rent there own car’s or pay for taxi to get to and from work. In most cases we are working over time and told that we cannot put this on our time sheet because Dyncorp does not recognize overtime unless approved. Supervisor and Foreman’s are making changes and corrections to employee’s time sheet without there knowledge after they have been signed and turned in.

Some employees are allowed to Hit, Threatened and Disrespect there fellow coworkers and nothing is being done about it. Victimized employees in most cases are too afraid to come forward and when they do they are threaten with termination or they get fired.

In most cases “Looks Like The Same KBR All Over Again”.

Here is a comment I received from a CSA employee.

CSA, Ltd. in Kuwait has nothing on KBR, you have employees that drive company vehicles with no Kuwait Driver’s License, change employee timesheets, and come to work on and go to college online everyday. She stills has a job. Now, CSA needs to be investigated, also.

The camp in question is KNB and the department MWR. The supervisor there goes home sick, but does not put sick leave down. The manager has committed timesheet fraud on various occasions and I have exact dates. they tell you that they need you to work OT, but when timesheet turn in comes around, they cross out the hours and put your initials down, without you knowing abut it until pay day comes around. U cant go to ER because the ER person is friends with the manager and supervisor.

What is going on with this changing of time sheets after that have been signed and submitted? What in the hell is this signing someone else’s initials? That timesheet is a legal document. Any lawyers in the house?

Here are my “recommendations”:

1. Use the reporting system in place even if it doesn’t work. Such as local Human/Employee Relations departments. Document…Document….Document. Use email only. This way if it ever goes to court, and it sounds like it will,  you have a record. If someone responds to your email with a phone call or a face-to-face conversation, summarize the conversation in an email and send it to that person. I’d stat it something like this: “To follow-up with out recent (type of) conversation on (date) at (time) I just want to make sure I understand you correctly.” And then summarize the conversation. Ask them to resspond to the email if there are any corrections to your summary.

2. Contact the Ethic Hotline via email. Document…Document….Document.

DynCorp Ethics Hotline is: hotline@dyn-intl.com

CSA Ethics Hotline is not listed on their website. If you have that information send it to me so I can update.

3. Contact the DoD Inspector General. Even if it doesn’t get investigated immediately, the call gets logged. Maybe your call combined with other peoples calls paints a bigger picture for the DoD. I recently did a post on how to contact the DoD IG click HERE for that.

If my readers will send me Ethics Hotline information for their LOGCAP companies I will do a post of just that contact information.

If I were a betting person…..I would guess that CSA and DynCorp are knee deep in former KBR managers. This just sounds like same shit different company. And the DoD is letting it happen. And to top it all off those brilliant Generals that lead the DoD (and the LOGCAP contractors) are actually expecting a different result.

I guess I’m never going to run out of things to blog about.

Ms Sparky

my image

385 Comments

  1. Comment by Ray Simmons:

    Dream on Ultra; not even close. It is possible csa may be extended again. If all was reported by all you “heard” things, this site would implode. My sources inside, positioned in sensitive depts that touch all areas on the contract, agree, csa may be extended again.

    To: someonecurious. A misdemeanor will not harm your chances for employment.

    • Comment by walt:

      CSA is Kaput Ray. It is going away. The scumbags will now be the ones to suffer… gravy train is over the dumb SOBs have to find work they are qualified for. Mainily janitors and fast food

  2. Comment by whatever:

    Ms. Sparky,
    There are plenty of dope smokers on CSA’s contract and I can provide names and where they stay at in CSA housing where they spark up at in their company provided housing. There is government furnished property on bases that is tagged with one serial number but can’t be found, but a similiar item’s serial number is scratched off and retagged as that item. I seen it with my own eyes done by the property custodian Agnes Ibe. There are green card holders that utilize the APO on a daily basis and I have evidence of this. When you need a runaway housemaid that can be done to. I have let the DoD, the U.S. Department of state, and every other agency know this and provided them evidence. If people want to know about this Ms Sparky has my contact information and will get you in touch.

  3. Comment by Anaconda:

    I need the e-mail from Whatever. Anything on Camp Buehring financial screw up?

  4. Comment by whatever:

    How many times will CSA cover up things and the DoD allow them? You had one person who employed and housed a domestic worker with an expired work visa. In kuwait this is a crime itself. Why didn’t CSA report this to the Kuwait authorities or to CID? WHy didn’t CSA report to the DoD or CID that one of their employees used a false name to gain employment and obtained a CaC Card? This is a punishable offense under U.S. Federal Law. WHy are non U.S. passport holders using the APO’s in Kuwait to receive/send mail when it is clearly stated that only U.S. passport holders can receive/send mail? I understand there are green card holders that serve our country in the military, but apply for your citizenship. You can do that much faster while in the military. APO/FPO use is a DoD regulation. CSA/AECOM employees’ direct your questions to those that are in charge through email or other ways of communication. Chuck Hawkins is the head of HR and his email is chuck.hawkins@csakuwait.org. William Gibson is an internal auditor and his email is william.gibson@csakuwait.org. Gilda Malek is a representative of AECOM in San Francisco and her email is gilda.malek@aecom.com. Also, try Lance Kreul @ lance.kreul@csakuwait.org. If you don’t feel comfortable using your own name, make up a fictious email address.

    • Comment by whogivesahoot:

      What color is the sky in your world? No one in or outside of CSA gives a crap about you or anyone else. You can quote scripture and verse about HR policy’s and who to contact but take my word nothing will get done. The Employee Relations department is the about as functional as senile cat. That is one section that needs to all get fired! They have cases that are still open that they cannot or do not have the brain power to close all those open cases.
      ER has one dysfunctional employee who has the intelligence of a house plant, maybe not even that smart that cannot close a toilet seat!
      A few weeks ago a mass class was held for all employees on human trafficking what a load of s*it that was! They need to find first all the CSA employees who are pimping ladies out of their CSA housing before they preach to you about not being involved or bad mouthing the Kuwaitis for their human trafficking screw ups!
      The whole lot in HR as as useful as screen door on a submarine! Their suggestion to close out my case is for me to call HR and go up the chain, why? The chain is attached to a toilet and all you will get is a s*it load of excuses why it cannot get done! I was even told to take my complaint to the head honcho Mr. Poteit.
      Mrs. Sparky, all of CSA HR section is useless and good for one thing, taking up space. Those of you with complaints or actions against you forget ever getting CSA to solve your problem the cannot even follow their own POP for conflict resolution and you want them to help champion you? A trained monkey would be a better advocate them anyone in the ER or HR department!

      • Comment by julesstyles:

        I agree with you, the classes were held just to cover their ass, but in their findings, they said that human trafficking didn’t take place in regards to CSA employees’. So if human trafficking didn’t take place in CSA, why were the classes held. This stuff has been going on for years.

        • Comment by whogivesahoot:

          CSA has POP’s for just about everything under the sun even wiping your butt! Totally agree with you, the mass classes was practice in futility! No one cares about human trafficking, if CSA did give a damn all the pimps and alcohol distributors who work for CSA would be long gone! Who gives a damn in CSA, no one!
          Check with some of the managers who have a live in “falapino” house maid and see if they are runaways or they are legally hired to work, I doubt it!
          The classes we have been going to is just so CSA covers its ass, nothing more. Now they can say to the Army “see we are compliant with the contract.” It is the “good old boy” net work in its finest, except you have to check the ring on their fingers and the year the graduated from a service academy!

          • Comment by julesstyles:

            I do know of some people who got terminated from CSA for Human Trafficking or just in CSA eyes “employing and housing a domestic worker without a valid visa for Kuwait”, but CSA did not or will not report this to the military. I got the proof. All in all, nothing is going to happen unless the government takes it seriously and then CSA will step in to grease some palms.

          • Comment by Keven Barnes:

            Yes, so you can see if they are in the fine upstanding class of Major Woolverton, Cockerham, Momon ? Except that filipina you speak of would be too old for Woolverton.

          • Comment by Smell the Coffee:

            I’m just wondering? 90% of CSA employees live in company housing…. and have “room mates”. In many cases, several room mates.
            The “mass classes” given on ITAR/TIP and Harassment are mandatory classes directed by the USG. In these classes they CLEARLY state that if an individual KNOWS of a violation, such as hiring a maid without proper documentation, they should report it. (Does PERSONAL responsibility sound familar?)
            In fact, NO EMPLOYEE should be hiring or even co-habitating with a female in Kuwait unless that female is their legal spouce. Adultery is illegal in Kuwait.
            But, if your room mate IS breaking these rules, they should be reported, if doing the right thing is in your make-up.
            Those CSA employees that have family in Kuwait and are hiring maids that are not CLEAR and LEGAL, again, report it if you know about it.
            But it isn’t CSA’s job to go around to each housing development setting up “sting” operations to see if employees are sneeking girlfriends into their apartments.
            It’s a matter of SELF accountability.
            Employees have been fired for doing these things on the contract, but only when the offense was REPORTED to CSA so it could investigate and take action!

        • Comment by More than 3:

          They hold the classes because its a company requirement. Just like every large company, you have be trained in subjects like this to…yep…cover their asses. The company (like all large companies), couldn’t care less if their employees know what human trafficking is or not. They “train” their employees about these things to show the goverment (and public) that CSA is taking an active role to prevent it, and in the event that an employee gets caught doing it they can show the employee was trained NOT to do it. Pretty simple.

        • Comment by rookie:

          ITT has it being done also!!

      • Comment by Keven Barnes:

        Actually all of you CSA are trafficked anyway and under contract “legally” to KRH, not CSA. Go get your contract from the ministry. If you get injured are you sure you have DBA insurance. Only when it is too late will you learn. You have been trafficked not too much unlike what you just went to school on.

        • Comment by julesstyles:

          Keven,
          CSA western expat workforce are sponsored by Al Ahlea Circle Cleaning Company and the eastern workforce are sponsored by KRH. Basically, Al Ahlea employs the bengali cleaners on the bases in Kuwait and CSA pays them no matter if they work or not. When I was in the finance department one time, reconciling some BPA receipts, I saw a check for over 5000KD that was for 12 cleaners and 1 supervisor. Mind you, the cleaners get paid roughly around 50-70KD per month, so the math doesnt add up

          • Comment by Keven Barnes:

            Jules, I interviewed one of those cleaners and what they were being paid worked out to 17 Cents per hour.

            Isn’t our Government great – it pays contractors to have slaves on Camp Arifjan cleaning the offices and now you can look to General Bass as the guy responsible for slave labor on the camps. 17 Cents Joe.

            The math doesn’t add up because the numbers you say are far too high. I work it out to 30 – 40 KD per month. The rest you describe is profit allowed by the U.S. Army with some kickbacks built in and to pay for the off-base villas and delivery of the safes.

        • Comment by Smell the Coffee:

          What a rediculous statement.
          I’ve been injured on the job, Disability was paid and when I recovered and was cleared by a doctor to return to work, I returned with no issues or complications.
          CSA insurance paid 80% of the claim.
          My check was deposited ON TIME every payday.
          Unlike the TCN’s in Kuwait (and working for all the US contractors), my paycheck is very nice and always on time. Kuwait Reconstruction House has ABSOLUTLY NOTHING to do with my contract or pay, they are simply a company utilized by CSA (and other contractors) to meet the requirments of Kuwaiti sponcership laws.

  5. Comment by julesstyles:

    A CSA employee indicted on a federal charge for an accident in Kuwait.
    http://citizensvoice.com/feds-indict-u-s-army-contractor-in-death-of-local-navy-reservist-1.908821

  6. Comment by Request Assistance:

    BOTTOM LINE ABOUT Combat Support Associates: The management and those criminals we euphemistically refer to as “Leaders” are to blame for the problems at CSA. Here is my recommendation for fixing the problem:

    1: TERMINATE the three morons at the top of the food chain at Camp Arifjan: Security Director (Levy), Security Manager (Hopper), Operations Manager (Turja)–place them on persona non grata status

    2) Place Jimmy Wilson from Camp Buehring on Persona Non Grata Status (allegedly, he will just take another job in the country and “start his “club” all over again)

    2) TERMINATE Security Manager (Hopper) and either send him straight to Bellvue or send him home and place him in persona non grata status. He is a danger to himself and others and don’t forget to place him on Persona Non Grata Status

    3) Terminate Scheppers, McClean, Hulin, Moore, Kearse and LeSane (from Camp Arifjan/Jabriya)–they should have been terminated a long time ago for past violations of EEO laws and installation policies and place them on Persona Non Grata status

    4) Replace the Security Director with the Deputy Director (M Holmes). Replace the Security Manager with LT Grant. Replace the Operations Manager with SGT Zupo (he may be annoying, but he is fair to his employees and holds them accountable)

    5) Open a new promotion board headed by the personnel in #5 and submit LT & SSG) promotion packets for (Jordan, Torres, Lundy, Cruz (male and female), Ayala, Baisden, FTO Jones, Robinson (the one on A-1, not the one on A-2), Blanding, and Miller as a baseline for strong, fair, and deserving shift leaders who know their jobs and know them well)

    6) Send the Training idiot (Carson) home and replace him with LT Vega; contrary to what some are saying; he is extremely competent

    7) GET RID OF THE ENTIRE HR STAFF starting with (nose picker) Chuck Hawkings-they are inexperienced and biased and play a huge part in the ER complaints that are being now spilling over into Ms Sparky’s website……

    This a good start..in my personal opinion….

    • Comment by wmo:

      I will 100% agree with you. I worked for CSA from 2006-2007 and I hated every second I worked for that company. I have been in Kuwait’s private sector ever since I left CSA.

      FYI Marvin Levy and his brother have their own loan sharking operation going on in Kuwait. They give Flips loans then take their passport until the total amount + the vig is re payed.

      Marvin you shouldnt trust a flip with that kind of information.

      They also harbor illegal asian women (Human Trafficking) in rented apartments, give them money and take all their documents.

      Top that news and its not speculation its 100% fact.

      • Comment by CSA Victim:

        Dude!! Scan the proof and send it to HOTLINE@DODIG.MIL better yet tell the FBI or contact AECOM Levy belongs in prison getting back doored by a guy like Hopper he looks a little light in the loafers, if you ask me!!! [Hey Hopper if you wear a man-dress theyll gett better access] doood, man, doood!

      • Comment by Smell the Coffee:

        Maybe the next time you could refer to them as Filipinos?
        Flip is a insulting as using the “N” word.

      • Comment by Rikki:

        wmo,

        You are probably right about Levy but lost all my respect when you referred to Filipinas as Flips. I am more than 100% certain you have one yourseld unless you was GAY.

    • Comment by walt:

      Send Allen,strickland, Anderson, Carter, and Sallam down the tubes also they are from LSA. Make sure you investigate them all first. And fine them for any problems found.

    • Comment by M Wardlaw:

      Request Assistance, would you happen to know how to get in contact with FPO Jordan?

  7. Comment by Loving CSA:

    I really use to think KBR was dysfunctional until I came here. Glad to know I am not the only one.

  8. Comment by wmo:

    Not to worry much longer, Darrell Crawford along with US4 are supposed to come out ahead in the bid for KBOSSS Contract very soon so mas salama to all you CSA managers.

    I will bid you all farewell (Chicken or beef bitches)

  9. Comment by beardiron:

    Did any of you catch the Jan 2010 edition of SOLDIER OF FORTUNE? A former CSA FPO wrote an article about working for them. Back copies are available from sofmag.com

  10. Comment by TIME FOR A CLASS ACTION LAWSUIT AGAINST CSA!!!:

    There is a form that is being distributed to personnel who work for CSA that is notifying certain individuals that they are not going to be allowed to re-contract at the end of the contract (30 September 2010).

    i doubt that it has been seen by an attorney, and it is given to company employees by Mr. Levy and Mr. Hopper so they can get rid of them. A lot of them complained to Employee Relations (who are sleeping on the job, too, it seems), about being harassed because they are 1) too old 2) of a different color 3) because of gender.

    There doesn’t seem to be any solid reasons (i.e. violations of policies IAW with the Disciplinary Matrix) for not recontracting the personnel who are receiving these letters.
    Oh, but employees like McClean, who was having an inappropriate meeting with a civilian employee in his car is being allowed to re-contract, when there should have been an investigation into the incident!

    Mr Hopper, who plans on bringing all of his “buddies” into the company and wants to get rid of those employees who don’t fit his idea of the “right kind of person” (ie, young, male and white) to work for CSA.

    Moore, who is having an inappropriate liaison with a female FPO (who was literally stripping to rapper music in the back of the bus on the way home the other day!)

    Oh, no…they are being allowed to stay on the contract!

    Mr Levy and Mr Hopper DO NOT HAVE THE COMPANY’S BEST INTERESTS AT HEART! DON’T YOU GET IT? They should be terminated immediately, all they are doing is feeding a CLASS ACTION LAWSUIT HEY! for all of those affected CSA employees! GET TOGETHER! LET YOUR VOICES BE HEARD! HIT THEM IN THE POCKETBOOK, BECAUSE IT IS ALL THEY UNDERSTAND!!!! Are you hearing this Todd Kelly? Are you ready to make more money off of these BOZOs who JUST DON’T GET IT?? http://www.kellylawfirm.org/

    “No man is above the law, and no man is
    below it. Nor do we require any man’s
    permission when we require him to obey it.”

    Theodore
    Roosevelt

    • Comment by joshua farrell:

      Just want to know how things are going with ITT. Hey I was not allowed to recontract with csa in april of 2010 despite the fact that I did nothing wrong in accordance with the matrix. Now I am working for allied barton on a boeing contract and have joined the suit against csa. Let me know how you are doing

  11. Comment by What!:

    I don’t think I follow you; isn’t it an “at will contract” with the employer holding the option to re-new a contract and letting an employee go and vice-versa? What’s the lawsuit going to be based on? Aren’t you all on an overseas payroll and wouldn’t you all have to go through a Kuwait court and not U.S.? Why don’t you guys and girls get video evidence, or written e-mails to substantiate what’s happening? I don’t doubt there is some serius morale issues and favortsim but I don’t see any action from you all.

    • Comment by Answer to "What's" question:

      Thank you!! Finally, SOMEONE ASKED THE MAGIC QUESTIONS Allow me to answer that, if you will:

      DISCLAIMER: I am not an attorney, so the information provided is for consultative and educational purposes, only and not meant to construed as legal advice. If you feel you need legal advice, I suggest you contact a labor attorney one who deals in international law, or the EEOC to file a claim. (CSA needs a labor law attorney, too I really don’t think they have one on the payroll)

      At Will is a Common Law Doctrine (not an actual law) that may apply to some states in the U.S. but not all of them. CSA is owned and operated out of California, which is one of the most stringent states, when it comes to Employment. At-Will basically means, that an employer can terminate the relationship with an employee for any reason at any time, with or without cause and by the same token, an employee may leave a company for any reason at any time with or without a notice (it’s always a good idea to give one to avoid burning a bridge, though). MOST REPUTABLE companies have an Employee Handbook that outlines this and other employment laws that are required to be complied with by U.S. companies. Now, just because you live overseas, does not mean that you lose your rights as United States citizen. It also does not mean, that companies like CSA can treat a U.S. employee who works for a US company (Note: CSA Ltd is a Cayman Island company) differently just because they work outside of the United States. We are all still US citizens, with the same rights under the US Constitition, US law, etc.

      Now….let’s talk about contracts and CSA—CSA employees are just that, EMPLOYEES OF A U.S. COMPANY–they are not on a contract–and they cannot be “forced”, “coerced” or “threatened” into signing a contract (like the one they are trying to make people sign because they don’t want to re-contract them). In fact, Levy, Hopper, Turja, Moore, Kearse, LeSane…they are all company management, and are not authorized to create contracts for CSA–that’s what lawyers are for. Now, as a special note: he revised Civil Rights Act (1991), did 4 things: 1) It Shifted the burden of proof to the employer; so the employer has to show FIRST why they made the decisions that they made, and PROVE that it was in the best interest of the company, and NOT based on discrimination of protected classes. 2) It allows for jury trials, which means that employees can sue the company 3) It allows for for punitive (pain and suffering) and compensatory damages (back pay, etc) 4) Introduced “Vicarious Liability”, which AND PAY ATTENTION TO THIS PART, CSA MANAGEMENT–means a MANAGER or SUPEVISOR who discriminates against a protected class under the laws I discussed (and other laws we didn’t talk about)
      CAN BE SUED because he/she was acting as a representative of the company.

      Going back to At-Will, and to answer your question—there are certain things that nullify (make it worthless) the AT Will Doctrine–
      (Here’s more on at will http://en.wikipedia.org/wiki/At-will_employment)

      Asking an employee to do something ILLEGAL, for instance–throws that “at-will puppy” right out the door..

      The biggest one, though is DISCRIMINATION against a PROTECTED CLASS

      You should look up Civil Rights Act of 1964 and Executive Order 11246, this outlines who are considered “protected classes”–race, gender, age, national origin, etc…Now, states have added other protected classes to the federal list—like I said, CSA falls under California state law—but, if you are from a different state, protected classes from your state may be included as well.

      The company has to have written proof (called, the “Burden of Proof”) that whatever negative decisions (promotion, pay, position, termination, hiring decisions, etc) that the company (or it’s management/supervisors) make that affect an employees status with a company must be made for business reasons and it is absoultely necessary that the decision was not made or can be perceived as being made based on the a person protected status.

      Let’s give a hypothetical: Officer Pace Dunn, an African American female; wants to go to a promotion board-and is denied the ability to go. The first question is, why? If the answer is that she broke a company policy a year ago—but the companies’ policy states that employees can’t have a write-up within the last 90 days–then the company has to have a better excuse, because Officer Pace Dunn falls into 2 (maybe three, if she is over the age of 40) protected classes: Race, gender, and age).

      Now, the Age Discrimination in Employment Act (ADEA) protects anyone who is over the age of 40 from being discriminated against…

      Let’s do a 2nd hypothetical, shall we?

      Let’s say that you a 60-year old man, I’ll call him, SGt Bluto, who has been with the company for well over 5 years–is senior to the other SGTs in experience and time in his position and is wanting to be considered for oh…let’s say CAPTAIN OF THE GUARD…

      Well, if the job description states, that the individual has to be an 0-6 or above..but the person who is holding the position right now has less than that, and is younger than the 60-year old who should be the most eligible person for the position because–well, let’s just say he knows everything there is to know about the position and is the most logical choice—then it promotes the question–why is the individual NOT being considered? Now, let’s say that the company wants to hire someone OUTSIDE of the company.

      Let’s ask “WHY?”, again, shall we? If you have a fully quallified employee who has the potential to move up, you have to ask yourself or the decision makers, was/is there a business reason why the 60-year old would not be eligible?

      If it’s “because he is a pain in the rectum, and will hold us accountable”, well–that’s the wrong answer.

      Again, it is up to the COMPANY to supply the appropriate “burden of proof” to explain why the most qualified candidate (Sgt Bluto, in this scenairo) for the position was not chosen for the position in order to ensure that the company is NOT discriminating against a 60-year old man. If their reason is because, “I’m in charge”, well…not good enough, either–(but, it does put whoever made that decision a nice place on the chopping block when the company gets sued for violation federal EEOC laws)…nice going, putz….

      (Now, if they hire someone younger, and less qualified) then they would have another law aside from the other two I mentioned, that they would have to defend themselves against:

      The Age Discrimination in Employment Act (ADEA). The officer in question would have a pretty strong case if he meets all of the requirements and qualifications for the position, and is passed up.

      If there is no business-related reason to place restrictions on the job description to prevent the person competing for the position–then this would be further proof of discrimination against the 60-year old who would be otherwise qualified to compete for the position.

      Now let’s say that the person chosen for the position was younger…and had less experience..again, it adds to SGT Bluto’s burden of proof that he was not selected because of his AGE…

      I could go on and on about other laws that CSA has violated—but, I think you get the picture…

      REMEMBER–PEOPLE WHO WORK FOR CSA ARE NOT ON A “CONTRACT”–and while they are At-will, that does not mean that their civil rights can be violated. THEY ARE EMPLOYEES OF a US COMPANY–AS SUCH, THE COMPANY IS REQUIRED TO COMPLY WITH FEDERAL LAWS regulated by the Equal Employment Opportunity Commission (EEOC) (it is also a part of ALL military contracts that EEOC mandates are complied with by US Companies–if a company, like CSA blatantly violates these policies, and it is proven through Employee lawsuits, then the company (and possibly other companies associated with CSA) could lose not only their current government contracts but they could lose the opportunity to ever compete for any other government contract, again)

      FOR MORE INFORMATION CONTACT:
      http://www.eeoc.gov/

    • Comment by The proof is out there:

      There are emails, there is documentation–people need to know where to go to file complaints-
      (send it to: HOTLINE@DODIG.MIL

      Don’t bother with Employee Relations, because CSA Employee Relations (Bates, Gaston, and the rest of them) are on their knees under Levy’s desk!

      (edited)

    • Comment by rookie:

      yes it will go through a kuwait court….there is evidence no doubt!!!

  12. Comment by Dr. Muhareb Al-Enezi:

    What,

    I think you need to go to a Kuwait bookstore and ask for a copy of the yellow-covered Kuwait Labor Guide.

    You need to read Article 31, Article 41, and Article 44 which states if your company wishes to terminate you while you are under a Visa 18, they will need to give you 3 months notice and you may spend one day a week ( with notice to your employer) to go and look for a new job.

    So, under Kuwait Labor Laws, the only time there is an “At Will” is during the first 100 days during a probation period.

    The reasons an employee may be terminated are also listed in the Kuwait Labor Guide.

    • Comment by Ms Sparky:

      I just love specific information and references. Thank you!

    • Comment by whogivesahoot:

      Thank you sir for your insight into the Kuwait labor laws. Question for you please? What about the 36 hours and 48 hour work week statute during Ramadan. I have heard conflicting versions of how this is suppose to be paid. CSA made employees who wanted to work 48 plus hours each week to sign a letter declaring or preference. Those who wanted to work 36 hours sign the same letter of declaration. Now, what is the statute say and how does it apply to me? I hear that all employees are suppose to work for 36 hours and any hours over and above that is overtime. Can you clarify this for many of us who feel CSA is modifying this statute to benefit their pockets.

      • Comment by Dr. Muhareb Al-Enezi:

        An employer cannot take away the rights of the employee. The worker’s rights are all in the Kuwait Labor Guide and that is the laws of Kuwait. Employers that violate the laws can be fined by the Ministry of Labor and Social Affairs and also employees may file labor claims against the companies violating the new labor laws.

        • Comment by DynCorp Scorpio:

          Well Dr Muhareb Al-Enezi,DYNCORP is doing it every single day… So can you please help US put a stop to it.. Are you ready take on Dyncorp? Tell me where to come…

      • Comment by Smell the Coffee:

        The new Kuwait Labor Law mandated that individuals be granted a 36-hour work week during Ramadan.
        Let’s remember, KUWAIT labor law and it’s intent is to provide MUSLIMS a reduced work week during their religious fasting, i.e. not intended for US employees that are simply looking for a shorter work week.
        That being said, CSA complied with the law in offering employees the OPTION to take a 36-hour work week during Ramadan.
        36-hours, that’s it! No overtime. Nothing less, nothing more.
        To figure out WHO would like to take advantage of this 36 hour work week, the company sent out paperwork for employees to check YES they wish to take the 36 hour work week or NO they do not.
        Those that said YES, got what they asked for and no reprisals were made for doing so.
        Those that said NO, continued working as usual.
        How this benefits CSA is rediculous since taking a 36 hour work week actually puts a burden on CSA to cover down for employees not working a full week.

        • Comment by Long Time In Kuwait:

          A company can not offer employees the chance to violate Kuwait Labor Law voluntarily under the auspices that it ‘benefits’ the employee.

          ALL employees were supposed to be LIMITED to a 36-hour work week during Ramadan, or receive overtime for any hours worked over the 36 hours.

          “Working as usual”, when breaking the law, is not acceptable.

          • Comment by Smell the Coffee:

            It’s my understanding after talking with a Kuwaiti Lawyer, that the USG is exempt from KLL. Thus, those affiliated contractors that are American citizens and working on US installations (read into this US territorial domain) do not have to follow the KLL.
            Any application of the KLL is a “benefit” to CSA employees.
            There is no SOFA agreement with Kuwait and Kuwaiti authorities have no juristiction over US personnel working on US installations. Any activities that happen out in town are another issue and Kuwait has control of that.

            • Comment by Long Time in Kuwait:

              I hate to tell you this, but whomever you talked to is VERY, VERY wrong.

              If a person has residency in Kuwait, they are subject to the Kuwait Labor Law, and the company they work for is mandated to follow it…

              Application of the law is NOT a ‘benefit’… it is a mandatory requirement. The lack of a SOFA agreement means the Kuwaitis have no jurisdiction over MILITARY personnel and DoD employees… NOT civilian employees.

              The US Installations in Kuwait ARE NOT US Territorial domain… your lawyer is feeding you a line.

              • Comment by Smell the Coffee:

                It would seem that the Kuwaitis would disagree with you on the “domain” issue. I’ve been witness to many instances that issues of conduct or offenses on base occure, civilian and otherwise, and the USG has control over the incident.
                No Kuwaiti involvement.
                In one case, a US contractor utilized the US mail to import drugs on base, and the US authorities decided to turn him over to the Kuwaitis simply because the drugs he imported were being sold out in town, so, what better justice than to turn him over to the locals. The guy’s been in jail for over 2-years now and I’m sure he’s hating life.
                Now don’t get me wrong, I’m sure there are things going on that CSA and other contractors shouldn’t be doing, but the KLL states they can’t work people over 48-hours a week, and we all know contractors are working WAY more than that.
                In fact, who’d come over here for that small amount of chicken scratch?
                I suppose the companies could increase the hourly wages, but getting work done is hard enough, working 48-hours a week, the security forces would have to increase two-fold to get the job done.
                With Kuwait getting hard on the visa issue, and drivers licenses taking 9 months to a year now, I find it hard to see how they could get enough people over here to do the work at 48-hours.

              • Comment by Rikki:

                I think I have something that will help all US contractors working in Kuwait. This is a current legal case pending on ITT (KRH), this was adressed to me please read below;

                Rikki and to the above

                I am finishing up my labour law and civil case here in Kuwait against Itt and KRH. Which I am waiting on my judgement against them March 30th. Which will be posted and used in another civil action against Itt.

                I want you all to be aware that Itt is not registered in Kuwait as a Business they are registered under Shell not Itt I have turned in their registration and sent it to the Military Board head quarters. Because between Itt and KRh they are trafficking American Citizens and Lying to the Kuwait government of the actual pay.

                Itt has violated the following:

                1.) Trafficking U.S. Citizens

                2.) Violating people rights under the Kuwait Labour Law

                http://www.kuwaitiah.net/visa5.html
                Working Hours

                The working hours of an adult are limited to eight hours a day and 48 hours a week. A rest break of at least one-hour must be allowed after five consecutive hours of work. Rest periods are not included in the calculation of working hours. These standered hours may be increased or decreased by the MSA&L in certain cases, such as hotel works.

                Holidays

                An employee is entitled to one full day off without pay a week. The traditional day off is Friday, but this is not a legal requirement in Kuwait. An employee also has the right to eight public holiday’s a year with full pay as follows:
                · One day on Hijri NewYear’s Day
                · One day on Ascension Day
                · Two days for Eid Al-fitr
                · Two days for Eid Al-Adha
                · One day for the prophet Mohammed Birthday (PBUH)
                · One day for National day
                Liberation Day is not yet a statutory holiday in the private sector.

                Annual Leave

                An employee with up to five years of continuous service is entitled to 14 days leave a year on full day, provided he has completed one year of services, and 21 days after more than 5 years of continuous service. Official holidays and days of sickl leave may not be counted a part of annual leave. The employer has the right to fix the date of leave.
                An employee must be given his holidays pay before he goes on leave and the last salary payable before the holidays must be used to calculate the amount due. If an employee’s services are terminated that he is entitled to a cash payment in lieu of accumulated leave, irrespective of the number of years of leave due, and payment for the accumulated leave must be calculated on the basis of the last salary payable on the date of termination.

                Sick Leave

                Subject to a satisfactory medical report, an employee is entitled to sick leave for
                · The first six days of illness on full pay
                · The next six days on three-quarters pay
                · The next six days on half pay
                · The next six days on quarterpay
                · The next six days without pay
                This entitlement is the total entitlement in one year and not per period of sickness.

                Overtime

                An employee may be required to work overtime provided it is necessary and the employer’s order is in writing. Overtime rates of pay are:
                · 1.25 times the basic hourly rate for excess hours worked on ordinary days
                · 1.50 times the basic hourly rate for all hours worked on the weekly day off
                · Twice the basic hourly rate for all hours worked on public holidays.
                Overtime may only be worked on 90 days in a year and is limited to 2 hours a day, 6 hours a week, and 180 hours a year. An employee has the right to refuse to work overtime.

                Termination Benefits

                When his employment is terminated, an employee is entitled to a lump sum payment called termination indemnity.

                3.) Sexual harassment against females and allowing this among employees who are supervisors

                4.) hiring people who have no experience just for body counts for the contract

                5.) violating injured employee rights under the Kuwait Labour Law

                6.) Forging time sheets and lying to the military the actual times employees work

                Everyone needs to be aware Itt is on a 5 year Federal Probation in the United States. And they have Violated their term of probation here in Kuwait, Iraq, and Afghanistan.

                If anyone has a actual proof and would like to take ITT and KRH to Court I will tell you how to do it and take you to my attorney who is a very famous attorney here in Kuwait and rank in the top 5 here in Kuwait.

                Let me know. Thank you.

                • Comment by Rikki:

                  Contact info:

                  Mr. William Bowers & Mrs. Kathy Bowers
                  RBK OVERSEAS INTERNATIONAL LLC
                  &
                  RBK GLOBAL COMMODITIES LLC
                  011-965-9924-1702
                  skype: dodbowers

            • Comment by TKMad:

              There is a SOFA agreement in place between Kuwait and the USA. Unfortunately the document is “Secret”. Previous pacts that expired in 2011 indicated that: A related
              Status of Forces Agreement (SOFA) provides that U.S. forces in Kuwait be subject to
              U.S. rather than Kuwaiti law.

  13. Comment by DynCorp Scorpio:

    Ms Sparky everything I read on your website is so true.I use to work for KBR (2yrs in IRAQ) and 6mths in Kuwait until they lost the contract to Dyncorp.I thought KBR was bad but Dyncorp takes the award this time.Dyncorp hired all the old KBR personnel and are still hiring them even as we speak. We are still working 7 days a week 12 hours a day even during Ramadan with no overtime or double time and no sick days or holidays.Our holidays are included with our R&R, so 21 days reg R&R and 9 holidays which gives us 30 days and they have to be accrued before you can take them. DynCorp picked up where KBR left off,SAME SHIT under a different name..They are totally ignoring the Kuwait Labor Law and the turn over rate is high as hell. They fake the bodies for the Military so they can be awarded the bids..Let’s not talk about the OMAN contract…but if DoD would just verify all of the contractors paychecks with the time-sheets on file then they would clearly see we are not getting paid ANY OVERTIME OR DOUBLE TIME FOR WORKING…PLEASE..US Kuwait Civilian Contractors need some legal help with these issues..We all have VISA 18′S so we are covered under the Kuwait Labor Laws… HELP…

  14. Comment by The proof is out there:

    Hey, when are they gonna pay us for the extra day–holiday back pay?

  15. Comment by whogivesahoot:

    I heard through the grapevine of a Eastern employee who was in charge of sending monthly allotments to various States for child support sending the money home to India. When he was confronted he dodged the people trying to get answers for a day. Then the next day called in sick and on the third day he bolted back to India and is living the fat life. Any CSA employee who is having allotments sent for child support or any other electronic transfer better check your allotments if it is making it home. A bunch of people had warrants out for their arrest for “non-payment of child support and other things.” This event took place several months back so check it out to prevent you from going to jail. Rumor has it CSA finance had to reimburse employees for the missing payments plus interest. Why is our private and confidential information being handled by employees who cannot get security clearances?

    • Comment by Ms Sparky:

      I agree with you there. In this day and age of rampant identity theft on cleared and vetted employees (including Americans) should have access to an employees personal information. I’ve written about several cases of employers acting totally irresponsibly with employees personal information putting them at risk for identity theft.

      • Comment by whogivesahoot:

        That is not all, information that is disseminated at executive meetings and other confidential meetings some how is leaked by easterners before a manager brings the info to you at a staff meetings. Private information such as promotions raises and other confidential information from HR is regularly leaked by the eastern staff and nothing is done about it. Check out the people who are handling CSA finances, not one of them have security clearances nor are they US citizens. This is US tax payer money that is used to pay our salaries and benefits that they are messing with! Go figure that one out!

      • Comment by Philip Nolan:

        DynCorp is the same. Finance, Subcontracts, Procurement and HR are filled with TCNs. These people are not cleared or vetted but they handle millions of dollars and employees personal information. They are paid with US tax dollars but cannot be prosecuted under US law.

  16. Comment by mmmq8:

    Summary of Kuwait’s new Private Sector Labor Law
    Private Sector Labor Law – State of Kuwait
    Labor regulation in the private sector is enforced by the Ministry of Social Affairs & Labor (MSA&L). As well as domestic servants, persons on temporary contractors of less than six months are excluded from the scope of the private sector labor law. Where an employer’s head office is outside Kuwait, the labor law of the country where the employer has its head office governs expatriates working in Kuwait, unless the employer has a branch in Kuwait which concluded the contract with the employee in which case Kuwait law applies.
    Contract of Employment
    An employee’s terms of service are contained in his employment contract which may be for a fixed time or it may be indefinite. A fixed time may not exceed five years.
    The labor law specifies minimum limits below which terms of service may not fall, and if a clause in his contract gives an employee a lesser benefit than his right under the law, he is entitled to the minimum specified by law for that particular term.
    An employment contract may be verbal or in writing. In either case, it must show at least:
    • The remuneration payable
    • A description of the job
    • The date of appointment
    • Its duration (if fixed)
    Where a contract is verbal then, in the event of a dispute, either side can use circumstantial evidence to prove what is in it. If the contract is in writing, it must be in Arabic. A translation into another language may be attached but the Arabic version is authoritative, i.e. only the Arabic version will be considered in resolving a dispute in a court of law.
    An employee may be hired on probation for 100 days at most. During this time he may be terminated without notice, though accrued indemnity but not holding pay must be paid. The same employer may not put an employee on probation more than once.
    Remuneration & Deductions
    Remuneration includes basic pay, incentives, commissions, obligatory bonuses, gratuities from third parties and allowances from which the employee benefits (such as housing allowance), but excludes allowances on account of expenses and profit shares, Payment of a bonus is obligatory if it is stipulated in the contract of employment or in the by-laws of the firm or it has been paid in the same amount regularly every year.
    What is included in total remuneration is important, as this is the figure that must be used when calculating terminal indemnity or compensation on account of injury. Where an employee is paid on a time basis the last salary payable is used, but if he is paid on a piece-work basis then the average wage actually payable to him during the previous three months is used.
    Payments
    There is no minimum wage (Although 60KD is being considered). Salaried employees must be paid at least once a month. Piece-workers and those on hourly or weekly wages must be paid every two weeks.
    Persons working for a subcontractor, who has failed to pay their salaries, may demand payment from their employer’s superior contract to the extent that the latter owner their employer money for work done. When an employer goes bankrupt the outstanding salaries and termination benefits of his employees must be paid before his other creditors.
    Deductions

    An employee may not be obliged to buy products made by his employer, if he owes his employer money than not more than 10% of his salary may be deducted to pay off his dept and he may not be charged interest. Where an employee’s Salary is attached on account of debts to third parties, the deduction is limited to 25 % of his salary.
    Working Hours
    The working hours of an adult are limited to eight hours a day and 48 hours a week. A rest break of at least one-hour must be allowed after five consecutive hours of work. Rest periods are not included in the calculation of working hours. These standard hours may be increased or decreased by the MSA&L in certain cases, such as hotel works.
    Holidays
    An employee is entitled to one full day off without pay a week. The traditional day off is Friday, but this is not a legal requirement in Kuwait. An employee also has the right to eight public holiday’s a year with full pay as follows:
    • One day on Hijri New Year’s Day
    • One day on Ascension Day
    • Two days for Eid Al-fitr
    • Two days for Eid Al-Adha
    • One day for the prophet Mohammed Birthday (PBUH)
    • One day for National day
    Liberation Day is not yet a statutory holiday in the private sector.
    Annual Leave
    An employee with up to five years of continuous service is entitled to 14 days leave a year on full day, provided he has completed one year of services, and 21 days after more than 5 years of continuous service. Official holidays and days of sick leave may not be counted a part of annual leave. The employer has the right to fix the date of leave.
    An employee must be given his holidays pay before he goes on leave and the last salary payable before the holidays must be used to calculate the amount due. If an employee’s services are terminated that he is entitled to a cash payment in lieu of accumulated leave, irrespective of the number of years of leave due, and payment for the accumulated leave must be calculated on the basis of the last salary payable on the date of termination.
    Sick Leave
    Subject to a satisfactory medical report, an employee is entitled to sick leave for
    • The first six days of illness on full pay
    • The next six days on three-quarters pay
    • The next six days on half pay
    • The next six days on quarter pay
    • The next six days without pay
    This entitlement is the total entitlement in one year and not per period of sickness.
    Overtime
    An employee may be required to work overtime provided it is necessary and the employer’s order is in writing. Overtime rates of pay are:
    • 1.25 times the basic hourly rate for excess hours worked on ordinary days

    • 1.50times the basic hourly rate for all hours worked on the weekly day off

    • Twice the basic hourly rate for all hours worked on public holidays.

    Overtime may only be worked on 90 days in a year and is limited to 2 hours a day, 6 hours a week, and 180 hours a year. An employee has the right to refuse to work overtime.
    Female Employees

    A women performing the same work as a man must be paid equal remuneration. The standard working hours for women are the same as for men.
    Women may not work at night (7pm to 6 pm) except in clinics, pharmacies, hotels, nursery schools, homes for the handicapped, airline and tourist offices, theaters and Entertainment City.
    They may work up to midnight in cooperative societies and public utilities, beauty salons, tailoring shops, banks and offices.
    Night-time working hours may be extended by the MSA&L during Ramadan, and on Eids and public holidays. Employers are obliged to arrange transport for women working at night.
    Maternity Leave
    A woman is entitled to maternity leave to a maximum of 30 days prior to delivery and 40 days after delivery on full day. Thereafter she may be absent from work without pay for up to 100 consecutive or non-consecutive days, provided she presents a medical certificate stating that she is ill as result of gestation and parturition. The annual leave entitlements of a woman who makes use of her maternity for leave privileges in any year are forfeit on day-per-day basis until her annual leave entitlement for that year is extinguished.
    Termination Benefits
    When his employment is terminated, an employee is entitled to a lump sum payment called termination indemnity.
    Calculation
    For those paid monthly, termination indemnity is 15 days remuneration for each complete year of service for first 5 years and 30 days for each complete year beyond 5 years, but the total indemnity is limited to one and a half year’s remigration. For piece-rate workers and those paid on an hourly, daily or weekly basis, the indemnity is 10 days remuneration for each complete year of service for the first 5 years, and 15 days pay for each complete year beyond 5 years, subject to a limit of one year’s remuneration. In both cases part years are calculated pro-rata.
    Restrictions
    An employee who resigns with less than five years service is not entitled to indemnity. One who resigns with five years or more of services is entitled to 50% indemnity. But employees are more made redundant (irrespective of length of service), who reach retirement age, who are disabled at work, or who die are entitled to full indemnity. And woman who marriage while she is an employee and who resigns within six months of marriage is entitled to full indemnity.
    Disciplinary Notices & Penalties
    All employees’ related regulations must be issued as circulars or bulletins written in Arabic. Miscreant employees may be penalized provided the employee issued regulations specifying the acts that are punishable. Penalties must be progressive and are limited as follows:
    • Only one punishment may be incurred for each act of misbehavior
    • A penalty cannot be imposed for an act committed outside the work place unless it was related to work
    • A pay deduction cannot exceed 5 days have a month
    • A suspension from duty cannot exceed 10 days a month
    • A penalty cannot be imposed for any act once 15 days have elapsed science the act was proved or since the usual date for the payment of wages.
    Termination
    Where an employment contract is for a fixed period, it terminates automatically at the end of the period, but if both parties then continue to implement it, it is deemed to be renewed indefinitely under the same terms and conditions.
    If either party terminates the contract before the end of the fixed period (and there is no clause in the contract to cover this) then the party terminating the contract must compensate the other. Where termination is made by the employer, compensation is limited to wage the employee would have earned from the day of termination to the expiry of his contract. Where it os the employee who quits, compensation is limited to the employer’s actual loss.
    Where an employment contract is for an unlimited period, either party may terminate it by notifying the other in writing at least 15 days prior to termination (Where the employee is paid more frequently). Either party may pay the other 15 or 7 days salary, as appropriate, in lieu of notice.
    An employer has the right to terminate an employee without notice, and without paying indemnity and compensation, if the employee:
    • Commits a wrongful act resulting in serious loss to the employer
    • Repeatedly disobeys the instructions of the employer
    • Disobeys the employer’s instructions concerning safety at work on a single occasion
    • Has been absent from work for more than seven consecutive days without due cause
    • Has been convicted of a crime affecting honor, honestly or morality
    • Commits an act against public morality in the workplace
    • Assaults a fellow employee, the employer or his agent at work or on account of work
    • Fails to carry out his obligations under the terms of his contract or the labor law
    • Has used fraud to obtain work
    • Reveals any secrets relating to his employment
    An employee has the right to quit without notice before the expiry of his contract, and to collect his indemnity and not pay compensation, if:
    • His employer fails to abide by the provision of his contract or the labor law
    • The employee has been assaulted by the employer or his agent
    • To continue in work would endanger his health
    An employee’s contract is terminated if he dies. It may be terminated if he fails (without fault) to perform his work or he exhausts his entitled to sick leave. In all these cases his indemnity must be paid.
    An employee’s contract is automatically terminated if his firm goes into liquidation or merges with another, or there is a lockout, or the firm is sold or inherited, the new owner while reserving his right to indemnity, though the employee may continuo in service with the new owner while reserving his right to indemnity for his previous service.
    Health & Safety
    Employers are obliged to take precautions to protect their employees against physical hazards and occupational diseases work. They are also required to ensure that places of work are clean, well ventilated, adequately lit and in sanitary condition. Employers must supply first aid kits containing medicines, antiseptics and bandages, and place them visibly within reach of employees.
    Detailed standards in these matters are contained in resolutions issued by the MSA&L in consultation with the Ministry of Public Health.
    Employees who work in areas not serviced by public transport must be provided with suitable transport. If they work in localities far from populated areas, the employer must provide suitable accommodation, potable water and the means to obtain supplies.
    Accidents
    If an employee is injured at work, the employer must report the matter to the local police station and the MSA&L. The injured employee has the right to treatment, at the employer’s expense, in any government hospital or private clinic as the employer deems suitable, A doctor’s report, stating the period of treatment required, any disability arising from the accident and the employee’s fitness to continue in work, must be obtained.
    During treatment, an injured employee is entitled to full pay for the first six months and, thereafter, half pay until he dies, or recovers, or is proved to be permanently disabled.
    Compensation
    An employee has the right to compensation for work-related injuries without having to prove that the employer was at fault, provided he did not injure himself intentionally or was not guilty of gross malpractice (such as expressly contra-vening safely regulation).
    But where his injuries have made him more than 25% disabled or he has died of them, he or his family will be entitled to compensation even if he was guilty of gross malpractice.
    Compensation varies with the severity of the injury. Where death has occurred, it is the greater of:
    • 1500 days pay
    • the legal blood money currently KD 10.000
    For total permanent disability, it is the greater of:
    • 2000 days pay
    • one and one-third times the legal blood money
    For partial permanent disability, compensation is calculated as a percentage of what would be due for total permanent disability.
    Trade union & Dispute resolution
    The formation and activities of trades unions are strictly controlled. Only on union may be established for workers of any firm of profession and person may not join mare than one union.
    To join a union, a person must:
    • Be at least 18 years of age
    • Have a certificate of good conduct from a complete authority
    An expatriate must also
    • Have valid work permit
    • Have been in Kuwait for 5 consecutive years
    The right to vote in the general assembly of a union or to be elected to its executive board is restricted to Kuwaitis. Expatriate members only have the right to delegate one of themselves as their representative to express their views before the executive board.
    Collective Labor Disputes
    If a dispute arises between an employer and all or some of his employees regarding terms of work, the following procedures are mandatory:
    • Direct negotiation must take place between the employer and the employees. If an agreement is reached, it must be registered with the MSA&L within seven days
    • If no agreement is reached then the parties should request the MSA&L to intervene
    • If the MSA&L fails to settle the dispute within 15 days, it must refer the matter to Labor Disputes Arbitration Committee in the courts. The employer or his representative and representative of the employees may appear before this committee to a limit of three representatives each. The committee’s decision is final and binding.
    Individual Labor Disputes
    The private sector labor law also lays down specific procedures which must be followed by individual pursing claims against their employers.
    The dispute must be submitted to the MSA&L before a law suit is started. The Ministry must call the two parties together and try to settle the matter amicably. If no settlement is reached then, within two weeks of being asked by the employee, the MSA&L must refer the dispute to the Labor Court, along with a summary of the matter, the evidence of the parties, and the Ministry’s own comment’s. Within three days the court must fix a date for a hearing, and notify both parties.
    The case is heard in a summary manner.
    The tome limit for filing cases is one year after employment is terminated. Labor cases are exempt from the usual court fees but if the employss loses then the court may order him to pay a nominal amount on account of costs.
    Expected Changes
    Regulations under the private sector labor law are issued at regular intervals. They only become effective when published in Al-Kuwait Al-Youm, the official gazette.
    In July 1997, a new draft labor law was finalized by the MSA&L. Terminal indeminity, annual holidays and sick leave are to be increased and the number of public holidays is to be extended to twelve. Haj leave, compassionate leave and Idda leave for new widows, all fully paid , are to be introduced. The new law is expected to make the payment of salaries within seven days of their due date mandatory, and may also bring in a minimum wage. In November 1999 the MSA&L announced that a revised draft law would be submitted for approval to the Council of Ministers before the end of 1999.

    Disputes and Civil Rights
    Expatriates who are finding it difficult to get their legal rights in a work related or other dispute may find the following organizations helpful.
    • Labor Departments at the Ministry of Social Affairs and Labor
    The MSA&L has five labor Departments, one in each governorate. Labor disputes should be referred to one of these departments, along with
    documents to substantiate a claim. The Department will give advice on the merits of a case and follow the procedures mentioned on the previous page.

    • Kuwait Trade Union Federation

    The Federation has a special interest in preventing the abuse of expatriate laborers. It provides legal advice to laborers free of charge and also helps them to take action against their employers.
    • Human Rights Committee (HRC) at the National Assembly
    Complaints on any matter, whether related to employment or other issues, can be sent to the HRC by letter or by fax, or can be discussed on the telephone or by visiting the National assembly building in person. Persons who are refused entry to the National Assembly building should call the Committee directly.
    The HRC are particurlarly interested in expatriates who are having difficulty in obtaining their passports from their employers, and these persons are asked to send a signed letter in Arabic stating the facts of their case, their civil ID and passport numbers, country of origin, and the name of the their employer by fax to the Committee who will treat the matter in strictest confidence.
    ———————————————————————————————–
    Chapter One
    General Rules
    Article 1: in the application of the rules of this law the following terms mean:
    n Ministry: Ministry of Social Works and Labor
    n Minister: Minister of Social Affairs and Labor
    n Employee: any male or female who performs manual or mental work for an employer (under his management and supervision) against a wage
    n Employer: every natural or legal person who uses employees against a wage
    n Organization: any unit that gathers employees or employers with similar or related work, professions or jobs, which protects their interests or rights and represents them in matters related to their affairs.
    Article 2: rules of this law apply to employees in the private sector.
    Article 3: rules of this law apply to marine work contract in case a stipulation in this respect is not mentioned in the marine commercial law or the stipulation in this law is more beneficial to the employee.
    Article 4: rules of this law apply to the oil sector in case a stipulation in this respect is not mentioned in the labor law for workers at the oil sector or the stipulation in this law is more beneficial to the employee.
    Article 5: rules of this law are not applicable to the following:
    n Employees covered by other laws as per the stipulations therein.
    n Domestic workers as the concerned minister will issue a decision concerning their affairs in accordance with the rules governing their relations with the employers.
    Article 6: rules of this law represent minimum level of employees’ rights without prejudice to better privileges granted to workers covered by individual or group employment contracts or special regulations or bylaws being observed by the employees or according to the rules governing their profession or general customs.
    Chapter Two
    Employment (Using), Apprenticeship and Professional Training
    Section One
    Employment
    Article 7: the minister shall issue decisions to organize conditions of employment (use) in the private sector in accordance with the following:
    n Conditions for the transfer of laborers from one employer to another
    n Conditions for employers to allow their employees to work for some time with another employer.
    n Statements that must be forwarded to the ministry concerning the government employees who are allowed to work for other employers after the official work hours in the public sector.
    n Jobs and professions employees should engage in unless they pass professional examinations according to the regulations set by the ministry in coordination with other concerned authorities.
    Article 8: every employer should inform the concerned authority about the needs of his employees. He should submit an annual report to the concerned authority on the total number of employees under him, using a prepared format in accordance with the rules and regulations specified in a decision issued by the ministry.
    Article 9: the Public Authority for Labor Force with a corporate body and separate budget shall be established under the supervision of the minister of social affairs and labor. It will be in charge of the authorities granted to the minister under this law, as well as the recruitment of expatriate workers as per the manpower demands of employers. A law to regulate it will be issued within a year from the date of working with this law.
    Article 10: employers are prohibited from hiring foreign workers unless they obtain a permit from the concerned authority. The minister shall issue a decision on the procedures, documents and fees that employers should complete. In case of rejection, reasons behind the decision must be specified. Amount of capital should be the reason for rejection; otherwise, the decision is null and void.
    Employers are not allowed to recruit workers from outside or in the country without providing them jobs. Employers must bear the costs for the workers’ return to their home countries. In case the worker resigns to join another company, the latter should bear the costs for the worker’s return to his home country when the original sponsor files a missing report against the worker.
    Article 11: the ministry and other concerned authorities should not engage in any form of discrimination or preferential treatment in dealing with employers, concerning the processing of work permits or transfer applications regardless of the reasons or justification. For regulative purposes, the ministry can stop issuance or transfer of work permits for a period of not more than two weeks in a year, but it should be applicable to all employers. Any behavior contrary to this article is considered null and void.
    Section Two: Apprenticeship and Professional Training
    Article 12: a professional apprentice is every person aged 15 years who signs a contract with the establishment to learn a profession within a specific period in accordance with the rules and regulations that he agreed upon. Unless a special stipulation in this regard is mentioned in this chapter, the special rules for employing juveniles mentioned in this law are applicable to professional apprenticeship contracts.
    Article 13: professional apprenticeship contracts should be written and issued in three copies, one each for both parties and the third shall be referred to the concerned authority at the ministry within a week for attestation. The profession, training period, stages and wage in a progressive form at every stage of learning should be mentioned in the contract. In the last stage, the minimum wage should not be less than the wage set for a similar job. It is not right, under any circumstance, to specify the wage based on production or piecework.
    Article 14: the employer can terminate the apprenticeship contract if the apprentice fails to fulfill the stipulated duties or it is established in the periodic report that he is not ready to learn the job. The apprentice has also the right to terminate the contract. Any party that wishes to end the contract must notify the other on or before seven days.
    Article 15: professional training includes the theoretical and practical programs to give workers the opportunity to develop their knowledge and skills or under go on-the-job training to enhance their abilities, raise their production capacity, prepare them for certain professions or transfer them to others. Training takes place in institutes, centers or establishments for this purpose.
    Article 16: The minister, in cooperation with the concerned academic and professional authorities, shall set up necessary conditions for holding professional training programs and specify the training period, theoretical practical program, examination system, and certificates given in this regard and the statements therein.
    This decision requires the establishment of one or more training centers for the workers. Companies should then provide training for the workers in centers, institutes or other establishments if they have no training center or institute.
    Article 17: The establishments, subject to the rules of this chapter, are obliged to pay the worker his full wage during the training period either in or outside the establishment.
    Article 18: The professional apprentice or trainee worker is obliged, after completing his training, to work with the employer within the same period he underwent apprenticeship or training or a minimum of 5 years. If he violates this agreement, the employer has the right to demand compensation for the training expenses or the remaining period he has to complete the work, which is excluded from the training period and is not more than three months.
    Section Three
    Employing Juveniles
    Article 19: It is prohibited to employ those below 15 years old.
    Article 20: With the permission of the ministry, it is allowed to employ juveniles, aged 15 years and those who have not reached 18 years under the following conditions:
    n Their employment should not be in factories or professions that are dangerous or harmful to their health according to the decision of the minister.
    n Signing a medical report for them before joining the work and after that on a regular basis, not exceeding six months. The minister shall issue a decision to determine these factories and professions, as well as the procedures and periods for submission of the medical report.
    Article 21: The minimum work hours for juveniles is six hours daily, with a condition not to let them work for more than four hours straight, followed by a rest period (break) of not less than an hour. It is prohibited to let them work overtime or during weekly rest days, official holidays or from 7: 00 pm to 6:00am.
    Section Four
    Employing women
    Article 22: It is prohibited to employ women at night – from 10:00 pm to 7:00 am. This excludes hospitals, sanatoriums, other private treatment homes and establishments for which the Minister of Social Affairs and Labor will issue a decision. The work site should comply with all the conditions mentioned in this article by ensuring the security of women and providing them with means of transportation to and from the workplace. Work hours during Ramadan are excluded from the rules of this article.
    Article 23: It is prohibited to employ women in hazardous jobs or those that are harmful to their health. It is also prohibited to let them engage in jobs that defy the morality code and exploit their womanhood. They should not work in institutions which provide services exclusive for men.
    A decision to determine such jobs will be issued by the minister of social affairs and labor after consulting the Consultative Committee for Labor Affairs and the concerned organization
    Article 24: A pregnant woman will get a 70-day paid leave, not included in her other leaves, for delivery on the condition that she gives birth within this period.
    After completing the maternity leave, the employer can grant a working woman, based on her request, leave of not more than four months without pay to care for the baby.
    The employer should not terminate a working woman while she is on such leaves or if she took sick leave due to an illness caused by pregnancy or delivery as per a medical report issued by her attending physician.
    Article 25: Working women are entitled to a two-hour break during work hours to nurse their babies in accordance with the conditions stipulated in the ministry’s decision. The employer must establish a nursery for children below four years old if he has more than 50 female workers or not more than 200 men.
    Article 26: A working woman deserves a similar wage granted to men if she is engaged in the same job.
    Chapter Three
    Individual work contract
    Section One: Work Contract Structure
    Article 27: anyone who has reached 15 years is qualified to sign a work contract if the period is not specified. If the period is specified, it should not exceed one year so he will reach 18 years.
    Article 28: the work contract should be written on paper and contain the date of signing and execution of the contract, value of wage, period of the contract if it is specified, and nature of work. It should be issued in three copies, one for each party and the third will be kept at the concerned authority in the ministry. If the work contract is not written on paper, it is considered existent (correct) and the employer in this case can exercise his right through all means of confirmation.
    It is not right to reduce the wage of the worker during the validity of the contract, whether it has specific period or not. The employee has no right to assign a worker to carry out any task that is not consistent with nature of the work stated in the contract or suitable to the qualifications and expertise with which the contract was signed.
    Article 29: contracts shall be written in Arabic and translations to other languages can be added to it, with Arabic as binding in case of discrepancies. Rules of this article are applicable on the correspondence, publications, bylaws and the circulars that the employer issues to his workers.
    Article 30: If the period of the work contract is specified, it should not exceed five years and not less than a year. The contract can be renewed after the specified period ends through an agreement between both parties.
    Article 31: if the period of the work contract is specified and both parties continue implementing it after completion of the period without renewal, it is considered renewed for a similar period with the same conditions, unless the two parties agree to renew it under other conditions. In all cases the renewal should not alter the employment privileges mentioned in the previous contract.
    Section Two
    Obligations and penalties for employees and employers
    Article 32: Probation period of the worker shall be specified in the work contract, but it should not exceed 100 working days. Each party can end the contract during the probation period with prior notice. If the employer ends the contract, he should pay wages to the worker at the end of the service in accordance with rules of this law. It is not right to require the worker to be on probation under the same employer more than once. The minister shall issue a decision to organize the rules and regulations at work during the probation period.
    Article 33: If the employer signed a contract with another – a subcontractor – to carry out a certain task or part of it outside under one work condition. The one given the contract should treat his workers and those of the original employer equally in terms of granting rights and each of them should agree in this regard.
    Article 34: The employer (contractor) must commit to the execution of a government project or use his employees in areas far from the residential sections. He must provide suitable accommodation to the workers, in addition to means of transportation for those residing in far-flung areas free of charge. In case he cannot provide an accommodation, he should give the employees accommodation allowance. The minister will specify the far-flung areas, conditions of suitable accommodation and accommodation allowance.
    In other cases when the employer is required to provide accommodation for workers, rules of the decisions stipulated in the previous paragraph on conditions of suitable accommodations and specification of accommodation allowance shall be applicable to him.
    Article 35: The employer must hang, in a clear place at the work site, the punishments bylaws that should be enforced on the violating workers. In the punishments bylaw the following should be considered:
    n The violations which may occur from the workers and their punishments should be specified .
    n Should include a list of punishments for specified violations
    n More than one punishment should not enforced for one violation.
    n The worker should not be punished for any act he committed after 15 years of the date of the act was detected
    n The worker should not be punished for an act he committed outside his work site , except if it has connection with the work
    Article 36: The employer should send the punishment bylaws to the Ministry before implementing them. The ministry must amend these in accordance with nature of the establishment or nature of the work as per the rules of this law.
    The ministry must present the bylaws to the concerned organization, if any. And if there is no concerned organization, then general union will be resorted to for observations and suggestions on these bylaws.
    Article 37: No punishment should be enforced to the worker unless he or she is informed in writing what he or she is accused of. The employer should hear the employee’s explanation and confirm his or her defense. The worker should be also be informed in writing of the punishment, its type, its reasons and amounts applied on the worker and the punishment which he will face in case of doing the same again.
    Article 38: Deductions should not apply to wages of the employee for a period of more than 5 days in a month. If the punishment exceeds that the added deduction should be from wage of the next month or the following month.
    Article 39: The worker cannot be stopped from working for a period of not more than 10 days during an investigation that the employer is conducting. If the investigation is completed and the employee is not held liable for any violation, then worker must be paid his or her wage for the period of stoppage.
    Article 40: The employer should put the deductions from wages of employees in a fund allocated for use in social, economic and cultural fields which benefits the workers. In case the company is liquidated, the existing deductions in fund should be distributed to the workers who were working at the time of the liquidation, one period for each.
    Section Three
    End of Work Contract and End of Service Benefit
    Article 41: In observance of the rules of article (37) of this law:-
    n The employer can terminate a worker without notification , compensation or wages if the worker committed any of the following deeds:
    1- If the worker committed a mistake that resulted to huge loss for the employer.
    2- If it is established that the worker obtained the work as result of cheating or fraud.
    3- If the worker reveals secrets of the establishment which caused or would have caused real losses.
    n The employer can fire the worker in one of the following cases :
    1- If he is accused of a crime that relates to honor, trust or morality.
    2- If he committed an act that breaches general morality at the work site.
    3- If he committed assault on one of his colleagues or on the employer or his deputy during work or because of it.
    4- If he breached any of the obligations imposed on him with the contract and rules of this law.
    5- If he is proven to have repeatedly violated instructions of the employer. In this case the decision of firing does not mean depriving the worker from end of service benefit.
    n The employee who is fired for one of the situations mentioned in this article has right to challenge the firing decision at the concerned labor division (court) in accordance with the procedures stated in this law. If it is established, according to final verdict that the employer was wrong in firing his worker the latter deserves end of service benefits and a compensation for material and moral damages he or she suffered.
    In all cases the employer should inform the ministry of the firing decision and its reasons, and the ministry should take charge of informing Government Restructuring Manpower
    Article 42: If the employee stops going to work for 7 consecutive days or 20 separate days within a year without acceptable reasons, the employer has the right to consider him legally retired. In this case rules of article 53 of this law are applicable in terms of worker deserving the end of service benefits.
    Article 43: If the worker is arrested or detained due to accusations of the employee for uncompleted court verdict, he is considered stopped from work. The employer has no right to end his contract, except if he is convicted with a complete verdict.
    If a verdict is issued acquitting him from the accusation the employee must pay his wage for the period he was stopped with fair compensation to be estimated by the court.
    Article 44: If the work contract has no specified period both parties have the right to end it after notifying other party and the notification should be as follows;
    n Before completing the contract with a 3 month notice at least for the worker on a monthly wage.
    n Before completing the contract with a months notice at least for other workers. If the party who ends the contract did not take in to account the period of the notification then he must pay the other party for the notification period equal to wage of the worker
    n It the notification for ending the contract is from the employer, the worker has right to absent full one day in the week or 8 hours during the week, so as to search for other work, and he deserves a wage for one day or the hours of absence. The worker should specify day or hours of absence with condition to notify the employer about that at least in the previous day of the absence.
    n The employer should relieve the employee of work during the period of notification and count as work service until such period is completed.
    Article 45: The employer cannot use right of ending the contract in accordance with the previous article when the worker is enjoying one of the leaves stipulated in this law
    Article 46: It is prohibited to end service of the worker without any justification or because of syndicate activity or because he is wanted or enjoying his or her legal rights as per rules of law. Also it is prohibited to end service of the worker because of gender, race or religion.
    Article 47: If the work contract has a specified period and one of the parties ends it illegally, he must compensate the other party for damages. The amount of the compensation should not exceed the wage of the worker for the remaining period of the contract.
    Article 48: The worker can terminate his employment contract without notifying on his end of service payments in any of the following cases:
    n If the employer does not enforce the terms of the contract or violates the labor law.
    n If the employer or his deputy insults him or the employer encourages such acts.
    n If continuous work puts his health and safety at risk as per the decision of the medical judgment committee at the Ministry of Health.
    n If employer or his deputy cheats in terms of the contract at the initial signature period.
    n If the employer accuses the worker of committing mistakes punishable through criminal penalties and court clears the worker.
    n If the employer or his deputy commits unethical or immoral actions against the worker.
    Article 49: The employment contract gets terminated if the worker dies or becomes disabled, thereby, preventing him from carrying out his duties or sickness which prevents him from reporting back to work, as per a medical report from the official department.
    Article 50: The employment contract ends under the following conditions:
    n If an official decision is issued declaring bankruptcy of the employer.
    n Permanent closure of the company.
    n If the company merges with another or transferred to another owner or any other legal move by the company, the employment contract remains active and the new owner should grant current privileges to the workers.
    Article 51: The employee has right to receive end of service pay as follows:
    n The worker gets indemnity equal to 10 days salary every year during the first five years, and 15 days the following years. Total payment should not be more than one-year salary for employees who get paid on daily, weekly, hourly or per job basis.
    n Indemnity of 15 days for the first five years, and one month salary for the following years. Total payment should not be more than the one-year salary and half for employees paid on monthly basis.
    The worker is entitled to benefits for a fraction of the year, according to the service period and it will be deducted from the end of services benefits, including the loans and credits. The Social Security Law is considered in this regard, and the employer should pay the difference between the amount due to the worker from the social security and the indemnity.
    Article 52: Referring to Articles 45 of this law the worker deserves end of service benefits mentioned in the earlier articles under the following conditions:
    n If the employer ends the contract.
    n If a closed contract ends without being renewed.
    n If the contract ends according to Articles 48, 49 and 50 of this law.
    n If the female worker ends the contract because of marriage a year after the wedding.
    Article 53: The worker is entitled to half of the end of service pay mentioned in Article 51 if the worker ends the open employment contract, and his years in service are not less than three years and less than five years. If the period of service reaches five years and less than 10 years, the worker gets two thirds of the benefits and if the service reaches 10 years the worker gets full benefit.
    Article 54: The worker who terminates his employment contract has right to get end of service certificate from the employer showing his services, work and last salary he received. The employer has no right to include any derogatory remarks about the employee or any statement that limits his chances in the labor market. The employer should return all the documents like academic certificates the worker submitted during the recruitment period.
    Fourth Chapter
    On System and Work Conditions
    Section One: The Salary
    Article 55: Salary means the basic payment the worker receives or whatever the worker receives against his service. This should include all terms mentioned in the employment contract, without removing the social and children allowances mentioned in law number 19/2000 included in the salary, in addition to the payment the worker receives periodically like allowances and benefits.
    If the worker receives his share from the returns of the company and it incurs losses or earns minimal profits, then the salary should be paid according to the market standards and profession of the employee.
    Article 56: salaries are paid during one of the working days with the country’s currency, taking into consideration the following:
    n Laborers who are paid monthly should get their salaries at least once a month
    n Other laborers get their salaries at least once every two weeks
    Salary payment should not be delayed until after the seventh day of the due date.
    Article 57: the employer who appoints laborers according to this law should pay the laborers’ salaries to their accounts in local financial establishments. He should also send a copy of the list of names that are sent to these establishments to the Ministry of Social Affairs and Labor.
    A decision from the Council of Ministers will be issued based on the representation of the ministers of Social Affairs and Labor, and Finance to identify these sectors and the regulations concerning dealing with these accounts in terms of expenditures, commissions and the organizational procedures in this regard.
    Article 58: the employer is not allowed to transfer an employee who is paid on a monthly basis to another section without a documented agreement on the transfer and without violating the rights the employee has acquired by working with a monthly salary.
    Article 59
    n It is not accepted to deduct more than 10 percent of the employee’s salary as loan or debt payment to the employer, and he should not get any interest.
    n It is prohibited to hold back the due salary of laborers or deduct more than 25 percent of the salary. The deduction should be within 25 percent of the salary for expenditure, food, clothing or other loans, including loans obtained from the employer. In case of accumulated loans, the expenditure loan should be prioritized.
    Article 60: laborers should not be required to buy foodstuffs or commodities from stores or other products owned by the employer.
    Article 61: the employer should pay the laborers’ salaries during the closure period, if he needs to close the establishment to force the laborers to give in to his demands. He should also pay the salary of laborers during the time the establishment is closed completely or partially for any reason that is not related to the laborers, as long as the employer wishes them to maintain their positions.
    Article 62: To calculate the payment of a laborer, what should be taken into consideration is the last due salary. If the laborer gets paid based on piece work, his salary is defined by the average of what he has got during the actual working days in the last three months. The material and financial privileges are evaluated by dividing the average of what the laborer has already gained during the last 12 months by the salary. If the years of service at the work place is less than a year, the average is calculated according to the percentage of the period he spent in service. The laborer’s salary should not be decreased for any reason during the time he is in service.
    Article 63: The Minister has to issue a decision after a maximum of every five years, in which he determines the minimum limit of salaries based on the nature of professions and industries. While doing that, he should consider the inflation percentage that the country goes through. This should be done after discussing the issue with the Advisory Committee for Labor Affairs and the concerned organizations.
    Chapter 2
    Working hours and weekends
    Article 64: It is forbidden to have employees work more than 48 hours per week or 8 hours a day, except for cases stated in this law. The working hours in the month of Ramadan should be 36 hours per week. This item should not conflict with Article 21 of this law.
    However, it is allowed to decrease the working hours in exhausting jobs or jobs of a harsh or health harming nature based on a ministerial decision.
    Article 65
    a) It is not allowed to have employees working for more than five consecutive hours without a break not less than an hour that is not included in the working hours.
    n Financial, commercial and investment sectors have exceptions to have workers work for eight hours continuously.
    b) After the approval of the Minister, laborers can work without a break for technical and emergency reasons in office work; under the condition that the total of the daily working hours should be one hour less than what was stated in Article 64.
    Article 66: Without violating Articles 21 and 64 of this law, it is allowed for the job employer to have employees work for extra time if the necessity arises. This should be done through written instructions for the purpose of stopping a dangerous accident or repair of damage or avoiding a definite lose or having a unusual work load. The extra working hours should not exceed more than two hours a day fir a maximum of 180 hours a year. In addition, it is not accepted for extra work to be more than three days a week and 90 days a year. This will still be the right of laborers to prove that they were assigned extra work and they can use any means to prove their right. The laborer has the right to get paid 25 percent for the extra time he has worked, which should be more than his regular payment at the same period of time. This payment should be in-line with Article 56 of this law. The employer should keep a special record for the overtime that shows the dates, days, hours of overtime and the payment for the work the laborer was assigned.
    Article 67: The employee has the right to have a paid weekend that is 24 continuous hours after six working days. In case of emergencies at work, the employer can call the laborer for work during his weekend. The laborer should get at least 50 percent of his salary, in addition to his regular salary. The laborer can take another day off instead of the one on which he worked.
    n The previous paragraph does not affect the evaluation of the laborer’s right including his daily payment and off days. The calculation of his right is by dividing his salary by the actual working days without including the weekends, although these weekends are paid.
    Article 68: paid official holidays for laborers:
    a) Hijri New Year 1 day
    b) Israa and Mieraj day 1 day
    c) Eid Al-Fitr 2 days
    d) Standing by Arafah 1 day
    e) Al-Adha Eid 2 days
    f) Mawlid Al-Nabi 1 day
    g) National Day 1 day
    h) Liberation Day 1 day
    i) New Year 1 day
    n If the necessity arises to have the employee work during the previously mentioned days, he should get a double salary plus a compensation of this day.
    n With consideration of Article 24 of this law, the laborer has the right to get the following sick leaves during the year:
    n 15 days full salary
    n 10 days three quarters of the salary
    n 10 days half salary
    n 10 days quarter of salary
    n 30 days without salary
    Article 69: The laborer should provide a medical report from the doctor at the work place or the official doctor at government medical centers. In case there is a conflict regarding the need to get a sick leave or its duration, then the doctor in the government medical center is allowed to do so.
    As for serious diseases, a special decision should be issued by the concerned minister, in which he should identify the kind of serious disease.
    Chapter 3
    Paid Annual Leave
    Article 70: The employee has a 30-day paid annual leave. However, during the first year of work, the employee is not eligible to apply for leave except after at least 9 months of service at the work place. Official holidays and sick leaves are not counted with the annual leave. The laborer deserves leaves on the fractions of the year according to the period he spent at the work place, even if the first year is included.
    Article 71: The laborer gets paid for his annual leave before going on leave.
    Article 72: The employer has the right to determine the timing of the annual leave, and he can divide it after the first 14 days of it based on the approval of the laborer.
    Moreover, the laborer has the right to accumulate his leave, but not more than his leave for two years. After the approval of the employer, he can take his accumulated leave all at once. The annual leave can be accumulated for more than two years with the two sides’ approval.
    Article 73: Without violating Articles 70 and 71, the employee has the right to get financial payment for all his annual leaves that were not availed during his service when his contract ends.
    Article 74: Without violating Article 72, it is not allowed for the laborer to give up his annual leave with or without compensation. The employer should get back what he paid for the laborer if he proved to be working with another employer.
    Article 75: The employer can grant the employee a paid academic leave to obtain a higher degree, under the condition that he should work for the employer for a period of time that equals the leave duration that should not be more than 5 years. In case the employee violates this condition, he should return the payment he has already got during the academic leave.
    Article76: The laborer who spent two continuous years with the same employer can get a paid leave for 21 days to perform Hajj, if he did not perform Hajj before.
    Article 77: In case of a first and second degree relative’s death, the employee has the right to get a three-day leave with full salary.
    For the working Muslim woman, whose husband dies, she can take iddat leave with full salary for four months and ten days from the date of death. During this leave, she should not practice and work for another work place. The conditions of issuing this leave should be organized by a decision by the minister. The non-Muslim female employee whose husband dies gets a 21 days paid leave.
    Article 78: The employer can give a paid leave to employees to attend conferences and annual meetings. The minister issues a decision that includes the conditions and regulations regarding granting this leave.
    Article 79: The employer is allowed to grant his employee special leave, other than mentioned in this chapter, without pay.
    Chapter four
    Safety & Career Health
    Section One: Rules on maintaining safety and career health
    Article 80: Each employer must maintain a file for each laborer, including copies of the laborer’s work permit, work contract, Civil ID, documents related to annual vacation and sick leaves, overtime hours, work-related injuries and diseases, penalties imposed on the laborer, date of ending his duty, reasons for ending his duty, and copies of receipts and other related documents like employment certificates the laborer has submitted to the employer and he should get them back after the end of his duty.
    Article 81: Each employer has to keep career safety registers in line with types and regulations for which a decision is issued.
    Article 82: The employer has to hang in a conspicuous location at the work headquarters a bylaw accredited by the concerned labor department, including the daily work hours, break, weekend and official holidays.
    Article 83: The employer has to take all the precautionary procedures to protect laborers, machines and substances used in the institution, and the places they occasionally visit, in addition to providing safety and career health systems required in this regard or that for which a decision is issued by the concerned minister after considering the opinion of relevant authorities.
    Article 84: The employer has to clarify to the laborer before starting work the risks he may face at work; in addition to the precautionary measures that should be taken.
    Moreover, the minister is to issue decisions concerning instructions and cautioning marks placed in conspicuous areas at the work site, besides the tools of personal safety which the employer has to provide in various activities.
    Article 85: The minister, after seeking opinion of concerned authorities, shall issue a decision to specify types of activities that require provision of equipment and occupational safety methods for employees in factories. This is in addition to selection of specialists or technicians to monitor level of availability of health and safety equipment, while the decision shall specify criteria and duties of those technicians and specialists, in addition to their training programs.
    Article 86: The employer should take necessary precautions to protect the employee from health hazards and occupational diseases, which could arise from practicing the occupation, while he should provide first aid treatment and medical services. The minister, after seeking opinion of the Health Ministry, shall issue decisions to regulate precautions, as well as list of occupational and industrial diseases.
    Article 87: The employer should implement preventive measures and promise to try his best to provide care and follow health and safety instructions to protect the employee from any kind of occupational diseases and hazards.
    Article 88: Considering provisions of the social security law, an employer should insure his employees with relevant companies against injuries and occupational hazards.
    Section Two
    Concerning injuries and occupational hazards
    Article 89: While applying provisions of law concerning labor injuries, according to the social security law, the insured people shall be subjected to provisions guiding labor injuries and occupational hazards.
    Article 90: If an employee is involved in an accident due to his work, while performing duties, on the way to work or returning from work, the employer should report the incident immediately he knows about it, depending on the following situation:
    n Nearest police station to the office
    n Nearest labor office to the office
    Public Authority for Social Security or the concerned insurance company, while the employer or his representative can report the incident.
    Article 91: Considering law number 1/1999 on the health insurance of expatriates and requiring them to pay certain fees for the health services they use, the employer should provide the required health services to an employee if he gets injured during working hours or falls sick due to his job – in government or private hospitals, including medicine and transportation expenses. The attending physician should submit a report on the period the employee requires treatment, extent of disability caused by the injury, and when the employee can report back to work.
    Both the employee and employer have the right to contest the medical report within a month from the date of issuance at the Medical Judgment Committee in the Ministry of Health.
    Article 92: every employer should provide a report on the accidents at job sites and work-related illnesses in the company/entity to the Ministry of Health periodically. The minister will specify a period for the submission of this report.
    Article 93: an employee who suffers from an injury or work-related illness has right to demand his salary during the medication period, specified by the attending physician. If the treatment period is extended for another six months, the employee will receive half the salary until he completely recovers.
    Article 94: the employee or his beneficiaries has right to demand compensation for the injury or the illness according to a list issued by the minister after receiving the recommendation of the Ministry of Health. The list will explain the illness and injuries, as well as the corresponding compensation.
    Article 95: the employee has no right to claim compensation if the investigation results show that:
    n The employee has intentionally injured himself.
    n The employee sustained injuries due to his bad behavior like consuming alcohol or drugs, violating safety regulations at work, or if the injury or illness was caused by an activity outside the workplace. Exceptions include if the injury or illness resulted in death of the employee or 25 percent disability.
    Article 96: if the employee exhibits symptoms of work-related illness one year after his resignation, articles 93, 94 and 95 will be applicable to him.
    Article 97:
    n The medical report or Medical Judgment Committee defines the condition of the employee who suffered and the responsibility of former employers in the illness or injury – based on the period of time the employee served each employer – and whether the nature of the job caused the illness or not.
    n The employee or his beneficiaries will receive the compensation according to Article 94 from the Public Authority for Social Security (PASS) or accredited insurance company, and the compensation will be divided based on the first paragraph of this article.
    Chapter Five
    Social Relations
    Section One
    The Workers Union, Employers and Rights of Syndicates
    Article 98: right to establish unions for employers and workers is guaranteed by this law, the conditions of which is applicable to workers in the private and public sectors, as long as it does not contradict other laws that organize their affairs.
    Article 99: Kuwaiti workers have right to form syndicates that protect their interest, work on improving their financial and social status, and represent them in all operations related to them. Employers have also right to form unions for the same purposes.
    Article 100: Procedures for establishing such organizations are as follows:
    n Number of employees or employers who are willing to establish a union should meet in the form of a general assembly, which should be announced in daily newspapers for a minimum of two weeks before the meeting date. The location and goals of the meeting should be mentioned in the announcement.
    n The general assembly decides the internal regulations of the union. Decision of the minister related to the subject should be used as a guide.
    n The general assembly elects the board of directors according to the terms in the union’s internal regulations.
    Article 101: basic system of the union should show the objectives and goals for which the union has been established, rights and duties of members, membership, duties of the general assembly and irregular general assembly. The system should show the conditions of membership, specialties of the members, budget, and the regulations in case of amending the system. It must also include regulations in case of dissolution of the general assembly and ways to clear the money, records and registers of the union, which are used for controlling purposes.
    Article 102: the elected board of directors should be dissolved every five years, starting from the election date and submission of the papers of establishment to the ministry.
    The official body of the union will be considered from the day the minister issued a decision on its approval, and submission of the required papers or documents to the minister.
    The ministry has the right to guide the union towards correction of the procedures of its establishment and completion of the necessary papers before the official declaration of the union. If the ministry fails to respond to the papers of the union within 15 days from the day of submission, the law will consider the union official.
    Article 103: The employees and employers unions, after receiving all the benefits in the law, should respect the rules and regulations in the country just like other organizations, and they should practice their rights and activities within their borders as per the law.
    Article 104: The ministry will guide the syndicates and employers unions towards the right path of implementing the law, and how to keep the registers and financial documents special to the union, in addition to guiding the completion of the documentation in case of any shortage.
    It is forbidden for the unions to:
    n operate in political, religious and sectarian cases
    n use their money in financial speculation, real-estate or other forms of speculation
    n accept gifts except after obtaining permission from the ministry
    Article 105: The syndicate is permitted to open restaurants and cafeterias for the workers after obtaining permission from the business owner and the concerned government authorities.
    Article 106: The workers unions can create joint unions between them according to the laws of declared unions and this law. The general/joint union should be only one between workers or employers. The general union should comply with the regulations governing the establishment of unions.
    Article 107: The syndicates, unions and workers public unions have right to join the Arab and international unions. The ministry should be notified about this and such participation should not undermine the interests of the public and government.
    Article 108: The organization of the workers and employers can be optionally disbanded through a decision from the general assembly, according to the system of the unions. Financial assets of the union will be followed according to the decision taken by the general assembly in case of

  17. Comment by CW1027:

    One of the Recruiters in HR at CSA – Bob Lawrence has hired several people to work in positions that require a security clearance and these employees did NOT have a clearance. One employee sat at his desk for 4 months before anyone removed him from his position. BL is still on the payroll too. DOD has been notified but they haven’t done anything about either. Guess our security isn’t as important as they like American’s to think it is.

  18. Comment by EX-CSA:

    Ha anyone seen this? Why is this being published in the UK version of CNN and not the US version? CSA knew this and Paul McKay a Department Manager was required to have a clearance in that position. How can he have one being a UK citizen? He also hired MANY people in supply and other positions that required security clearances.

    http://edition.cnn.com/2010/US/09/22/military.contractors/index.html?hpt=T2

    • Comment by ohdearq8:

      Who says Paul McKay was required to have a clearance? How do you know he didn’t?

      I’m also from the UK but was cleared to work on Secret material on US projects. I even had custody of US Secret material.

      Get your facts straight before you try to assassinate someone’s character.

      • Comment by What!:

        If you read the article and read your contract all positions require U.S. Citizenship. And WHAT’S this nonsense about you being “cleared” to work on classified material??? If you did, you probably got it from word of mouth and were in major violations of the National Industrial Security Program…give me your name so I can report your as%$; I hope your comments makes its way to the powers that be that LNs have the opportunity and capability to possess classified material and thus should not be working on DOD/DOS contracts.

      • Comment by Ms Sparky:

        According to my contacts, my research and my personal experience Non-US citizens can not obtain a security clearance; however, they may be granted a Limited Access Authorization (LAA). LAAs are grant in those rare circumstances where the non-US citizen possesses unique or unusual skill or expertise that is urgently needed to support a specific US Government contract involving access to specified classified information (no higher than Secret), and a cleared or clearable US citizen is not readily available.

        So, you either had some special “one of a kind” skill and no American was available or you were a security breach. I’m leaning towards the latter.

        If anyone from Defense Industrial Security Clearance Office (DISCO) or Defense Security Service (DSS) want to investigate this further just email me via the “contact us” tab above.

        • Comment by ohdearq8:

          Thanks Ms Sparky. Now it is clear that non US citizens can work with US classified material, perhaps others will be more willing to believe us both.

          As for me, I wasn’t a security breach, I was the other reason you mentioned. All I’m saying is that I know from personal experience non-US citizens like Paul McKay could hold their post and not be a security breach. Obviously the USG thinks so too.

          Thanks for clearing that up

        • Comment by What!:

          Ms Sparky, you are a 100% correct on LAA’s however the key is

          “rare circumstances where the non-US citizen possesses unique or unusual skill or expertise that is urgently needed to support a specific US Government contract involving access to specified classified information”

          In 25 plus years the only personnel I have seen this apply to was NATO U.K Soldiers and some Canadians. I believe your assessment of Mr. “ohdearq8″ being a security breach is spot on.

          • Comment by Ms Sparky:

            I’m more inclined to believe (1) he thought he had a clearance and didn’t or (2) he was placed in a position requiring a clearance and his company disregarded that requirement or (3) he’s just lying. There is no way the background investigation wouldn’t have uncovered the fact he wasn’t an American.

            • Comment by ohdearq8:

              what about option 4, he was a security cleared defence contractor working on projects that required acces to the material we are talking about and this was obtain through the correct government to government channles that are required when working for one of the world’s largets defence companies.

              How come I am suddenly the bad guy. Just because someone hasn’t heard of this in “25 plus years” doesn’t mean it doesn’t happen.

              You don’t know be but you suspect I am lying – for what reason. I used to work for CSA and my contract had no requirement that I be a US citizen. Things have obviously changed but it doesn’t mean I (or anyone else on this forum) am wrong or lying.

              • Comment by What!:

                My comments were based off of your statement concerning yourself and not someone else you know:

                “I’m also from the UK but was cleared to work on Secret material on US projects. I even had custody of US Secret material.”

                Now you say:

                “what about option 4, he was a security cleared defence contractor working on projects that required acces to the material we are talking about and this was obtain through the correct government to government channles that are required when working for one of the world’s largets defence companies.”

                My experience in 25+yrs has been the aforementioned comment of Civilian and NATO force clearances. I didn’t say it couldn’t or didn’t happen or that you’re the bad guy. I apologize if you think your being attacked. That is not the case. But, these alleged violations by CSA of clearances, if proved to be true, really has me steamed.

                • Comment by ohdearq8:

                  Understood.

                  As I said, I also worked for CSA and I do share your frustration. Friends of mine are still there and I know they’re still dealing with the BS on a daily basis. I hope these guys at the top get what they’re due but for me, this is a closed chapter in my life.

            • Comment by joshua farrell:

              If he is a UK citizen and has a UK clearance, it can be cross leveled.

    • Comment by Ms Sparky:

      Thanks for the heads up. I just posted this HERE with a link to the DoDIG report.

      http://mssparky.com/2010/09/dod-contractor-csa-jeopardizes-military-mission-due-to-lax-security/

  19. Comment by Ray Simmons:

    SO, FOR ALL YOU FORTUNE TELLERS OUT THERE WHO SAW CRAWFORD, et al, AND US4 TAKING OVER THE KBOSS CONTRACT in KUWAIT; HA! CSA, LTD OUT, ITT IN!

    • Comment by john.sensen:

      KBOSS hasn’t been awarded yet. What are you talking about Ray Simmons?

      • Comment by Long Time in Kuwait:

        He’s right…. ITT won it this afternoon.

        • Comment by walt:

          Well I thought ITT didnt want it all. Antways alot of the scumbags will go now cause ITT will bring in their own managers

          • Comment by Smell the Coffee:

            Where are you getting this information that ITT won K-Bosss?

            • Comment by Long Time In Kuwait:

              Should be on FedBizOps today.

              • Comment by walt:

                I have looked and The only thing all over the web is CSAs extention from April that goes to November. Now I hope the Army built in the transition period. But who knows. CSA may replace Levy,Holmes, and a few other scumbags ,repaint the piece of shit company and sell it again. Apologies to all FPOs who are decent there, but the company is definately not worth saving.

                • Comment by Long Time In Kuwait:

                  Won’t be posted on FedBizOps until 5 pm Rock Island time.

                  Transition period will be 90 days.

                • Comment by Smell the Coffee:

                  Marvin Levy is no longer with CSA…. he “resigned” last week.
                  Michael Holmes is temp Director but is currently stateside at the trial of the CSA employee that is being charged with manslaughter. Head on collision with some MP’s while trying to pass a convoy.

                  • Comment by walt:

                    Well Levy needs to be named in the problems he allowed to continue. And Holmes needs just to be served papers indicting his actions while he is stateside. Levy was fired actually in a bid to show Defense contracting that CSA is “cleaning up.”

                    • Comment by Smell the Coffee:

                      I still haven’t seen anything about K-Bosss from and “official” source.
                      Nothing on ITT’s site, nothing on the DoD site.
                      I mean really, it doesn’t matter who gets it, one contractor is more or less like all the rest. Of course management changes (or should I say the faces change) but the mentality remains the same.

  20. Comment by john.sensen:

    Thanks for the information. LMAO! ITT dropped Agility’s ass last fall due to their suspension. Thank God Agility has no role in the contract!

  21. Comment by Ray Simmons:

    you mind who you call out john sensen; I’m way ahead of the curve and in the know; unlike alot of bull**** artists on this site.

  22. Comment by whogivesahoot:

    Long time in Kuwait, thanks for the info, can you tell us what part of the Kuwait labor this comes under please? This is in reference to the 36 hour cap for hours worked during Ramadan.

    • Comment by Long Time In Kuwait:

      Article 64 of the Law includes the following:

      “Working hours during the holy month of Ramadan shall be 36 hours per week.”

      Article 66 defines the overtime rates, and Article 67 defines a “fully paid weekly rest day which shall be fixed by 24 continuous hours after every six worked days” and the overtime payments required if the employer makes the laborer work on that designated day of rest.

      • Comment by whogivesahoot:

        Thank you very much for your help. CSA made all its employees sign a letter saying if we wanted to work 36 or 48 plus hours during the month of Ramadan. So by what I have read, the letter itself is illegal, on the premise we are breaking the law correct? No matter what, CSA should be paying us at our regular rate up to 36 hour per article 36 correct? Then any hours after 36 is at the rate specified in Article 64 and 67 correct? Is there an attorney in Kuwait who will take up this case as a class action suit to regain the lost salaries?

        • Comment by john.sensen:

          The DOD is reactive at best. Best case scenario would be if the DOD received countless complaints, they MIGHT investigate it. CSA and several other companies get away with these policies because very few push the issue. CSA and other companies simply believe you’ll trust them to do the legal thing and that you’ll fail to educate yourself. Sadly, few are knowledgeable on the Kuwait labor laws. If you have a Kuwait residence/work permit, the letter CSA asked you to sign is invalid, if not illegal.

          • Comment by Long Time In Kuwait:

            John is right… the letter is at best invalid and worst, illegal.

            There is a lawyer who is taking cases on a contingency basis. I’ll set up a shell email and post it so you can contact me.

          • Comment by whogivesahoot:

            DLA, CID and DODIG are you reading, watching and listening to this website? If you are then this should pop up on your scope and should warrant you investigation. But alast dear people this will never happen since the “good old boy” network is hard at work to prevent an investigation!!!!!!!!!!!!!!!!!!!!!!!!!!!! This is to save the academy shame!!!!!!!!!!!!

            • Comment by Long Time In Kuwait:

              I think they essentially consider a site like this as ‘blowing off steam’, etc., and don’t want to make work for themselves by looking into it.

              By the way, the email address for the Kuwait Lawyer information is:

              Q8Legal@mail.com

              I held the caps key down too long the first time I typed it.

              • Comment by walt:

                Hell yessss!!!! CSA is kaput. I only hope that ITT gets rid of all the scumbags A complete purge.

                • Comment by Rikki:

                  You fail to understand that ITT has it’s own RING of HONOR.

                  Jack Peterson

                  Flori Dowonoski (flipina) Finance Supervisor

                  Roger Prewett

                  Chris Livingston

                  So as the saying goes becareful what you ask for, “Grass is not always Greener on the other side”.

        • Comment by Smell the Coffee:

          I’m sure that USG contractors are exempt from this law. That’s why CSA was able to offer an “either or”.
          The mission for the US army takes presidence and the mission could not be maintained with everyone working 36-hours (which is actually ment for Muslims since they’re fasting) much less 48-hours.
          And who the heck would come to Kuwait to work 36-hours anyway? What a pay cut!

          • Comment by Long Time In Kuwait:

            US government contractors ARE NOT exempt from the Kuwait Labor Law.

            Period.

            The labor law does not specify that a person has to be Muslim to work the 36-hours per week during Ramadan. It is the law.

            Period.

            Are you saying that the mission for the US Army takes precedence over local law? I’m sorry, but even the US Army’s rules require all contractors to follow ALL local laws, rules, and regulations.

            ******
            FAR Sub Part 252.222-7002 Compliance with Local Labor Laws (Overseas).

            As prescribed in 222.7201(a), use the following clause:

            COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997)

            (a) The Contractor shall comply with all:

            (1) Local laws, regulations, and labor union agreements governing work hours; and

            (2) Labor regulations including collective bargaining agreements, workers’ compensation, working conditions, fringe benefits, and labor standards or labor contract matters.

            (b) The Contractor indemnifies and holds harmless the United States Government from all claims arising out of the requirements of this clause. This indemnity includes the Contractor’s obligation to handle and settle, without cost to the United States Government, any claims or litigation concerning allegations that the Contractor or the United States Government, or both, have not fully complied with local labor laws or regulations relating to the performance of work required by this contract.

            (c) Notwithstanding paragraph (b) of this clause, consistent with paragraphs 31.205-15(a) and 31.205-47(d) of the Federal Acquisition Regulation, the Contractor will be reimbursed for the costs of all fines, penalties, and reasonable litigation expenses incurred as a result of compliance with specific contract terms and conditions or written instructions from the Contracting Officer.

            (End of clause)
            ******

            Period.

            And, if working 36 hours means a pay cut, so be it… it’s the law.

            Let me give you an example:

            What if a US company, in the US, hired a Kuwaiti as a full-time employee to provide insight into working in Kuwait?

            So, the manager sits down with the Kuwaiti to explain his benefits.

            MANAGER: Ok, so you will get 10 holidays per year …

            KUWAITI: No, in my country, we get 13. And, I will be taking the Prophet Mohammad’s Birthday, and Eid Al Adha, and Eid Al Fitr …

            MANAGER: Well, let’s come back to that. Ok… you get 15 days sick leave….

            KUWAITI: No… in my country we get 75 days… so, that’s what I will take…

            MANAGER: uhhhh…

            KUWAITI: AND.. during the Holy Month of Ramadan, I’ll only be working 36 hours a week. That’s what we do in Kuwait.

            MANAGER: …..????

            ******

            Would that work in the US?

            No.

            Why is it any different in Kuwait? We are here on Kuwait government visas, technically working for Kuwaiti companies (Sponsors), and consequently we ALL are subject to the Kuwait Labor Law.

            Anyone that tells you any different is just plain wrong.

            • Comment by Smell the Coffee:

              Well the USG is aware of the hours we work because the pay for it.
              Period.
              I cannot prove nor do I know who to contact that would give me information other than the Kuwaiti lawyer.
              Those I’ve spoken too in CSA most like have been told by the powers to be that CSA (i.e. American contractors) are exempt since unlike TCN’s, US contractors make good money and are not treated like slave labor. (Some may cry otherwise).
              The DCMA doesn’t seem to have issue with the work schedule of CSA security.
              Is it right?
              I guess at this point I really don’t know.
              I’ve been here 15-years now and it’s always been this way (worse before since ITT paid strait time and that was it).
              I suppose companies could pay more an hour to compinsate for the lose of hours, but knowone is going to work overseas for nothing.
              That’s the only benefit for being here, the money.

              • Comment by Long Time In Kuwait:

                Unless someone files a complaint, the US Government is not going to make an issue of the hours. Only after someone complains with the USG even take notice, and then it’s between the company and the local labor courts. It is not the US government’s job to enforce local labor laws, only to require that the company follow and obey them.

                Different lawyers will have different opinions. Yesterday evening I spoke with a different lawyer who agrees completely with me … US Contractors and US Contracting companies are NOT exempt for the law. As the lawyer last night said “When in Rome, you must do as the Romans do.”

                The DCMA is not mandated to enforce local labor laws… and probably doesn’t care. It is the individual employees responsibility to ensure that they do not lose their rights.

                If an employee doesn’t speak out… doesn’t do something… it’s on them.

                I’ve been here 20 years now, and you’re right … it has always been this way or worse. I think the reason is that no one has had the Huevos Rancheros to stand up and speak up and take positive action…

  23. Comment by walt:

    Keep those comments and complaints coming CSA.
    Don’t forget the IG,FBI or elected officials. Levy,Holmes,Allen,Strickland,Anderson,Carter, Sallam all deserve to have their share of NSLB (No Scumbag Left Behind) attention. Perhaps the new contract holder will be directed to this post. Thats a hint FPOs in Kuwait!!!!!

  24. Comment by rextebxCSA:

    Yes, CSA is out…ITT in. Triple Canopy will be the company handling the guard force part of the contract. Just got the email yesterday.

  25. Comment by Ray Simmons:

    To Walt; don’t you worry, ITT has eyes all over this site and boots in the sand who know the csa players too. And hey Sensen, I was talking about me giving you all here a heads-up regarding ITT getting the contract, not Agility–following the trane of thought next time.

  26. Comment by Marty Miller:

    I’m a new hire FPO who’s waiting for a departure date to go to Kuwait. I was originally scheduled to leave on August 30, 2010.

    My departure was delayed due to Ramadan I was told. Since it appears that CSA may not have their contract renewed can I expect more delays?

    Thank you.

    Marty,

    • Comment by Long Time in Kuwait:

      Marty,

      There should be at least a 90-day phase-in… if they haven’t stopped the hiring process, they’ll probably put you on, and you’ll transition to Triple Canopy when the contract changes over to ITT.

      • Comment by CW:

        Kuwait is not issuing anymore Visa’s to CSA. Those who are there already and don’t have the Visa 18′s will be sent home. Change is coming for sure.

  27. Comment by Dave Hood:

    Marty- I arrived in Kuwait Dec 2008 thinking I was going there for a 12 month contract. Once I arrived I was told that CSA lost the contract and that I actually only had a 10 month contract and hence, my end on contract bonus would be pro-rated down to 10 months. CSA got one short extension after another short extension. I bailed after 7 months. The work was important but dull yet CSA embarrassed me. They were incompetent, corrupt and evil. They did not deliver on their promises. The only promise that they kept was that they did deposit the paychecks on the days that they said they would. The deposits were just a little light every time.

    If you can find a decent stateside job, go for it. If you must go to Kuwait, do what you have to do. Just don’t get too excited. I have no idea if things will be better under ITT and Triple Canopy. For my buddies still over there, I hope so.

    • Comment by walt:

      Dave is correct CSA management was corrupt and incompetant down to the Sgt level. If it changes under triple canopy it will be amazing. It is like cancer so the patient might die after all

  28. Comment by Ray:

    I am just glad between Triple canopy and ITT the contract will go much smoother. I did 2 years with csa, the managers did not show any respect for anyone. It’s really sad, I guess a little common sense and good leadership skills get you no where now. I am hoping the employees are much happier than before, but there is some that shouldn’t be there in my opinion. We all have a knack for certain jobs, and some this was not the job for them. However, I can’t believe the managers in kuwait that got away with what they did for so long without someone saying to them “your fired”. Hopefully things will turn around. This is a good contract, so whoever gets it needs to keep that in mind before they go messing it up again.

  29. Comment by rextebxCSA:

    3 more days until CSA is no more. Yea.

  30. Comment by walt:

    Thats Great!!!! Beware if any of these scum have managed to somehow worm their way in.
    Wall of CSA Shame

    Strickland
    Allen
    Carter
    Sallam
    Anderson
    Holmes
    Levy

    Feel free to add to the CSA Wall of Shame
    NSLB (NO SCUMBAG LEFT BEHIND)

  31. Comment by Dave Hood:

    Good news and bad news:
    First the good – CSA is dead, dead, DEAD! Triple Canopy took over yesterday. My buds still there tell me that pay went up to $18.35 and hour. They all seem excited by what Triple Canopy is telling them. Let us hope that TC lives up to its word.

    Now the bad news-The Easterners that CSA hired have been farmed out to a new company, KRH. KRH cut their salary in half; down to 100KD a month. About 1/2 of what they had been making.
    I’m hearing two variants – they quit and went back to India or they went on strike.
    I can’t see how the camps can function without the Indians.

    • Comment by rextebxCSA:

      True. TCN’s are a vital part in the camp(s) security. But, Triple Canopy is having all the jobs performed by ex-pats. We will see how long that last.
      Mr. Hood? Did you work at Buehring at one time?

  32. Comment by Dave Hood:

    @ rextebxCSA – No, I worked at VA.

  33. Comment by Dave Hood:

    I just heard from my buddies still there that the new company that has taken over the admin duties at the camps, ITT, has barred the use of the APO by contractors. So if they want to send mail they need to find a FedEx office. Their families back home have to send letters or packages via FedEx to KUWAIT!

  34. Comment by MEDICORP AUSTRALIA-JORDAN SUCKS!:

    Doing business in Iraq, where is the oversight now?

    Corruption is running rampant in Iraq, reducing the chances for positive change and influence in Iraq.

    Working as an independent contractor in a foreign country is difficult enough without the added burden of being an Expatriate working for a foreign company that does business unscrupulously. The fact is, that because the U.K., U.S. and other International Security Assistance Forces (ISAF) no longer maintains a significant military presence in the Middle East, Independent contractors who accept work with foreign companies, particularly in Iraq, should take heed—as there is no oversight for employees or contractors who are mistreated or do not receive compensation from the foreign entity that employs them in the Middle East.

    One such company is MediCorp, a partner of INTERMEDIC, which has been doing business in Iraq for several years and is based out of Jordan.

    MediCorp CEO/President, Gabriele Muntean and Robert McVickers, owner of Morris Corporation, in Australia, once ran the examination clinics at Camp Victory, Iraq. When the soldiers left, they paid over $400,000 U.S. dollars to have the entire operation moved to Basrah, Iraq. They hired Third Country Nationals from different countries, and then began working as a subcontractor for Global Linguist Solutions, and KBR to provide physical examinations to contractor’s who are working in Iraq.

    MediCorp hires expatriates to run their business; however, they are not legally registered to do business in Iraq. Expatriates and Third Country Nationals who take positions with MediCorps’ Al Zubair, location are not issued the proper VISAs to travel throughout Iraq to perform the physical exams, which puts them in jeopardy of being arrested. Recently, four Nepalese contractors were arrested when they attempted to return home.

    Contractors who complained to the owners were erroneously terminated, and subsequently denied their final paychecks. One expat was refused re-entry to the Al Zubair camp, and remains in Iraq with no money to return home. He has contacted the U.S. Embassy, with no luck, and has complained to the Department of Defense Inspector General (DODIG), who has not contacted him, to date.

    “All I want is to the money they owe me”, stated the stranded U.S. Expat, who asked not to be identified. “The guy that worked for MediCorp before me never got paid, either”, he continued. “I have some Iraqi friends that I have done business with in the past, that are helping me out, but their generosity only goes so far”, he continued. “MediCorp doesn’t even pay its Iraqi vendors, which makes all of the other companies who do business in Iraq look bad to the Iraqi people. They keep complaining to me, but I can’t do anything about it, because I am just trying to figure out how I am going to live day-to-day until I can figure a way home”.

    KBR, and Global Linguist Solutions are using MediCorp as a subcontractor to perform physical examinations for their employees to meet the contract requirements required in their Statement of Work, and have been notified that MediCorp has been performing the physical examinations using a janitor to perform the X-rays, and then submitting false claims to the insurance companies for reimbursement.

    The Department of Defense has been notified that MediCorp is violating the human trafficking laws by not allowing their employees the freedom to come and go as they please. “MediCorp won’t pay for your VISA until it is time for you to return home”, the Expat continued. “The VISAs are written in Arabic, and most of the people who work for the company don’t read Arabic. The reason that the Nepalese people were arrested is because they didn’t know the name of the company that was written on the VISA”, the Expat stated.

    It is common practice in Iraq to have different companies who are already doing business in Iraq to sponsor individuals for other companies.

    “I entered Iraq to work for MediCorp, but my VISA says that I work for XYZ Company. If I can’t read my VISA and I am trying to move about the country, or want to exit Iraq. I have to know to say that I work for XYZ Company, and not MediCorp, or I will be arrested”, he said.

    Corruption is running rampant in Iraq, and Iraqi government officials who have developed business relationships with companies, like MediCorp are protecting these companies and adding to the corruption and reducing the chances for positive change and influence in Iraq.

    “The owners of MediCorp have over $113 million dollars, and would rather pay hush money to the allies that they have in the Iraqi government than to do the right thing and get properly registered in the country, and run their company legally”, the Expat continued.

    “It would cost me over five thousand dollars just to get a lawyer to get fifteen-thousand dollars back. There is no oversight; the companies over here reek with corruption; because there is no one watching them”, he stated.

    Oversight in Iraq is desperately needed. The Iraqi people are trying to rebuild their country after a decade of war, and they need companies that are ethically strong, and legally bound to a higher standard of ethical behaviors. Until then, employees and contractors should closely scrutinize overseas job offers and have an attorney review an employment contract before accepting a position with a foreign company.

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