I have probably gotten hundreds of complaints from CSA employees past and present about what is going on with CSA in Kuwait. (click HERE to read some of those) It’s an OMG situation over there. I think CSA could be one of the DoD’s best kept dirty little secrets! I know I have made numerous reports to various agencies and referred countless current and former employees as well.
INSIDE WASHINGTON: Oversight lacking on war costs
By RICHARD LARDNER
Associated Press Writer
This digitally altered March 15, 2008, photo, provided in response to a Freedom of Information Act request for documents about the performance of defense contractor Combat Support Associates, was taken by U.S. military personnel, who included it in a March 2008 inspection report, and shows a for-hire guard asleep in a watch tower at a U.S. military base in Kuwait. The photo was digitally altered before release by the U.S. military to remove the guard's name. After the photo was taken the U.S. Army sergeant performing the routine inspection woke the guard, who, according to the report, said, "It's so weird that I can close my eyes for one second and then you appear out of nowhere." (AP Photo/Department of Defense)
WASHINGTON (AP) — During a routine check of a watch tower at a U.S. military base in Kuwait, an Army sergeant found the guard leaning back in a chair, his sunglasses on, apparently sound asleep. When the soldier woke the guard, an employee of a defense contractor named Combat Support Associates, he denied he’d dozed off while on duty.
“It’s so weird that I can close my eyes for one second and then you appear out of nowhere,” the guard said, according to the sergeant’s March 2008 inspection report.
The episode illustrates the problems between the U.S. armed forces and the industrial army supporting military operations in Iraq and Afghanistan. Demand for contractor services is heavy, while oversight of their work isn’t. That means problems often aren’t discovered until long after the payments have been made.
A major trouble spot is the business systems and procedures that companies use to bill the government. The numbers are eye-popping. Defense auditors have found at least $6 billion in questionable charges generated by sloppy accounting or, worse, contractors trying to bilk the military.
Yet, the Pentagon has done a poor job of recovering the money and forcing companies to improve, according to the independent Commission on Wartime Contracting. The panel cites dysfunction among auditors and contract managers, a shortage of personnel and a failure to be more confrontational with contractors who don’t measure up.
Based in Orange, Calif., Combat Support Associates is a largely unknown enterprise that, since 1999, has held an Army contract worth $2.7 billion to support U.S. troops at bases in Kuwait as they move in and out of Iraq. The company’s responsibilities include vehicle maintenance, warehousing, computer repairs and post security.
Between 2003 and 2007, when the U.S. invaded Iraq and then became ensnared in a lengthy counterinsurgency, there was little government scrutiny of the company’s business systems, according to interviews and government records obtained by The Associated Press through the Freedom of Information Act.
In late 2007, the military belatedly began paying attention. Numerous contract violations were found, several of them serious, leading to a flood of what contracting officials call corrective action requests. Last fall, the Army Criminal Investigation Command opened an inquiry to determine if Combat Support Associates overbilled the government. The case is ongoing.
The records obtained through FOIA show money flowing to Combat Support Associates despite an alarming catalog of problems later uncovered by Army contracting officials.
In one case, the company signed a $48 million deal with a Kuwaiti company to provide food, lodging and transportation for employees, but it did no detailed study to justify such a large expense. A memorandum supporting the buy included a price analysis three sentences long, which an Army review team called a “major systemic weakness.”
The documents detail other deficiencies. The company failed to properly secure classified communications gear and weapons stored in warehouses. And it was written up for having no system in place to check the identification of contract employees – who are often not American citizens – at U.S. maintenance facilities in Kuwait.
In the past two years alone, Combat Support Associates received dozens of warnings from the government to improve performance, the records show. Several of those have been Level Three warnings, which are issued only in cases of serious noncompliance with the terms of a contract.
None of this appears to have dented the company’s bottom line, however. Over the past decade, its performance has been rated as excellent, very good or good, according to the Army Sustainment Command in Rock Island, Ill. With those marks, Combat Support Associates has earned close to $90 million.
Part of the problem is a type of government contract that critics say diminishes the incentive for companies to keep down costs. The government agrees to reimburse the contractor for expenses, such as costs for equipment, leasing space and hiring subcontractors, plus a prearranged amount for profit.
For the military, however, these so-called cost-plus contracts are useful in wartime, when it can’t precisely define all the work that needs to be done.
Gary Lewi, a spokesman for Combat Support Associates, said all of the corrective action warnings have been or are in the process of being resolved to the “satisfaction of the client.”
As for the sleeping guard? He resigned, said Lewi, who provided no further details.
How the company’s contract will fare is up in the air. It expires in March, and Army officials say they’re contemplating changes in how they handle the base support work.
Jeffrey Parsons, executive director of the Army Contracting Command at Fort Belvoir, Va., said he expects the arrangement to be broken up into smaller, more manageable pieces that will generate competition and improve performance. (The original AP article no longer has an active link)
OK CSA employees. I know that CSA employees (past and present) can be very passionate about their complaints. Tell us more about what is going on.
Ms Sparky
Fattest
We seem to agree – I just tend to be on the less optimistic side. I personally love living and working overseas, but it is not for everyone as you well know. And yes if there are positions then it is easier to get hired if you are already there and have a good work reputation – basically because the previous guy has gone through all of the expense and hassle to get you there.
I think you are going to see some of the camps go away from the KBOSS – pretty sure you can figure out which ones – based on the mission and when they were added to the contract.
In any event it will be quite interesting to see who ends up with the new contract. Agree that it will most likely not be AECOM – hell they are now under investigation for their direct Iraq contracts.
Keep safe – stop by Ruby T’s and have a Blue Hawaiian for me.
On another note…what I’ve been hearing is that Kuwait is a great place to network for other positions with other companies… is this true?? and you know opinions are like assholes everyone has one…but when you have 10 guys and 7 out of them say that girl is ugly, and the other 3 say she looks ok…that girl is ugly…NO questions asked…if you know what I mean…so far that has been tha same statement for CSA…I’ve been hearing about all these security positions, but I’m not security..just a HVAC tech..does this change the scope of things with CSA?I spoke to my KBR former boss at BAF and he tells me that Fluor is taking all KBR employees and then will be filling in the blanks with folks from stateside.. Feedback people!!!!!
Interesting analogy!! You could have said DOG instead of GIRL. My 10 cents is CSA is a the winner of the ugly DOG contest!!
Don’t get me wrong…but I remember when I was in houston headed to BAF last year I heard so much stuff bout KBR good and bad…my head was spinning so fast it was crazy…so I said fuck it I need to judge for myself…I would say they were a 6.5 from 1-10…I was on a quiet FOB no headache…no big brass…didnt like the money..it was to short…but a cake walk…Ok Ms Sparky I’m gonna play this thing out as long as ni can…maybe Fluor calls me it 30 days or less…we will see. Hey I like dog too…..lol
I’m gonna change my name to slinginshit
Its not KBR people…the boots on the ground people who are supporting our troops. We need you there. Every camp is as different as night and day. My second manager was great to work for and I enjoyed my job. My first one was the anti-Christ! Made my life a living hell! It’s the big KBR picture that I look at now. Management from the DPM level on up.
Keep doing a good job!
So could we use the same analogy for judging CSA??? upper management??? SUCKS
When I say slingin shit that mean posting my resume with all companies stateside and overseas…it’s nice to have options…I’m gonna wait a little longer…CSA has my work visa and are trying to make travel arrangements…I told them I have some business to handle stateside and need 30 more days…what about the networking…and what would happen if I do go 2 kuwait and fluor calls me…then what??????
Don’t rely on being able to jump ship when you get to Kuwait. Labour law there requires your current employer to allow you to leave your job to join someone else. It’s all related to immigration.
CSA (and others) have a history of NOT allowing that so you end up at home without your last pay check.
Do the ground work from home.
THANKS A LOT FOR THAT INFO…HEY DEBBIE, I GOT A QUESTION FOR YOU…THINGS ARE HAPPENING SO FAST IT’S CRAZY…I JUST GOT A CALL FROM AN KBR RECRUITER WANTING TO KNOW IF I WANT TO GO TO IRAQ…WELL HELL YA!! CSA KUWAIT OR KBR IRAQ????? I THINK THAT ONE IS EASY…I SPOKE TO AN FLUOR RECRUITER AND SHE TELLS ME THAT THEY WILL HAVE IRAQ IN ABOUT 6 MONTHS, SO HOLD ON…ALSO THEY HAVE AFGHAN ALREADY AND WE KNOW THIS MUCH IS TRUE…TALKING TO ANOTHER FORMER KBR SUPERVISOR HE TELLS ME THAT ALL THE KBR FOLKS ARE GOING TO BE FLUOR FOLKS IN ABOUT 60 DAYS…I THINK I SHOULD GO TO IRAQ WITH KBR AND WAIT IT OUT TILL FLUOR COMES ON THE BLOCK…WHAT YOU THINK…CSA OR KBR??
AND YOU KNOW SOMETHING THERE IS NOT ONE CONTRACTOR THAT DOES’NT HAVE ANY ISSUES…I GUESS NO ONE IS PERFECT..BUT AT LEAST I KNOW ABOUT KBR FIRST HAND…CSA WOULD BE LIKE WALKING IN A DARK ALLEY BLIND FOLDED….YES?
That’s easy. KBR Iraq. Afghanistan is so screwed up right now with this transition, stay away if you can. I don’t know how a Fluor recruiter can tell you they will have Iraq in 6 months, the task orders haven’t even been awarded yet. There is only one task order that I am aware of that will be announced within the next couple of months and that is the CTP (Corp Logistics, Transportation & Postal). I suspect Fluor will get it, but as far as I know it’s not a sure thing yet!
YEP, KBR IT IS….I WILL KEEP YOU POSTED ON THE HAPPENINGS…STAY TUNED!
Does anyone know if this TO is replacing CSA, DynCorp or someone else?
ITT Awarded Task Order to Support U.S. Military Prepositioned Equipment
Colorado Springs, Colo., March 4, 2010 — ITT Corporation (NYSE: ITT) has been awarded a contract to provide maintenance, supply and transportation services to the U.S. Army and U.S. Marine Corps on Camp Arifjan and other locations in Southwest Asia. The award is a task order under the Field Installation Readiness Support Team (FIRST) contract vehicle, for one base year with four one-year options. The expected value of work completed in 2010 is approximately $45 million, with a total potential contract value of approximately $230 million with all options exercised.
I’m a police detective and worked for CSA for about 9 months in 2008/09….although I wouldn’t admit that in public. I was one of the lucky ones who were able to transfer to Law and Order Police after about 6 months as an FPO. The biggest shocker for me was the low caliber of personnel they were recruiting to positions requiring the handling of weapons and crew serve weapons. I know for a fact that at one camp one of the FPO’s was a convicted felon because he prided himself on it. The company as a whole had a very “ghetto” mentality and as a cop I found myself working with people I normally would have arrested in the real world. If you want more info on CSA, get the January 2010 issue of Soldier of Fortune Magazine. A buddy of mine and former FPO wrote a 4 page article on them and made the cover too.
I will see if I can find a copy and get it posted. Thank you very much and thanks for serving!
I was contacted by recruiters back on dec 09, recieved an offer letter Jan 11, 2010, accepted the offer, then told I needed a clearance for the position. Once I went through hell filling out tons of paper work and spending my unemployment money, I was told I was awarded a interim clearance, then told I was going to hear something in about a week regarding to my deployment to Kuwait, it’s going on 2 damn months and nothing yet, I contacted my recruiter and keep getting promises on how things will be taking care of and I hear nothing back so I always end up contacted her and I get the same BS. I even emailed Mr Mullen and no response. Can CSA claim me as their employee and still get paid for hiring me without me actually working for them? Does it really take this long. I’m so dissapointed, I was really counting on this job, I have a family and my unemployment is running out fast.
DamnCSA…I am about in the same timeframe as you on everything you described above. Do you contact debbie, does she tell you that the visa is on order and once thats done you will get a plane ticket in your email. have they gotten your email wrong during important times and its taking forever…have they said that there contract just got extended 6 months? Mr mullen has not returned my emails either. Does your contract end march 31?
Congradulations!! Unfortunately I dont have Debbie’s contacts, would you be able to provide me with it? maybe she can give me an answer, yes or no sorry your position was filled. Mr. Mullen has not responded to any of my several emails I sent him. Does it take this long for them to handle visa situations? They never mentioned any contract extention to me, I spent so much money faxing, scanning, and printing so much documentation, followed and completed all they asked of me and at the end im getting the cold shoulder with no answers. Take care
Regards
overworked at 13.70usd an hour?
cry at this csa waste.
There is a Trainer at CSA (former experience as a teacher, not certified, possibly no masters) earning more than Professors at the universities in Kuwait.
He/She gets a free ride to/from work (no long lines at the security checkpoints and the no one else is in the car with him/her) from her villa (she’s married to a kuwaiti) in the suburbs and gets 2,000KD a month for a 9-5 job at arifjan.
I applied for this job and would have asked for 1,200!
Cost plus with the USG not challenging any invoice = overcharging.
It would be more beneficial to CSA to hire someone married to a Kuwaiti as CSA needs the ‘wasta’ since they are not following the guidelines recently set by the new Labor laws.
What’s the latest on the new contract award? Heard a rumor last week that AECOM had a leg-up. Rumors, rumors, rumors. How long does the extension run and when is the award expected? The USG can always T-for-C and start the new contract prior to the end of the extension. Apologies, I haven’t been able to keep up with all of these large contracts in CENTCOM.
I would be concerned if AECOM won the contract – since they are the major partner in the CSA JV with 51%. They knew two years ago that CSA had no chance of winning the recompete – so they took the same group of companies and people and just bid it as AECOM prime – rather than under the JV.
This would result in no change in operations, the treatment of the people or anything else. They would continue to use the offshore company CSA, LTD to do the all of the work. You would think with all of the investigations they would steer clear.
Also since it is the same company – why would the Government bother to T4C and then have to pay ‘reasonalbe’ close out costs to CSA as it is a Cost Reimburseable Contract. It would result in them makiing even more money.
But then again – it is the Government and who knows what is in their decission making process.
I heard that AECOM wanted/needed to change their labor provider (KRH, Heston, ???) currently used for the CSS-K contract and this was the only way they could do it. If CSA changes one partner, the JV dissolves.
They never wanted KRH to start with. The original proposal only included AC3. After contrat award the Government DIRECTED that they use KRH – got messy since Combat Support Associates had already signed a Subcontract with AC3 – so they use one for TCN (KRH)sponsorship and the other for EXPAT (AC3) sponsorship.
KRH is not part of the JV. The JV, which is Combat Support Associates, LTD registered in the US (State of California) members are AECOM, RAM and SMI all US companies. The JV can still exist as a company if they are given the subcontract. CSA, LTD (CSA does not stand for anything) – which is the Cayman Islands company doing the actual work is actually a totally separate company.
So you see wanting to get rid of KRH would have no affect on the JV. KRH merely has a Subcontract with CSA, LTD, not even Combat Support Associates the JV.
Who directed CSA to use KRH ?
CSA leadership needs to change all together, all they do is tell you the things they dont do I would like to hear once about the things they do for us. We work in crappy conditions half of our equipment we get issued is already falling apart and the other half is not worth putting on. We walk around in torn uniforms because supply will not issue us new uniforms but we get inspected every mornings. I have yet to see a Lt., SSG or SGT do proper post check but I have seen SGT’s do a post check before the FPO actually gets to there post. I have never given a post briefing but according to those senior Sgt’s I have done a whole hell of a lot of them. Now we are bieng screwed out of our bonus but they throw a lot of BS concern to us every day about how they are trying to correct it. The females that get moved to office positions well I would love to see the resumes, does anyone know about the 2 females who couldnt pass a PT or firearm’s who are now in civilian clothes and driving around company vehicles I’m thinking of a few positions they got in. Someone has got to know of a way to stop this BS from going on. The upper management cant even get along. The upper that put your resignation in you should of quit but I understand you have a daughter that works in Security now and you have to look after her best interest or until you secure her another job. Im going to try and use CSA to my benefit hopefully I can hold out till June!!!!!!
Everything you say is the truth I work for CSA an in Security the chosen Females are not pulling security while others are breaking their back carrying all the delapidated equipment day in and day out and they dont get the special duty jobs no break for them and heavens forbid you should say anything about those females that are doing the special on the back jobs. It is in your face and done all out in the open because everyone is so scared to say anything because of retaliation.
Well, with everything being said…..CSA is still here@!!%&. Still contracted to 9/10. No rumor of new company.
Where CSA is concerned, there has to be a military official with his hands in the pockets of a CSA big wig, who has his hands in the pockets of a corrupt politician, and so, on and so on, and so on….I have sent countless emails to the DODIG, who is supposed to be the watchdog for this company, but very little has been done to change anything…here is one of the emails I sent:
——————————————————————————–
I wanted to let you know that I have discovered something very disturbing about CSA.
There is a group of people that call themselves the “black masons”. Apparently they recruit persons of color, and have been secretly passing out t-shirts and offering “protection” and “promotions’ to new Force Protection Officers hired on the contract. (In fact, there is a female that just got hired, is less than 90 days in, and is already being groomed for a promotion, simply because she allowed herself to be part of this “gang”, her name is Maria Rancon). From what I understand, this group then “takes care of each other”, and pass women around as though they were slaves….these men wear rings that signify their affiliation with a place called “Prince Hall”, and even the women are associated with the group and call themselves the “Eastern Star”.
I was also told that Mr. Levy (along with SGT LeSane, LT Moore, and LT Keasrse) at Camp Arifjan, Mr. Wilson at Camp Buehring, and Mr. Allen, also at the northern camp support this affiliation. So much so, that even Chief Robinson, (the Navy Contracting Office Rep) who visited Camp Buehring noticed that the majority of personnel at Camp Buehring are African American.
Apparently there is also some kind of time card fraud that has been going on for some time, something that they call the “Kisosk System”…I am not exactly sure how it works, but as it was explained to me: SGT A wants to “take care of” one of his buddies who needs time off, so he goes to SGT B who agrees to fill out the time sheet and sign off on it for future favors…..the senior member of these groups are allowed to harass the junior members, and are even allowed to demand favors from their “women” whenever they want….I cannot substantiate all of this information, but what I can do is provide names of African American men who have been “approached” to join this “club”, and because they refused, they were harassed and treated unfairly by the LTs and SGT’s…SGT LeSane even went so far as to call FPO Lundy a piece of Sh#@ because he’s a ‘black man who is willing to work for the white man”. There is a man named Robinson (i dont; know his first name) who works on the night shift who has been mistreated for not wanting to join their club, as well as Walter Lundy and a man named Korey Jordan, these men can substantiate that a group like this does indeed exist, and that they have been harassed for not wanting to join it…
CSA is a corrupt company that has been allowed to violate the very sanctity of the American dream and is a slap in the face to every American whose life is lost to protect the very freedoms that this company ignores….. I intend to leave this company very soon, but wanted to make sure that this information got out in the hopes that someone, somewhere will put a stop to the corruption..We are Americans! What do we stand for if not the freedoms that we are here fighting for?
Here is another email sent to DODIG about CSA:
Allegedly, CPT John Turja and Security Manager John Hopper have been made aware on
several ocassions of time card violations authorized by their two shift lieutenats: LT Moore,
and LT Kearse, and shift SGT LeSane.
Allegedly, these officers have allowed personnel assigned to the Swing Shift to download
weapons early, allowing them to leave one hour early each day, but continued to charge the
military for 12.5 hours for each officer. A review of payroll records against the armory sign-out
sheet, as well as interviews with personnel may be in order to ensure that funds are being
appropriated in the correct manner.
On a separate note, CPT Turja, the Operations Manager is known to breach Camp Arifjan
security every day. CPT Turja lives off of the installation and could very easily have an IED
planted on his vehicle overnight. He has been informed on several ocassions of this violation,
but contines to refuse to have his vehicle searched when he arrives at Camp Arifjan. Instead,
he drives through the convoy lane breaching camp security and becoming an enormous
threat to personnel. Because of the current volatile conditions throughout the region and the
world, I believe that CPT Turja should either be severely reprimanded or terminated for
placing the lives of civilians and military personnel at risk. Most Force Protection Officers
would have been terminated already for even a single incident of security breach. CPT Turja
has been doing it for years.
And another complaint to DOD-IG: ——————————————————————————–
For as long as Combat Support Associates has had their contract, they have paid Force Protection Officers a mere pittance ($65K) compares to other security companies ($90-100K).
From what officers are told, the company makes $180,000 a year, half of which is paid when an officer is hired, the other half when an officer completes their 90 days of training and becomes certified. Once that happens at CSA, the officers’ days are numbered, which has created an environment and culture that welcomes discrimination. Meanwhile, the company has made an estimated $115,000 profit for each warm body that works for them, so the turn over rate becomes astronomical, and taxpayers are footing the bill.
Adding insult to injury, the company only pays 144 KD to officers every two weeks for FALA, (half of what they are paid by the Kuwaiti government), and pockets the rest.
I hope someone is doing something about this because Americans are being victimized with each day that goes by
——————————————————————————–
From: Request Assistance
To: info@ap.org
Cc: dod hotline
Sent: Thu, May 27, 2010 11:28:42 AM
Subject: Corruption in the Middle East
To: Anyone at the Associated Press,
I sent this to the DOD to get help for all of the corruption, time card fraud, nepotism, favoritism, violence and potential violence, reverse discrimination and cruelty that is going on a contract in the Middle East (Combat Support Associates) but no one is doing anything about it. here is the email i sent to the Department of Defense complaint department. i havent heard or seen any changes and it just keeps getting worse i need the job so i can’t leave but as an American citizen i just can’t believe that it is ok to treat contactors like this and get away with it just because we work overseas what happened to our rights? Did we sign them away becase we signed a contract to work overseas?
Sun, May 9, 2010 11:51:23 PM RE: CSA Whistleblower
From: Request Assistance Add to Contacts
To: hotline@dodig.mil
To whom it may concern
I have been working as a Force Protection Officer for Combat Support Associates for nearly one year, and have witnessed a host of violations that I can no longer remain silent about. Here is a summary of what I have witnessed with names of offenders:
There is a serious discrimnation issue with this company that pits “blacks” against “whites, and with other minorities (Asians, Indians, women) segregated into “camps”. The discrimination is blatant and often targeted against women, older personnel (age), Whites against blacks, Blacks against Indians, and blacks against whites (reverse discrimination). Sexual harassment against women has caused most females to either transfer from the primary camp to one of the outer camps, where they can either “go along”, “get along” or go home (most of them go home).
The Security director, marvin levy has created an atmosphere that allows these types of behaviors to continue, and positions his “favorites”, in jobs where they can take advantage of and mistreat personnel. They talk down to people and create an unhealthy, unsafe, and hostile work environment where they overwork personnel, and then refuse to pay them overtime. Out of spite, or just to “mess with them”, supervisors will place some Force Protection Officers at uncomfortable posts (where they stand in the heat for over 12.5 hours with little to no breaks, and/or no air conditioning, flies everywhere, etc) and if they complain, they remain assigned to these posts longer.
Mr Levy ignores these thing and has “turned a blind eye”, when it comes to requiring his “favorite employees” (Moore, LeSane, and Kearse) to perform the Physical training tests, Annual Certifications, and weapons qualifications that all Force Protection Officers are required to perform, either allowing them to “pencil” in these requirements (so that they can receive their bonuses and keep their jobs), or not bothering to track this requirement for them. This has resulted in an environment that encourages discrimination among the employees and has reduced morale to the point where officers are leaving continuously.
Mr Levy allowed an incident where a weapon was “accidentally” removed off-base (left in the trunk of a vehicle overnight) because a Force Proection Officer did not perform a PMCS on his vehicle. SGT LeSane, directed the officer to “pretend it didn’t happen” and encouraged the officer to “cover it up”. Witness statements were completed, but the investigation never went anywhere.
SSG Hulin, is alleged to have recently made a blatant and derrogatory remark against two African-American Force Protection Officers: FPO Doe, and FPO Bennison (allegedly using the the word “Nigger”, and saying that “they all look alike to me”). A senior supervisor obtained statements to investigate the incident, but the “investigation” headed by the, (Security Manager was “squashed” to protect SSG Hulin and nothing was ever done about the issue.
Shift supervisors like SSG Aaron Lang and LT Kearse, are allowed to abuse their authority on a daily basis, and when upset with someone (especially people who call in sick), they place employees on the more dangerous or difficult posts to “get back at them for complaining”, further creating an environment that is both unhealthy and unsafe for employees. They “punish” people for taking off sick (either by putting them on uncomfortable posts, or in many cases, not allowing them to re-contract), and discourage the use of personal days (telling officers that they have to put them in 10 days in advance, (and then most of the time, they won’t authorize the time off)
Allegedly Mr Roderick Moore, Mr LeSane, and Mr Strickland (at Camp Buehring) are notorious for their part in making women feel as though they are expected to exchange sex for a better position or a good assignment. Women have gone home rather than “deal with the sexual harassment problem”
Time card fraud is contstant among the supervisors at all of the camps. Force Protection Officers often work well over 16-17 hours per day, and are not compensated for their time. Mr levy expects us to to “take one for the team”, because they dont have to get paid for everthing”. Primary violators: . There have been several ocassions when officer time cards have been changed by the supervisor, and the officer being told that they have to sign the changes. Most officers comply for fear of retribution or losing their job.
There is an overall feeling of fear of losing ones job for complaining, so most officers prefer to leave rather than “cause problems”. Most officers dont think that they can do anything about what goes on..especially since the CSA HR department is manned (for the most part) by people who do not know what they are doing. In fact, the HR Director, Mr Hawkins has no idea what is goin on, and doesn’t appear to care. Jamar Bates, the ER rep used to be an FPO, and is a “company man”, who only pretends to help people who make complaints. He never does anything to correct these things
The cruelty, lack of professionalism, and blatant discrimination against all Force Protection Officers working for Combat Support Associates is an embarrassment and reminiscent of an America that once allowed such abuses (before laws were put into place to protect the civil rights of all American citizens) . Since CSA (Force Protection) is a U.S. Company, they should be made aware of the fact that Americans (and non-Americans working for a U.S. Company) deserve to be treated the same way all Americans in the U.S. are treated in the workplace; with fair and equal treatment under the law.
It is not a secret that CSA is paid for the services of Force Protection Officers once an officer has completed the 90-day introductory period. When that happens, supervisors are allowed to terminate employees “whenever they feel like it”, because management believes that all CSA employees are “At will employees”, and does not understand that discrimination, sexual harassment, and other illegal acts against employees wipes out the “At will” doctrine.
It is my sincere hope that something will be done about these violations to protect Americans who work for U.S. companies living and working abroad without fear of retribution, retaliation or loss of employment.
Thu, May 20, 2010 8:39:24 AM CSA Whistleblower – 2nd complaint – Racial/gender Discrimination
From: Request Assistance Add to Contacts
To: dod hotline
——————————————————————————–
I am writing, again to submit a separate complaint, because I am very scared.
I am a female in Kuwait, and while I am aware that there is plenty of discrimination against females because we are
considered to be (“lower than the dogs”), a favorite quote of the men here, I am especially concerned about the treatment
of CSA employees.
This complaint centers primarily on the Director of Security Services, Marvin Levy, who has allowed these discrimination to
manifest under his watch. In fact, it is very likely that he has allowed it to evolve to the point that women fear losing their jobs
unless they submit to the advances and sexual demands of supervisors and managers (primary of the African-American persuasion),
including men like:
SGT LeSane
SGT Lawrence Strickland
LT Roderick Moore
LT Kearse
James Wilson
(To name a few).
I am scared because there is a very obvious DIVIDE between the “blacks and the whites”, which dates back to behaviors seen during
the racial eras (1950s, 1960s, etc).
There is a group of people that call themselves the “Prince Hall” Masons here. Most of the officers call them the “ring bearers”. They have the majority of the high paying positions and “rule” over all of the camps. Director Marvin Levy, from what I am told is, himself a “ring bearer” and has placed these people in the positions that they are in. There is even an association called the “Eastern Star” that allows only African American women. They get favored positions, and I am told that they are required to “service” the males, although, I am not too sure about that. Another fear that I have is that I will eventually be “coerced” into either sleep with someone or lose my job.
There are officers are beginning to speak out publicly against the discrimination and sexual harassment at the guard mounts, but there is no one around to hear or do anything about these issues (the executive staff—ALL OF THEM, just turn a blind eye!
These officers carry weapons! Some of them are drink (even though it is illegal!) The heat is getting to eveyrone and tolerance is becoming less and less, I am afraid of what will happen if you turn a blind eye…..I don’t carry a gun right now because most females work in the offices.
My fear, is that someone that does will decide he or she has had enough, and then it will be Fort Polk, or Columbine here.
I am scared, because the executive staff that makes all of the money, is just sitting back, stuffing their pockets, and DO NOT CARE about the hourly workers that they treat like second class citizens. We still have incidents of unstable behaviors by FPOs and John Hopper, the new security manager, who is a real nut case and knows nothing about what it takes to work in a corporate environment…unstable behaviors go unchecked and I am afraid that with the increase in heat, the increase of behaviors that I have heard and witnessed that are akin to “road rage” will cause an incident similar to what happened in Connecticut a few days ago
CSA is A HORRIBLE COMPANY, WONT SOMEBODY PLEASE HELP!
Time sheet fraud needs to be investigated. We constantly stay beyond our 12 hour work schedule without further compensation.
Here are the Labor Laws of Kuwait for 2003 through April 2010
http://www.scribd.com/full/34460009?access_key=key-1zusukj5ry6509hjfqsx
And the current labor laws are:
http://www.scribd.com/full/34460390?access_key=key-vmidzgargu25yn8y796
I will be posting for you the instructions to file a Labor Claim against CSA and KRH because you are most likely not a CSA employee, but a KRH employee.
http://www.scribd.com/full/34460464?access_key=key-2h79jxpdbi88gtww4929
The places you will need to visit to file your case will be given as GPS locations because who can read this scribble.
CSA shared the same subcontractor KRH and if any of you have information about overcharging for Apartments or not being paid double-time for Arabic Holidays or overtime at the correct rate, which you will see in these 2 Kuwait Labor Guides, then I have a couple of False Claims Act attorneys to refer you to.
There is a DoD IG investigation going on right now into ITT and KRHs use of fabricated and misrepresented Arabic documents and ………. a few other things that CSA and ITT have in common.
Read the labor guide. The Arabic document is the legal labor contract in Kuwait and your other contract doesn’t mean anything.
kevenbarnes@yahoo.com
This is also a severe violation of the Federal Labor Standards Act which provides for time and a half for hours worked over 40 in a work week. I would shutter to think that federal laws are being ignored just because the contract says all employees will work a 48 hour work week…that doesn’t change federal law, people
You’re not in Kansas anymore, Toto. CSA is required to follow Kuwait Labor Law, which uses a 48 hour work week.
Extreme behavior by particular individuals is not curtailed, and eventually somebody is going to get seriously hurt. FPO’s positioned as proxies/”snitches” charging for time they don’t do. FPO’s come to work in civilian clothes and don’t arm up. Most admin personnel get hired off OJT without passing any certification. OJT for one month!? Where’s “Brubaker”? All this behavior is not new, but blatant.
“Jeffrey Parsons, executive director of the Army Contracting Command at Fort Belvoir, Va., said he expects the arrangement to be broken up into smaller, more manageable pieces that will generate competition and improve performance.”
Parsons – First you would have to have a competent contracting team at Rock Island and Camp Arifjan that understood what the Competition in Contracting Act actually meant and then fire whoever hasn’t generated enough Warranted Contracting Officers that actually understand what the FAR is. They would actually follow the PARC rules and post all solicitations greater than $ 25,000
How many Contracting Officers have gone to jail from Arifjan ? 30 ?
Kev,
I emailed you did you get it
Has anyone considered writing your congressman/women about what’s going on at CSA.
##### ATTENTION CSA EMPLOYEES####
#### READ THIS! ####
A Law firm in Texas is interested in talking to you about the discrimination, sexual harassment, etc., issues you feel you have suffered at the hands of CSA staff and personnel. If you feel you have a grievance and can support it with facts and evidence, you may contact any one of the following Attorneys:
Heidi Vicknair heidi@kellylawfirm.org
Todd Kelly todd@kellylawfirm.org
Reagan Kelly reagan@kellylawfirm.org
CSA Employee Relations Rep Jeffrey Gaston has also made himself available to assist, if you feel that your grievance can be solved at the lowest level.
Jeffrey gaston Jeffrey.Gaston@csakuwait.org
Principal Address:
One Riverway, Suite 1150
Houston, Texas 77056-1920
Phone:
(713) 255-2055
(866) 767-2945 (toll free)
(713) 523-5939 (fax)
I have a good one for you CSA is terminating or as they say not recontracting me because I sustained a injury on the job that is preventing me from completing the PAT Test I have filed a workers comp claims. This is against the law and the law is clear and precise on the subject. They think the fact that we have to sign an extension every 6 months has given them the right to do this to us. Leave has been denied for me to go home for surgery to correct a injury that happened on the job. Denial stated NOT CERTED.So CSA will not recontract me but yet they have denied the leave for me to get the surgery needed.
Here is the problem in this situation. The US Government Contract is with Combat Support Associates, a US Joint Venture. They inturn SUBCONTRACTED the work to CSA, LTD., a Cayman Islands company. Unless you have a Security Clearnce Requirement in your position then you do not work for Combat Support Associates, you work for CSA, LTD.
Under the FAR the Government has no relationship with a Subcontractor.
Additionally, the Government specifically stays out of labor disputes and requires only that the Company settle their own disputes and continue to perform the contract during any contract disputes.
Hey CSA is not CSA–that is not all together true. While CSA Ltd is a Cayman Island Company, Combat Support Associates, is not. If you read the information that is sent out by the CSA recruiter, Combat Support Associates is a U.S. held company and is required to comply with U.S. laws.
CSA employees and even Americans are most likely not CSA employees. As an ITT Corporation employee, this is what I found.
This was given to me by a KRH employee who said it was for car insurance. It was only in Arabic. I had it translated after I retrieve the document with the help of Kuwait Labor Lawyer – Dr. Al-Enezi.
http://www.scribd.com/full/34460464?access_key=key-2h79jxpdbi88gtww4929
This was the work permit that was on file that I retrieved and had translated stating the I was an employee of KRH and not ITT. It underestimates the salary which, if ITT is going to give away my Privacy Act Protected information, then you would think Gary McGraw and Molly Harris would have gotten this part of the lie correct.
http://www.scribd.com/full/33651843?access_key=key-1qch7rjvatjycxa3q4ch
Who else has fraudulent labor contracts and work permits filed with your Privacy Act information in the hands of an Arab you don’t know and have no reason to trust – Muhamed Saleh N. Al Khanna
http://www.scribd.com/full/33652032?access_key=key-5gxdwsi3wkowc48o04p
The companies listed in this document that KRH say they sponsor are all at risk to having their labor contract invalidated by this fraudulent activity.
http://www.scribd.com/full/33651827?access_key=key-xht8p9dyv5jy6bmzzcp
Richard Lardner should have asked the NUMBER ONE QUESTION “Why isn’t the U.S Army guarding their own base for 1/10 th of the price?” Is it a matter of being lazy or does the U.S. have a habit (now) of entrusting their own safety into the hands of people from other countries who can easily be bought off for $ 200 to let someone slip by. Who is it making these decisions? LtCols or Generals and who is getting paid off to allow such a drop in security and putting U.S. Soldiers at risk.
You probably don’t get the paper out there at Arifjan. But the 8 unidentified Kuwaiti terrorists that were going to storm the base has a little show trial and their names were kept out of the paper so you won’t know who they are, and they are walking the streets again – planning their next attack. Don’t forget Alajmi – Gitmo came back and Kuwait thought they had him rehabilitated. He went up to Iraq and became a suicide bomber. They are here inside of this 50 square mile sand box and Americans are at risk when their Privacy Act Protected information is being allowed to sit in the hands of an Arab owned company. The Army knows that is against the Terms and Conditions regarding safeguarding Privacy Act Protected information – yet the contracting officers are selling out Americans – both in uniform and out of uniform.
What does it say about a company that held a promotion board for it’s “favorite” (idiot) sergeants and then discovered that they were too stupid to pass the (mandated/required) test! SGT LeSane: Didn’t you study? Or did you think your “homies” (or Levy) would take care of you? hahaha! the REAL sergeants that do all of the work and make sure that the rules are being followed, weren’t even ALLOWED to go to the promotion board! Why? Because HOPPER (the idiot) decided that a write up that took place A YEAR AGO, was a good reason to keep one of the SGT’s (Baisden) from being able to go -BUT the REAL REASON is because she is #1 Female, #2, African American, and #3: NOT A FRIEND OF CPT TURJA (you know, the guy that breaches the camp everyday) or HOPPER. Lundy and Jordan two other persons of a different color have been TARGETED to termination by these two (white guys) and poor SGT Zupo (who used to be SSG Zupo before TURJA and HOPPER decided that he is too OLD to work for CSA) has been left out of the loop and doesn’t even have a specified job anymore? The one man who he THOUGHT was a “friend” (Holmes) has forsaken him and ignores him completely!! He has saved this guys ash-ta-bulah more times than you can count on an Abacus, and Holmes would rather “save” and “protect” his idiot buddies (Turja, Hopper, Hulin and Sheppers) rather than treat someone who has been so good to him like the true friend he thought he was. What does that say about HOLMES’ character? Whether anyone knows it or not, this has been a “Blacks” against the “whites” fight from the very beginning. Holmes (the white guy–who everyone thought was the “good guy”) constantly battling against Levy (who is definitely the “bad guy”) for “power and control” over the CSA “herd” of (what they both consider) “insignificant people” that are mistreated and stuck in the middle of these two small minded morons who really believe that they can act this way and treat people this way–and get away with it…It’s good versus evil here at Combat Support Associates…and Holmes and Levy are both on the “evil” side….so—WHERE IS THE GOOD GUY???? My money is on the military customer, who should be screaming “What the f#@$!? Get these idiots off of my camp RIGHT NOW!” at the top of their very powerful lungs!! So, what say you, COL CHEATHAM-ASG-KU COMMANDER? Are you the good guy?
OH DEAR GOD, I heard that CSA got another cost plus 6 month extension. 6 more months of raping the customers over the coals with a open check book and taking what they can manage to get away with. Work situation are deplorable and the employe turn over is at its greatest and CSA is taking it to the bank. Workers dont know the policies because everything is word of mouth so people are being written up for infractions that they did not even know was a violation. The policies are kept a secret and you can not get a copy of so much as the sick leave policy and procedures. The security dept is constantly discriminated against. Time and a half for OT that is a joke and no one cares that our rights have been violated I wonder how many times that the department of labor has been contacted about this issue.
Hey 3 Years, why are you afraid to say your name Ms. Rogers.
I don’t recommend that if you are currently employed by CSA.
Just so you know…we get paid time and a quarter for OT…not time and a half (unless its holiday OT)…and that is mandated by Kuwait law….so not much you, me or the company can do about it. Just saying.
You are right MORE THAN 3 it is time and a Quarter and I apologize for that miss print…..THANKS for the CORRECTION
CSA is a Great Company I have worked for them for 2 years. All i’m hearing is whining from the FPO’s you knew what you were getting into when signed on. Be glad that you have a job!!! Be glad that you got selected to work for a great company. If dont like it catch the plane out of there and stop messing with everyone else. I miss you Sgt Zupo your buddy from 06.
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
MMMq8
While you may be an Arab and it is fine in your culture to lie in order to gain compensation, there is that word called integrity which we have tried, by example, to show you that what you say is entirely unethical.
It was entertaining to read that you have copied and pasted – what – the current labor law or the old labor law. Which MMMq8.
Meanwhile, while you are trying to look up the words ETHICS, INTEGRITY, and UNETHICAL, why don’t you have a look at these 2 documents and understand that I had one of those American Contracts and KRH (read this SAIC ) disregarded the legal labor contract and instead put into the Ministry of Labor and Social affairs a labor contract that I neither agreed to or approved. What do you say to that MMMq8. You see, I went to Iraq and was an Advisor to the Iraqi MOD and this culture that you seem to think is quite normal is there too. We call it corruption in America and I don’t know if we will ever break you of it – but it sure is fun reading that corruption is alive and well in your brain.
http://www.scribd.com/full/34460464?access_key=key-2h79jxpdbi88gtww4929
http://www.scribd.com/full/33651843?access_key=key-1qch7rjvatjycxa3q4ch
Now MMMq8, if you are writing and reading in English, then you will be able to read this and see that my contract looks nothing like what KRH put into the Ministry of Labor – does it. Even if you look at all that scribble all day long – just try counting the pages M and you will clearly see that what we have here are several violations of ITTs Prime Contract.
http://www.scribd.com/full/33651707?access_key=key-25bugu6eujzzn3djl7t6
M, if you still are not convinced then look at the current Kuwait Labor Guide and stop trying to convince these people that the Primes are abiding by Kuwait Labor Law when employee after employee coming forward are not being paid according to Kuwait Labor Law and they are being cheated by what amounts to about
$ 20,000 – $ 25,000 per employee per year.
http://www.scribd.com/full/33651669?access_key=key-1z9k7xh64wnedglyv5j0
The Kuwait Labor Guide is gender biased and religiously intolerant – all things that our Constitution of the United States would tear apart in our courts. So why is it that the U.S. Army is allowing Americans rights to be violated under a U.S. Government Contract. Well M, the U.S. Army are more like you that maybe you can believe.
2010 Kuwait Labor Guide.
http://www.scribd.com/full/34460390?access_key=key-vmidzgargu25yn8y796