Process for employees to appeal on employee rights

8.2.1 Paying all staff and faculty at least the living wage
8.2.2 Unions & labour rights for all
8.2.3 Policy on discrimination in the workplace
8.2.4 Policy commitment to no forced labour, no modern slavery and no human trafficking
8.2.5 Policy on guaranteeing equivalent rights of workers
8.2.6 Policy on pay scale equity
8.2.7 Pay scale gender equity
8.2.8 Process for employees to appeal on employee rights

8.2 Employment practice

PROCESS TO SUBMIT LABOUR RELATED COMPLAINT IN KUWAIT

All employeesin Kuwait secure the right to submit anoutrage or a complaint to their employer and to the Labour Relations Department. It is to be noted that those working in the domestic services, such as cab driver and maids, are not covered by any particular code and they have to depend on general principles of law. To obtain a labour complaint application the worker must approach to the reception desk of the Labour Relations Department. It is not necessary for the worker to be accompanied by a legal representative at this point, but may take this benefit during subsequent processes if the case has been considered. In case if a domestic service employee encounters some issues with their employers, they can take help from non-government labour organizations, their country’s embassy, as well as from the police.

Procedure to File a Labour Complaint in Kuwait

Those working in the private sector, all labour complaint must be addressed to the labour Relations department of the Public Authority of Manpower. This department examines and review all labour-related complaints by employees. This department is solely assigned to examine and clear all individual labour disputes between workers and employers in the private sector.

Disputes related to financial entitlements (such as non-payment or underpayment of wages) Sponsorship transfer, abscondingnotification, travel bans and work relatedinjuries all go through the labour relation department. The department also conducts follow-up on collective complaints (those involving multiple workers) at the reconciliation and Arbitration committee for individual and collective cases.

After obtaining labour complaining application fill the form provided. The form will require your full name, nationality, civil ID number, work starting date, date of last day at work, legal grounds for filing the complaints profession, agreed wage in the contract, full name of employer, employer’s address and place of work, purpose of dispute, and phone number, worker must provide the following documents (photocopy and original) tohold up their claim:

1. Work permit

2. Civil ID

3. Valid and latest passport

4. Other supporting documents (as requested)

Once the complaint has been lodged at the Labour Relations Department, the department will register the complaint into the database and assign a competent legal investigator. They will figure out thedate (day and hour) of an initial hearing to consider the complaint. The attendance of both the worker and the employer will be required on the day of the initial hearing.

After that the Labour Relations Unit will contact the investigator, whose duty is to gather statements from the employer and check documentation.

Both the worker and the employer will be required to appear in person before the competent investigator at the Public Authority of Manpower(PAM) and Labour Relations Department in their registered governorate. At this stage the worker may be accompanied by a legal representative.

If any case the employer does not appear, the investigator has the authority toissue a second notification, after which the investigator should proceed with examining the complaint.

At the time of hearing, if both parties agree to settle the matter amicably, the case will be documented in a memorandum and filed with the Labour Relations Department.

If there is no settlement or agreement reached, the investigator shall prepare a legal statement of the fact. If the unsettled dispute involves a financial claim, the case shall be transferred to the judiciary.

The investigator will be responsible to review and close any complaint with in a required period(with in two weeks).He will be responsible for unjustifiable delay.

It’s the duty of the investigator to submit a legal opinion regarding the case to the Labour Relations Department which will issue the final decision either to accept the workers complaint or to reject.

It’s the right of the worker or the employer to appeal the decision within 15 days of its issuance.

Disclaimer: The information exhanged in this article is only for information- sharing purposes only. If anybody have any specific concerns regarding work or your employer, he/she may check with the ministry of Interior’s official website or consult with your respective embassy in the state.

GUST Grievances Policy

The Gulf University for Science and Technology (GUST) employees have the right to raise their grievances through proper reporting channels for any of the following issues while protecting them from educational or employment disadvantage:

• Employees conflicts (Direct managers, subordinates)

• Changes in employment conditions

• Pays and Benefits

• Personal issues (discrimination, violation, bullying, work harassment)

• Performance Management (promotions, increments, and rating)

• Work conditions (Health & Safety)

GUST Grievances Procedure

1. Informal approach: Employee shall initially approach the immediate Supervisor/Manager in case of any grievance issue.

2. Formal approach: Where the issue is not resolved through the immediate Supervisor/Manager, employees may raise the grievance issue in writing to their Dean/Director/Vice President.

2.1.1. Evaluation of the case: The Dean/Director/Vice President shall meet and review the matter and shall arrive to a decision within five working days after the meeting is held. That outcome/solution shall be communicated to the employee in writing.

2.1.2. Grievance appeal: In the event that the employee is not satisfied with the outcome, further appeal may be made to the HR Department. Then, the HR should evaluate the case and recommend if Grievance committee can be formed to discuss and recommend resolutions.

Appeal Committee

A letter of appeal is a document by which a disagreement or controversy is generated against a resolution or sentence of any kind. Therefore, it is a call for a person or entity superior to the one that has made such decision to reconsider it, correct the possible errors that it may contain and, if it is the case, issue a new resolution. Although it is a resource widely used in legal problems, it can also be used in other commercial, civil, labor or educational matters.

For this reason, GUST has its own committee in charge of the appeals and not only of the students but also of the employee right, since the university is interested in their disagreement and for this reason the case is duly studied.

Name	Position
Dr. Kameleddine B. Benameur	Chairperson, Assistant Dean, CBA
Dr. Ronald Goodwin	Assistant Dean, CAS
Dr. Mohammad Sartawi	Faculty Representative
Mr. Muhammad Al-Mudhaf	Appointee of the VPAS
Mr. Basema Dana	Appointee of the VPAS

Section Three – Collective Work Disputes

Article (123)

Collective work disputes are the disputes that arise between one or more employers and all his or their workers or a group thereof due relevant to the work or the working conditions.

Article (124)

In the event of collective disputes, the involved parties shall resort to direct negotiations between the employer or his representative and workers or their representative. The competent ministry shall delegate a representative to attend the negotiation as controller. In the event where an agreement is reached among them, the agreement shall be registered at the competent ministry within 15 days in accordance with the regulations issued in a resolution of the Minister.

Article (125)

Either party to the dispute may submit to the competent ministry a request to settle the dispute amicably through the Collective Work Disputes Reconciliation Committee established by a decision of the Minister, in the event where direct negotiation fails to lead to a solution. The request shall be signed by the employer or his authorized representative, or the majority of the disputing workers or their authorized representatives .

Student Code of Conduct

GUST is committed to providing a positive work and learning environment where all individuals are treated fairly and with respect. Intimidation and harassment have no place in a university community.

It is the responsibility of the University to utilize its resources toward the creation of quality academic programs and to provide a friendly campus environment, which is conducive to learning and personal development. Interactions among GUST students, faculty, and staff should reflect mutual respect and professionalism.

A student enrolled at GUST assumes an obligation to behave in a manner compatible with the University’s function as an educational institution. The GUST Code of Student Conduct generally shall be limited to conduct which occurs on the University premises, at University-sponsored, or University-supervised functions. However, GUST administration may take appropriate action against students for conduct on or off University premises in order to protect the physical safety of students, faculty, staff, and visitors. Conduct, for which students are subject to sanctions, is described in detail in the University Code of Student Conduct.

First violations of this policy by students will result in a “final” warning and a second violation will result in expulsion from the University.

Staff will not be given a warning; the first violation will result in dismissal.

SDGs