The vast majority of KBR/SEII employees in Iraq and Afghanistan work 7 days week, 12 hours a day for a total of 84 hours per week, every week with a few select paid holidays off. One of the biggest sore spots with employees working for KBR/SEII is the fact that KBR/SEII does not pay overtime at all or hazard pay (uplift) after 40 hours. Like the second 44 hours worked isn’t as hazardous as the first 40.
There has always been some speculation that KBR was charging the Government uplift on every hour worked and not paying it. That is clearly fraudulent and although not beneath KBR, I find that highly improbable. That would be very easy to audit, I find it unlikely the Defense Contract Audit Agency (DCAA) would have let that slide.
Several big unsuccessful lawsuits have been filed in the past regarding the overtime and hazard pay issue. I am not intimately familiar with these cases so if I am misinformed, please let me know. To the best of my knowledge these cases have been dismissed. Even though the contract we all signed appears to violate US labor laws, the ruling was…you signed a contract. Also, we didn’t work for KBR, a US company, unless of course it to the advantage of KBR that we do. We worked for Service Employees International Incorporated (SEII) an offshore shell company registered in the Cayman Islands and headquartered in Dubai, UAE.
KBR/SEII has/had a large workforce of Americans in Dubai and the surrounding area working 24/7 to make sure KBR employees were successfully transiting into and out of Iraq and Afghanistan in support of LOGCAP. KBR/SEII payroll is also based in Dubai. Employment verification for work with KBR/SEII comes from the Dubai office . Except for the lowered uplift rate in Dubai, American expats working for KBR in Dubai signed the same contract in Houston that everyone else signed. So why were these KBR/SEII American employees recently issued overtime checks to pay unpaid overtime worked? These checks were paid retroactive and went back several years for some.
Evidently KBR was working it’s employees in violation of UAE labor laws. Even in Dubai you can not work employees 84 hours a week without paying them overtime wages. UAE labor laws state that an employee will be paid time and a quarter (1 1/4) for all hours over 48 and time and a half (1 1/2) for any hours worked between 9pm and 3am. In addition if an employee is terminated they are entitled to 20 days pay for every year worked.
I think it’s GREAT that KBR/SEII American expats were compensated retroactively for the overtime they worked in Dubai. I am sure this is no money out of KBR’s pocket. There is no doubt in my mind they will charge this back to the DoD as a “billable expense”.
What about the American expats in Iraq and Afghanistan? We obviously don’t fall under US labor laws. And there are no labor laws in Iraq and Afghanistan. Do they or don’t they work out of Dubai? When flying back into Dubai from R&R, the second you stepped out of the airport in Dubai, you were/are under the control of KBR. It got to the point that KBR forbid you from taking your own taxi from the Dubai International Airport to the KBR hotel. You had to take the KBR shuttle.
So…if you worked for KBR in Dubai they apparently owe you money. If they haven’t contacted you, I would contact them.
Maybe there is an attorney somewhere who will take another look at this overtime issue. If not a US attorney, maybe an attorney from the UAE.
ADDED January 7, 2009: Here is an additional thought. I am sure there are similar labor laws in Kuwait. What about all the people who worked 7-12′s in Kuwait for KBR and not paid overtime. Has anyone looked into that?
Ms Sparky
That’s good news. It’s that “over 40 hours” each week, day after day, month after month that is so draining to the body. In the maintenance fields, upper management did not like hearing one of our astute and “for the workers” foremen tell them exactly like it is after they had put pressure on and were beginning to write up people if they had an accident…the accidents are a natural occurance when people are overworked for long durations–nobody can maintain total alertness when they are doing heavy mechanical work 12 hours a day for long durations. People back in the states and even supervisors at nice cozy desks have no idea the tole it takes on a body and how that “wealth” earned shortens the life, makes one more susceptible to illness, and likely will be spent on medical bills and gas money to and from doctor after doctor upon return….while the elite in a comfortable office don’t see why the workers aren’t ready to bow down and thank the gods for the opportunity to be there, “after all you chose to apply for the job”. It’s very gratifying to see a little fairness to the workers…
Now if KBR would pay up what they owe for me from A-Stan from 03-05, I’d call might call it square.
Baboo mine would be from 04-09!
KBR may have opened a door that they will soon wish they could close again. There will no doubt be lots of questions for them to answer concerning what laws workers in Iraq and Afghanistan fall under. I would not want to be the poor people having to take the large volume of phone calls that this will cause. I am sure there will be lots of suits filed trying to claim this back overtime. Personally I hope that some hot shot lawyer will jump at the chance to fight KBR over this since they have already opened the door on it. It would mean overtime pay in our pockets for 06-09. Wow!!!!! I can think of a lot of things that money could do us.
I worked Astan between 05–07. How on earth can I get my money owed if everyone wins the OT and uplift lawsuits I am sure will be forthcoming?
It is called stock options
I’ll take stock options that pay dividends. Of course, I think deserve more for having to tolerate the experts from Leesville.
Ok let’s put this to rest once an for all.
1. It is not KBR that set this policy. The Federal Government policy is that uplifts are paid on the base salary – ie first 40 hours per week. If you doubt this you need to go to STATE.GOV and read the policy.
2. The LCIII and LCVI contracts do not provide for the payment of overtime only straight time. And oh by the way – the maximum pay rate for each labor category is specified in the Contract – and none of the contractors are permitted to pay more than this labor rate and are not allowed to give raises on the labor rates without the Governments permission. – If you doubt this then go to the Sustainment Command Rock Island web site and read the contracts.
3. Finally and most importantly each and everyone of you who is now complaining signed a labor agreement that spelled out exactly what you would be paid, what the uplift was, how it was applied, how you would be paid for additional hours worked, how many hours you would be working and how much time off you would received – BEFORE – you started working for the company. If you did not agree with it at the time then you should not have taken the job.
At least you were paid for all hours – take a look at the posts for CSA – their employees are only paid for 48 hours no matter how many hours they work and they get ZERO uplift.
Every invoice that is submitted on LCIII and LCIV from every contractor is audited. Trust me the time charges and billings are matched and none of the contractors are billing for uplift or overtime that they are not paying to their employees.
So what exactly are we putting to rest. KBR was forced to pay the overtime in Dubai retroactive back two years. It doesn’t make a damn bit of difference what you signed if it violates labor laws. Whether t be US labor laws or Dubai labor laws.
And that fact that DoD contractors are being forced to work hours they are not being paid for (CSA) and a “DCAA Auditor” seems to think that is OK is disturbing!
I am not familiar with all the labor laws of other countries. I don’t understand how if everyone was hired by KBR out of Houston, processed in Houston, and signed contracts in Houston that US Labor laws don’t apply to all that was done in Houston. I realize that their payroll comes out of Dubai but who do you actually work for???? I remember when my husband first went to work for them and our first deposit hit the bank. Neither of us had a clue what SEII was. That was the first time that either of us had ever seen that before. When he asked in camp what it stood for that is when he was told that was the company KBR operated as in Iraq. Also if you don’t work for KBR why don’t you have a SEII.com address instead of KBR.com????
Another thing I would like to point out is that now taxes are withheld from the checks. If it doesn’t fall under any of the US labor laws why is this done?? I am a tax preparer and do many returns a year for clients who work overseas. There is not any tax held out of any of them unless they are working for a US company.
I am not complaining about what my husband earned in any way. I am proud of what we have accomplished and what he was able to provide for us with those earnings. KBR opened the door to this subject by paying employees that work in Dubai. If everything was done lawfully by the labor laws of whatever everyone worked in then it is no big deal. However if the laws were violated KBR should pay everyone the back pay. I don’t think it is wrong for people to ask question to find out the answers.
Obviously the DCAA auditor got his comments directly from the KBR playbook. ‘you signed the contract & you took the job’ geeze—what did or do we know about labor laws—-kiss my ass
I am sure that was what they were betting on when every one signed those contract in HOUSTON!!!!
Well I can speak for a fact that even if you do work for SEII taxes are being taken out; Social Security as well as Medicare on top of the Federal Income Tax if you earn more than the Overseas Allowable deduction if you remain out of the United States for 330 consecutive days. I watched the whole thing on C-SPAN back in 2008 when I believe it was Dianne Fienstien bash the crap out of KBR and other overseas contractors for skirting the Tax Laws which basically gave most who earned below the overseas exemption a tax free status.
ex-KBR wife,
you said that you are a tax preparer. My husband has been with KBR/SEII since last March. We have some questions about our taxes. Is there a way I can contact you?
CSA pays overtime after 48 hours in accordance with Kuwaiti labor law. Managers do not get paid overtime but they usually don’t work it either.
As if the Feds don’t make mistakes.
I don’t get how they bombarded us with things like “OSHA”, “NISPOM”, “NFPA”, “NEC”, and all the other BS out there but some how the US Department of Labor’s laws / rules / regs never applied…
Lets see if I remember right in my college classes for a degree in criminal justice. Because you sign a contract, it doesnt necessarilly mean that it is legal and it therefore can be challenged in court!
I just added this information to the end of the post but I wanted to put it here as well.
Here is an additional thought. I am sure there are similar labor laws in Kuwait. What about all the people who worked 7-12′s in Kuwait for KBR and were not paid overtime. Has anyone looked into that?
Any contacts within KBR or phone number that can be contacted regarding overtime pay?
Throwing this out there… http://www.tasc.com this is northrup grumman. I just got hit up with a logistics job. They’re looking for Stateside and overseas.
Well guys you hit on the point – labor laws – if you are working overseas for a company that is based in the country that you are working in then you are subject to the local labor laws. There for since SEII is a Dubai Comapany and you worked in Dubai you are subject to those UAE labor laws. I would like to point out however that the people who actually worked for KBR out of Houston – did not get O/T.
Since most people are working in countries other than Dubai and countires that for the most part do not even have labor laws – then the laws of other countries – UAE, US or even if you work for CSA (a Cayman Islands Company) in Kuwait do not apply.
But once again I urge you all to read the contact. It is not KBR, Fluor, Dyn or any other contractor who is at fault. The contracts state that overtime is not allowed. So you need to be ganging up on the US Government not the individual contractors.
With the number of lawyers that these big contractors have, do you really think that they would get you to sign a contract that would not stand up in a court of law.
I am suggesting that before you point fingers you get all the facts and the facts here in all of the LC contracts point to the Government not any of the individual contractors.
The pay rates are specified in the contracts, the uplifts are specified in the contracts, the straight pay for hours over 40 is specified in the contract. And the most unfair of all DBA benefits are specified by Law (really tell me that your life is only worth $50k while the solider’s family next to you gets paid for life).
As for the taxes – the US Congress passed an act – The Fair Tax Act (HR2525 S296) – in 2008 that took away the tax exemption for FICA from employees that work for foreign companies. Most companies origianlly established foreign companies and payrolls so that their expat employees would not have to pay taxes of any kind on thier foreign earned payroll (as long as it was under the foreign tax exemption $93k in 2008). Congress decided that they were missing out on a lot of tax dollars and so in 2008 they passed the law that stated that all foreign companies who hired US citizens had to at least pay Social Security and Medicare Tax. This was suppose to be a way for the country to make money – little did they realize that it actually increased costs on contracts because the contactors now got to bill the Gov’t for the employer portion of these taxes plus their overhead and profit. To make a long story short it costs the Gov’t about $1.50 for every $1 they collect on this great idea.
So once again you can thank the Gov’t for having to pay the taxes not the contactors.
I understand being pissed – been there done that – but if it makes you feel any better – US Gov’t employees don’t even get to claim the exemption for foreign earned income and we pay taxes on all of our income even when we are in the war theater.
No one actually works for “KBR” in the Middle East. Well maybe one or two top level managers. Everyone else works for SEII or OAS. SEII Employees in Dubai were paid overtime retroactive two years.
And….employment contracts….that’s what attorney’s are for. KBR has them…employees have them. Just because someone is tricked/coerced/flat out lied to/ into signing one doesn’t make it iron clad.
I signed one…and thought I was a pretty savvy overseas worker. Boy was I humbled in short order!
That is not entirely true. KBR has employees who are not top level managers working in Iraq and the only reason they must have them is due to the employees being required to hold a security clearance. Anybody who holds a clearance must be on a United States Payroll and I believe there are no exceptions to this rule.
Each base I worked at flew a United States Flag and we were subject to the Uniform Code of U.S. Military Justice. We were all subject to our U.S. laws, worked for the U.S. DoD – not the Dubai laws(only while there). We were not subject to the Kuwaiti Laws(only while there). Up to a certain point, we Weren’t subject to the laws of Iraq, that came later.
We may have been in Iraq, but we were all subject to the laws of our country, and the scrutiny of KBR Security(who had to/or was supposed to) abide by the policies written-up in Houston. Our passports were mostly from the U.S.
I believe strongly that KBR was not headquartered in Iran, Russia, China. All of the handbooks we received in Houston, were written in English.
We didn’t report violations to the KGB or the Iranian Dictatorship, we were supposed to report to KBR Security, or NCIS, U.S. Marshals Service, our U.S. Military, Our U.S. Embassy – - NOT to the Chinese Gov’t.
I believe if the U.S. Flag was waving on a base, we were subject to the laws of the UCMJ and our U.S. laws. In some of our KBR material given to us before we boarded the bus to go the the airport, WE HAD NO CHOICE BUT TO TAKE THE TWO POUND WHITE MANUAL WITH US OR WE COULD NOT BOARD THE BUS. KBR Houston pulled the strings way back in Houston. If we needed something done that had to go up through the chain-of-command, it went all the way back to Houston. We had to sign documents in Black Ink, carry our Shot Card, Passports,KBR drivers license, KBR Lanyards, KBR Hats, I don’t recall it being Chinese Passports, or Iranian Lanyards.
All of the things that KBR required us to wear, like Hardhats, radios,Ballistic Vests/Helmets were from the U.S.. Almost all of the vehicles were from the U.S., I don’t ever remember driving a YUGO. I remember talking once to a group of Iraqi Special Ops. men and they had to be escorted by our U.S. Military while on base.
Somewhere in the volumus piles of documents that were required by KBR to take with us from Houston(we had to leave something valuable behind because the weight was over the limit because we HAD to take the White Manual), in those documents were required U.S. OSHA safety requirement, not the Somali book of rules.
I BELIEVE WE ARE ENTITLED TO OVERTIME AND SHOULD RECEIVE WHAT WE WORKED FOR. KBR FIGHTS TOOTH-AND-NAIL FOR ALL OF THE OVER BILLING, BONUSES FOR (THEY SAY) EXCELLENT WORK. I don’t believe they were charging the Iraqi Gov’t – Cost-Plus.
Well said!! I couldn’t have said it better myself…you should consider be a guest writer for MsSparky.com!!
Thank you Deb. I sorely needed a laugh
.
Wish I could afford a ghostwriter for my 3rd book, about KBR and AIG/AIU Holdings.
If feel the need to correct one significant statement that you made that is incorrect.
“No one actually works for KBR in the Middle East except for maybe one or two high ranking managers.”
This is incorrect. Anyone requiring a US Security Clearance actually works for the US Parent Company. That is the same for every company.
Additionally, there are a large number of KBR employees that in fact do not work on the LOGCAP contract or directly on any other contract who are employees of the parent company.
A few of the higher level managers probably Project managers and above may have required security clearances.
I am telling you we DID NOT WORK FOR KBR. We worked for SEII or OAS out of Dubai. When I process for my Top Secret clearance to go to China, I put KBR down and an employer. When the investigators called, they had no record of my employment….that threw a wrench in the gear. That is when I found out about the Verification of Employment information. I put in a post. Evidently a lot of people have same problem. http://mssparky.com/2008/07/you-didnt-work-for-kbr-in-iraq-and-afghanistan/
WE DID NOT WORK FOR KBR!
Plus what does this mean? There are KBR employees over there who are not working on any contract? THat doesn’t make sense.
For what it is worth
Some good points however – you missed one major item that should have been in the big white book if it was not YOU or any other contractor employee
did not WORK for the US DOD. You worked for a contractor that had been given a contract by the US Government to provide specific services. There is a very defined destinction in US Government contracting – the FAR and Government Guidance between a contractor employee and a US Government employee.
In fact below is a direct quotation from Section C 3.9 of the LOGCAP contract that makes clear that as a contractor employee you were not to be considered working for the Government.
3.9 Identification. All contractor personnel are required to identify themselves as such to avoid creating an impression that contractor personnel are Government employees, or official representatives of a Governmental organization.
Having to sign all documents in Black Ink is also a US Government requirement – not a KBR invention. This goes all the way back to the early days of copy machines when they did not recognize blue and therefore would not copy anything written in blue.
Yes, you were required to follow OSHA, USCMJ and all the other stuff – because the Government included these requirements in the contract – not because KBR or any other contractor is a US Company.
Finally, the contract does not in any way shape or form refer to US Labor Laws. In fact it has the following clause included
252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS)
Trust me since these were cost reimbursable contracts – if a company could have charged for overtime they would have becasue they would have also been able to charge their markups on the amount an thus made more money.
I am not trying to defend any single company. All three of the LCIV contractors have off shore payrolls such as SEII. I merely want to bring to light the fact that one needs all of the facts before making a determination of any type.
By the way – Fluor just got hit with a bill for $14.8M for over charging on their Afghanistan task order. Which might be something Ms. Sparky want to look into.
Sparky there you go 14.8 million you better get on it Deb. You said you were after any corruptions or screw ups so lets see the write up on Fluor
. I also heard that if Dyncorp does not have it together by the 15th of January or close to what they said they would do then it is over for them.
Do you think for a minute that I won’t write about Fluor. If I am going to accuse a company of something specific I need specific facts first. I’m looking into it!
When KBR pays a fine or is sued – KBR not SEII from Dubai shows up in court with KBR lawyers – not SEII lawyers. When I bought my home, I received from Houston – verification of employment showing KBR as my employer – and that is the only document reflecting KBR as my employer, also have old Gigna Health Insurance employee packet showing SEII as the employer. Some may say and think that SEII is the employer for all that work in Iraq instead of Dubai, but SEII is a shell game headquartered in the Caymen Islands for tax purposes. Just ask Bill Boopie – OOPs – sorry – I mean Bodie next time anyone sees him. If I am mistaken – then I know I will be corrected, but I believe I am correct.
I used the old drum type printer with the long carbon paper that would be put on the drum – before the computer or our modern day printers. I had to type and use carbon paper for extra copies.
Did Rick Rueter former KBR A-STAN and now Flour Theater Manager appoint the wrong people to run the show people again?
Ms Sparky:
I am a KBR contract worker in Iraq and have been watching the ongoing battle with KBR over the amount of overtime paid to us. I read the e-mail about KBR workers in Dubai getting paid all their overtime because of UAE labor laws. I understand that there are no labor laws in Iraq and Afghanistan but I was talking to the soldiers here on base and they brought to my attention that all U.S. bases on foreign lands are considered U.S. Territory,
And such should come under U.S Labor Laws since this is American Land even though it is only temporary. We do fall under both the UCMJ and SOFA agreement but that does not mean we give up or American laws on American land. The Blackwater guys were tried in an American court under American laws. Have you heard anyone make this argument before? Does it make since to you. It might be another way to get what KBR has taken from us.
I have always been told that since there is not established garrison, SOFA, or American Flag flying on an official building for that matter (prior to 2008) laws basically did not exist in Iraq… There might have been some “rules” such as ROE, and the KBR “rules” but that’s about it…
**NOT should read NO
Wow,reading all this makes me ecstatic that Im not working for those sons of bitches anymore.
I,like many others in the room ,obviously neglected to bring my labor attorney along with me to Houston,how silly of me.
That has been one of my biggest complaints and should be illegal. Not only was I not allowed a copy of the contract prior to going to Houston…the signing was a joke. 400 people….sign here sign here initial here….here….and here! KBR was not my first overseas job.
People say you should have read your contract….that’s BS…..I have read my contract many times and now parts of it are being used as examples to pass new laws so contractors can’t screw their employees over. Like the secret arbitration clause.
KBR has a heard of attorney’s drawing up these documents and are normal person is supposed to understand it when the read it!! Bull Shit!
I work for KBR Kuwait there has been no news of this here. We are required to have quest worker permits which includes us under Kuwaiti labor laws which states overtime after 40 hours, one day off per week and various other holidays ect ect ect. Show me the money. I personally believe that we will never see any of it. Hell they still hold a hostage deposits for our R&R flights, have restricted cash advances to $200 and hold my per diem money for 30 days. I really not in the business of granting any employer interest free loans, but what can one do.
Contact a Kuwaiti attorney. What is KBR still doing in Kuwait?
working what did you think KBR was totally out Dang Sparky you are slipping.
KBR still maintains a presence there for MERO and other non-LC3 purposes as far as I know. They also have a travel hub there for all sites south of Baghdad to transit through (no more Dubai as of March/April 2009)
2009? or 2010?
No more DXB for sites south of Baghdad (with exception to the D&F sites) as of March/April 2009.
DXB is still an option for H,C,B,A,D, & F sites last I remember.
Well being that KBR is not located in Kuwait anymore all employees based on sites in Iraq must transit through Dubai. It would not make sense to travel to Kuwait when there is no Travel support for employees.
All
KBR is also a Commercial company that does a tremendous amount of work that has nothing to do with the DOD and the US Government. They have offices all over the world. In fact only a small portion of their work is from the US Government.
They do in fact have offices in places like Kuwait that have nothing to do with LCIV. They also have offices in Dubai that have nothing to do with LCIV. KBR has a huge civil Engery and Chemical division that does business worldwide.
Wake up LOGCAP is not the only game in town
If you read my post correctly I stated “All employees based on sites in Iraq must transit through Dubai”. I am not stupid and I know that KBR is a Global Company with many other divisions. LOGCAP is the only thing going in Iraq right now as the other functions that KBR was doing have ceased.
there is no more kuwait for sites south of baghdad. everybody goes to dubai for r and r , medical, demob, lwop, etc. im at t-1 and we all go to dubai when we enter or exit the theater!
Check your Visa if it is a Visa 18 you are not subject to Kuwait labor laws.
i wonder what happen to that class action lawsuit?
That is the only the tip of the iceberg, alot of things are going on behind the scenes. yes dyncorp is JACKED UP and the military wanted to have a option in place just in case. Just like in afghanistan KBR will never be totally out. They were supposed to transition over and it was supposed to be completed by now but nope delayed. I know sparky you are doing your part to bring to light the KBR machine but the more you bring to light the more the client understands yes KBR is jacked up but when they need something done it was done maybe not like was according to the book. All Contractors have issues but i notice you do try to throw dyncorp and fluor under the bus but your KBR target always make the front page. the kuwaiti company defrauds the government for billions and not a wimper but most of the head guys worked for KBR. Whoever has you on retainer is paying you good. Just as they are about to award the latest contract in Iraq here we go with hypotheticals LOL. Great Job Deb
Retainer?? You make laugh…ha ha!! Hypothetically speaking there is a fine line between fact and fiction. What I am seeing is the same people who were screwing up KBR are now screwing up Dyncorp and others. And as far as not throwing anyone else under the bus…are you not reading the post on Dyncorp and how many times have I stated they are most likely worse than KBR? As far as Fluor goes…I haven’t gotten too many complaints. At least they are getting paid on time!
As as for Agility/PWC I have a whole category dedicated to them! Not a whimper? I have been hollering about Agility!
Ksniper,
How much does KBR pay you to defend them on these post? The transition was slowed down by KBR. Thousands of dollars worth of material that could not be accounted for. God only knows how much in incomplete work, or work that hasn’t even been started yet. This is work that KBR has already been paid for and doesn’t want to give the money back, so lets delay the transition and try to get some of it complete.
Actually, there are three companies KBR employees work for on LC3, you were either SEII, OAS, or BRS.
Probably 80-90% of all employees were SEII, with the 50K life insurance policy.
If you were OAS, you got a 401k and a much larger life insurance policy.
BRS employees were paid from Houston, and usually had higher base pay to compensate for the taxes being taken out. BRS employees were usually anyone in the company that had a security clearance. At Camp Anaconda we probably had 50-100 employees that were BRS (Brown & Root Services).
I’m sure there are people who would line up to talk to you about KBR’s finances!!
A nice big fat overtime check wold be nice!!!!!!
So if what i am reading is correct, anyone that worked for KBR that was a SEII or OAS employee paid out of Dubai should be entitled to the overtime pay?
In addition Iraq does have a labor law that is simulates the Dubai laws it has been in effect as a defacto law or law of the land.
Click HERE for the entire Iraq Labor Code
IRAQ
LABOR CODE
(Act No. 71 of 1987, dated July 27th, 1987.)
Part I. Basic Principles (Labor Code)
63. (Labor Code)
(1) An employer may extend the working hours established pursuant to this Act in the following instances:
(a) to handle an exceptional increase in work at the time of festivals, seasonal work or for other reasons;
(b) to repair or maintain devices, tools and machines whose shut-down would entail immobilizing work or making a great number of staff inactive;
(c) to avoid the deterioration of substances or products;
(d) to establish annual inventory and accounts, prepare for sales or open for the season.
(2) (a) In industrial activities which are performed in shifts, no more than one hour per day shall be worked as overtime.
(b) In performing preparatory or complementary work in industry, or in handling extraordinary work, no more than 4 hours per day shall be worked as overtime.
(c) In non-industrial activities, nor more than 4 hours per day shall be worked as overtime.
64. (Labor Code)
(1) Work performed during rest period, on the weekly day of rest or outside normal working hours shall be deemed to be overtime work.
(2) Wages shall be doubled when overtime work is performed at night or when arduous or harmful work is involved. Wages shall be increased by 50% when overtime work is performed during the day.
(3) When a worker works on his or her day of weekly rest, the worker shall receive a compensatory day of rest on another day of the week.
(This comment was edited by Ms Sparky because all 147 items was a HUGE comment. To read the Iraq Labor Codes in their entirety click HERE)
Thanks for being so informative with your comment. It is always helpful when people give specifics. But..the comment was huge so I abbreviated it to just the overtime section and I added a link to the entire Iraq Labor Code.
You bring up a very valid point. Maybe someone needs to get in touch with an Iraq labor attorney.
I think that a Iraqi labor law is a great Idea since KBR now falls under the local laws as does its employees.
I think that a Iraqi labor law attorney is a great Idea since KBR now falls under the local laws as does its employees.
Uh guys there is one thing that no one has mentioned in any of this. And it is the elephant in the room. The SOFA – Status of Forces Agreement. Depending on what is contained in that agreement Contractor employees may or may not be covered by local labor laws.
Before you get really excited – contact and international laobr attorney that is versed in SOFA’s and Government Contracts.
According to the 1/27/10′ lawsuit filed by Ross Law Group as attorney for Plaintiff-Dawn Leaman – SEII – A Cayman Islands Corp. doing business in State of Texas with KBR/Halliburton, FAILED to register with the State of Texas as a company doing business in Texas.
As I stated in an earlier comment – SEII is a shell game set-up by KBR/Halliburton.
Kell A. Simon is the Attorney in Charge for the Plaintiff. Read the filing for yourselves. Pay particular attention to page 3 of 17, paragraph 5.
Uh first of all SEII does NO business in the state of Texas. Second – Haliburton spun off KBR – SEII and OAS into separate companies in 2006. Third KBR actually has written subcontracts with SEII and OAS.
Since SEII has never done business in the State of Texas they had not requirement to register with the State. SEII and OAS only hire employess that work outside of the United States.
Dont know what everyone is crying about, I worked there 4yrs an 90% of the trades have 3rd country nationals who do all the work for very little pay, an no vacations, everyone made alot of money, so if you dont like the systen stay in the states an make pennies
If a person comes to your home and slips and falls in your yard and they sue you and lets say your home-owners ins. has lapsed, you might understand why some as you say are “crying about it”. Those folks that chose to go to Iraq/Kuwait/Dubai, realized before they left home that is was going to be difficult. I have friends that worked in Irag that ultimately went back home to India after 3 and 4 years. Their culture is different let alone their cost of living is much less than ours including other Western Countries. Don’t let your car insurance lapse either and have an accident that’s your fault. I understand your sentiments but you know life isn’t always fair. Not trying to argue with you – just want you to understand for every 10 people you will get 10 different answers.
Here is an excerpt from the Afghan Constitution regarding labor law….
Conditions for addition of Supplements to Wages
Article 66:
(1) Wage Supplements shall be added to the principle Wage in the following
conditions:
1- work in areas with unfavorable natural, climatic, or difficult economic
and social conditions
2- work in underground areas or under conditions which are arduous or
injurious to health
3- work with professional or technical skills
4- Other situations stipulated by legislative documents.
20
(2) The terms and conditions and norms for payment of supplements mentioned in
Paragraph (1) of this Article and the manner for application of such supplements
to overtime payments and pensions shall be regulated in the relevant legislative
document.
.
Overtime payment
Article 67:
The hourly Wage for overime is 25% more than the pay rate for a normal working
hour and shall be paid 50% more [in case of over time on holidays).
Here is the link for the full document that was put into effect February of 2004
http://www.aisa.org.af/Downloads/laws/Labour-Law.pdf
I would caution from personal experience that before anyone attempts to fight for the overtime you consult with a good labor attorney that knows all the laws of whatever country is affected.
I worked for a contractor a number of years back in Europe. We persued the same thing. We did get the overtime. But the country also determined that for us to be covered by their labor laws we had to pay their income taxes as well. Beleive me the income tax was a lot more than the overtime, additionally, they do not have the same tax system – no refunds – you pay a straight precentage your income – period. We could not even claim these additional taxes on our US returns becasue we were already getting the maximum foreign income exemptions.
To this day contract workers in that country now have to pay local income taxes. Some companies do up the pay to make up for it – but not all.
I just caution that you look at all the potential ramifications before proceeding.