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Understanding the Probation Period of Employees

For anyone who plans to work here in Kuwait, especially first-time OFWs, it’s important that you get to have an idea about Kuwait’s Labour Law and its provisions which would apply in your situation and working status. This is to avoid cases of abuse and maltreatment of employees because no matter your class or stature anywhere in the world, you have rights as an employee that you need to exercise and own up to for your protection and welfare.

If you have experienced working in the Philippines, you would notice some common aspects and important differences between the labour code back home and here in Kuwait. Therefore, it’s important that you get to understand these things by heart if you are to expect a pleasant work experience in the Middle East, particularly here in Kuwait.

In this post, we will share information about the probationary status of employees here in Kuwait. We will also answer some FAQs related to employees working on probation.

 

What is the Probation Period?

Article 32 of the Labour Law of Kuwait maintains that an employee can be hired under probationary status for up to 100 days (maximum), and this has to be specified in the employment contract accordingly. The probation period is used by employers to assess the employee’s skill set and job fit. This can only be applied by an employer once for each of their employee.

Contracts that are under probation can be terminated without prior notice. In case a contract is terminated by the employer, the employee is entitled to receive his/her end of service benefit which is proportionate to the period/duration of work.

Am I entitled to overtime pay even if I’m under probation?

Yes. The Kuwait Labour Law states that all workers are entitled to overtime pay regardless of their employment status if they are requested to work beyond eight (8) hours a day and it is provided in a written agreement. The rate for overtime pay is an additional 25% based on the employee’s basic rate. Furthermore, employees cannot be made to work overtime beyond two hours a day, a maximum of 180 hours in a year, three days a week or 90 days per year.

As a general rule, all employment contracts must adhere to the prescribed format in compliance to Kuwait’s Labour Laws for it to be deemed valid and binding.

Disclaimer: All information gathered here in this article is released for the purpose of information-sharing only. To know more about labour provisions under the Kuwait Labour Law, you may visit the Ministry of Social Affairs and Labour (MoSAL) official website for reference.




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