Law in Kuwait

A number of principles of law give us a fundamental understanding on contract interpretation, which in turn, assist in preparing a proper, enforceable agreement.

First, a contract is the agreed set of laws that govern the contracting parties’ relationship, subject to express provisions of the law (e.g., the Kuwait Civil Code) which govern particular rights and obligations (e.g., rights of sub-contractors, contractors, and employers of construction contracts). This means that, so long as a contractual provision is not expressly prohibited in the law, it is presumed to be enforceable.

Second, if the wording of a contract is clear, the plain terms of the contract govern the interpretation thereof. In other words, a court (or other tribunal applying Kuwait law) cannot look to other clues to understand to what the contracting parties agreed. This is similar to the parol evidence rule applied in Common Law jurisdictions, which, in short, tells us that, when interpreting a contract, you cannot look to evidence outside the four corners of the agreement to determine the contractual intent of the parties.

GUST Code of Conduct Policy

Equal Employment Opportunity:

GUST does not treat outsourced employees differently than its employees. Any human being working at/for the university has full rights regardless of their race, color, sex, age, social status, physical or mental disability, or any other factor.

If outsourcing activities to third parties needed, then GUST takes all appropriate measures to ensure the equivalent rights of employees are met.

GUST Qualified Vendors List Policy when outsourcing activities to third parties

Vendor Selection:

1. Only Qualified Vendors shall be selected for work with the University.

2. If a vendor’s services are required and they are not “qualified” the requesting department shall contact the Purchasing Committee to assist in finding an appropriate substitute who is qualified or to take action to qualify a suitable vendor for the area of work not available on the current list.

3. No payments shall be made to any vendor within the University (for purchases or works equal to or above KD3,000) until the vendor is added to the University Qualified Vendors List.

4. Vendors shall be evaluated based on their ability to satisfactorily perform the work as evidenced by information gathered during the pre-qualification process, qualification profile, and matched with the appropriate type of work to be contracted.

5. Utilization of vendors shall be distributed to provide opportunities for all vendors to bid on and obtain work based on their competitiveness.

6. A qualified vendor shall be given an opportunity to participate in each bid list prepared for work within the areas of appropriate trade and specialty as determined in the qualification process.

7. Vendors shall be evaluated based on their ability to satisfactorily perform the work as evidenced by information gathered during the pre-qualification process, qualification profile, and matched with the appropriate type of work to be contracted.

8. Utilization of vendors shall be distributed to provide opportunities for all vendors to bid on and obtain work based on their competitiveness.

Some considerations for selection are:

• The vendor is currently qualified and not suspended or terminated.

• The value of work shall be matched with the capability of the vendor

• Evaluations of previous performance

• Experience with projects of a similar nature

• Financial capability

• Internal resources

• Governmental agency requirements

Picture1.jpg
Picture2.jpg

Remuneration Policy

I. Policy

• The purpose of the Gulf University for Science & Technology (GUST) remuneration policy is to:

• Provide fair, equitable and competitive compensation for its employees

• Encourage and reward high performance

• Attract individuals of the right caliber, qualifications and experience for the joins in the University

• Provide flexibility to adapt to market changes and imperatives

• To be managed in a structured and standardized manner

• HR develops salary scale based on market compensation data obtained from professional surveys • Salary scale consists of grades that describe different job levels and categories in the organization. Jobs are evaluated by HR Department to determine the appropriate grade

• The HR Department will, on a three-year basis, undertake a market review to ensure the continued competitiveness of the salary structure. Recommendations from this review will be presented to the University Senior Management Team for consideration and action as deemed appropriate

• The below terms are used to describe the various components of employees remuneration:

• “Salary” refers to the cash payments made by GUST to an employee on a monthly basis, in compensation for the effort he/she deployed in performing his/her job.

• “Allowance” refers to cash payments made by GUST to an employee, whether on monthly basis, or not, in compensation for the effort he/she deployed in performing his/her job (e.g. transportation, communication, housing, etc.). Employees’ eligibility to the allowances is as per their job level and business needs as mentioned in their contracts.

• “Benefit” refers to an advantage granted to an employee of such as:

1. Workmen Compensation

• Employees will be enrolled under workers’ compensation insurance plan upon joining

• Employees are covered for job-related injuries/diseases.

• Coverage is provided during working hours including the travel from place of residence to work and vice versa.

• Compensation amount for job-related injuries/diseases are set per the Kuwait Labor Law and/or insurance policy.

• Some restrictions may be applied, refer to the current Workmen Compensation Policy

2. Health Insurance

• GUST Employees are eligible for Group Health Insurance Plan coverage

• Employees will incur part of the treatment cost in line with the agreed Insurance Plan terms and conditions

• If the employee is entitled for health insurance coverage for spouse and children, then they must be resident in Kuwait to be enrolled in the health insurance plan

3. Temporary Accommodation

• For international new hires, accommodation will be provided for a period of one month.

• The employee will not receive the monthly housing allowance, if applicable, during the stay in the temporary accommodation.

4. Duplication of Benefits

• If a husband and wife are both employees of GUST, then the employee with the higher entitlement will get the Benefit for the children.

• It is the responsibility of the employees to declare their status to the HR department.

5. In case an employee has already claimed full entitlement for an ongoing year and either employee or the GUST terminates his employment, a prorated amount based on his date of resignation or termination will be deducted from the end of service benefits.

• “Rewards” refers to discretionary cash or non-cash payments make to an employee in recognition for achieving high performance in his/her job. (e.g. Sales Bonus)

II. Application

This policy shall apply to all GUST employees .