In Islam, the fair and timely treatment of workers is not only a moral duty but a divine command. The Prophet Muhammad (peace be upon him) said:

“Give the worker his wages before his sweat has dried.” (Sunan Ibn Majah, Hadith 2443)

The Qur’an also commands:

“...Do not withhold from the people the things that are their due...” (Surah Hud, 11:85)

Despite these clear teachings, many expatriate workers in Kuwait, especially in private and domestic sectors, face salary delays that can last weeks or even months. This situation threatens their dignity and financial stability and violates Kuwait’s labor laws. This guide provides a step-by-step approach to help expatriate workers assert their rights and seek redress legally.

1. Know Your Legal Rights Under Kuwaiti Law

All workers in Kuwait, whether professional, technical, or domestic, are protected under Kuwait’s Labor Law No. 6 of 2010. Key rights include:

• Salaries must be paid monthly and on time.
• Employers must pay through official bank transfers.
• Repeated salary delays exceeding three months can lead to penalties against employers.
• Employees have the right to file complaints and claim compensation or termination benefits if delays continue.

Note: Domestic workers are governed by Law No. 68 of 2015 but are equally entitled to timely payment and humane treatment.

2. Collect and Preserve Evidence

Gathering proof strengthens your case before filing a complaint. Collect:

• Employment contract (ideally in Arabic and English).
• Work permit (Iqama) and Civil ID.
• Passport copy.
• Bank statements showing salary delays.
• Salary slips or screenshots of salary app or HR system.
• Any written communication about salary (messages, emails, WhatsApp chats).

3. Raise the Issue Internally First

Start by discussing the delay with your supervisor or HR department. Request a payment timeline and written confirmation. If in a large company, check for internal grievance procedures.

4. File a Formal Complaint with the Ministry of Social Affairs and Labour (MOSAL)

If unresolved internally, file a complaint with the Labour Relations Department at the Public Authority for Manpower (PAM).

Where to go: Visit the nearest Labour Relations Office or use the PAM Online Portal or Shoun App.

Documents required: Civil ID, Work permit, Employment contract, Bank statements, Written complaint (preferably Arabic).

The ministry will summon your employer for mediation. If mediation fails, the case proceeds to Labour Court.

5. Escalate to the Labour Court if Needed

If mediation does not solve the issue, you may file a formal lawsuit. The court may order payment, compensation, or contract termination with benefits. Legal support is available from private lawyers, embassies, or NGOs like the Kuwait Society for Human Rights.

6. Report to Your Embassy

Embassies assist in serious cases such as unpaid wages over several months, abuse, passport confiscation, or threats. They offer legal support, official complaints, and repatriation assistance, especially for domestic workers.

7. Contact Labor Rights Organizations and NGOs

Organizations like the Kuwait Society for Human Rights provide legal aid, translation, and mediation services to protect workers’ rights.

8. Don’t Sign Fake Receipts or Flee Without Filing a Case

Signing false salary receipts is illegal and weakens your claim. Avoid leaving Kuwait without filing an official complaint to prevent legal and residency issues.

Final Reminders

• Salary delay is a serious violation, not to be tolerated.
• Kuwait’s legal system offers protection but may take time to enforce.
• Act promptly and avoid relying on verbal promises alone.