Study Resume of the Conditions of Expatriate Labor in Domestic Sector

Introduction:

The Kuwaiti society has witnessed social, economic and cultural changes that included several aspects of the society and influenced its social structure, the functions of the main units such as the family especially its main volume and function that is represented in care for the old and upbringing of the young. This change has helped the natural change that is a custom of social life; there is not that stability and immobility in any society. This was contributed to by the oil revenues that contributed to getting Kuwait to enter the stage of comprehensive development which necessitated expansion in services and different aspects of care in principles of trade, industry and construction which required depending on expatriate Arab and Asian labor in technical specializations and even works that do not require certain skill, which is called marginal labor. The number of this expatriate labor has increased and developed in the recent years till it reached million in the Domestic Sector only.

It is natural that the existence of expatriate groups from different nationalities and cultures results in the occurrence of social, cultural and economic problems that are fused in society and represent labor challenges between both parties of production (workers – employers). The concerned authority (the government) finds itself in the position of the arbitrator between both parties, who seeks for stability of the work relations, safeguarding rights, keeping social peace and the reputation of Kuwait in the international arena and Human Rights committees.

It is an object of pride for Kuwait Social Work Society that it boldly addresses the first field study of its kind in the affairs of expatriate labor since the enactment of Labor Law in the Domestic Sector 64/38 and its amendments. It is a calculated scientific and practical boldness the goal of which is collecting information and knowing the truth from the concerned persons (workers – employers); the study is characterized by the fact that it has covered the following aspects:

1-       Applying the two research forms (expatriate labor and employers) to a big sample 1600 cases distributed over the six governorates so that its results can represent the original society of the sample and, in turn, guarantee a scientifically acceptable degree of validity and reliability.

2-       Getting to know the opinions of the relationship parties (workers and employers) without limitation to one party; this represent keeping neutral and objective, which are both necessary for scientific research.

3-       Following the scientific method in the steps of the study and its procedures beginning from selecting the sample, collecting field data by trained researchers, classifying data and processing them statistically and mathematically till the writing of the final report that includes analyzing the data, presenting recommendations derived from these findings.

Kuwait Social Work Society would like to call all the strata of Kuwaiti society, including the officials in governmental concerned authorities, the pioneers of voluntary social work, men of planning and decision makers and meanwhile, it calls the expatriate labor in the Domestic Sector, the employers and even the ordinary  audience wherever they are, to  support the efforts of the Society and sincerely react to with its orientations in using the method of scientific study and its findings in dealing with the issues and problems of Kuwaiti society  so that these recommendations and suggested solutions can be based upon objective foundation derived from the reality of society away from personal opinions and impressions that lack objectivity and scientific neutrality.

Be it known that society is in need of collaboration and cooperation of efforts and giving for achieving a supreme end and a sublime goal, that is, the progress of Kuwait and the eminence of homeland which gave security and prosperity to its citizens and expects sincer giving and true belonging to its dear land.

Best Regards,

General Supervisor on the Study

Sheikha : Biby Nasser Al-Subah

Board Chairman

First: Objectives of the Study:

Study Plan and Steps:

1 Study Sample: The study took into account that the sample be big and representative to a great extent of the original society so that results can be accurate and objective. Therefore, the sample included 999 cases of the expatriate labor working in the Domestic Sector in the six governorates. The sample included both males and females from different stages of age, education and different nationalities. It also included 600 case of the institutions working in the Domestic Sector, which represent the opinions of employers and managers, distributed also on the different governorates.

2 Study Tool: A form was designed for each category as follows:

A-  Expatriate Labor: The form included 29 questions that covered main aspects that are, primary data, work conditions, advantages granted to workers, disputes and the reasons thereof, suggestions for solving the problems.

B-   Employers: The form included 25 questions that covered aspects about primary data of the institutions and managers, work conditions in the establishments, disputes between workers and employers, suggestions for solving worker problems.

3 Procedures of the Study:

A-     Research Method:

The Descriptive Method was used to describe the phenomenon at the present time as well as the Historical Method that reviewed the previous literature about servants and the development of the number expatriate labor and their characteristics. Also, the Statistical Method was used to measure the apparent differences between the observed repetitions and their expectations  and whether these differences are significant or not or descriptive.

B-     Research Procedures:

The two research forms were designed: Form (A) about expatriate labor, form (B) about employers. When formulating the forms, there has been considered simplicity, clarity, covering the goals of study, classifying questions and dividing them into main homogenous.

In addition, a number of efficient researchers were selected and trained on collecting field data from the sample as per scientific criteria. Then, data were revised and classified into relations tables and percentages were prepared statistically (KA test). Also, field data were collected at the end of 2005 (November – December).

4 Final Report Writing:

The theoretical study included (Chapter one and two) of Part One, and the field study included (Chapter three and four), which comprised the interpretation and analysis of results and comment on the statistical tables of expatriate labor and employers.

The statistical tables of each chapter were enrolled at the end of the analysis and the two research forms (A, B) were attached and so were scientific references.

Summary of the Study

Findings and Recommendations:

First: Study Findings:

Expatriate Labor Study (999 cases)

1-      Conditions and circumstances of work

A-    The worker-sponsor relationship:

1.      59.5% of the sample came to Kuwait on the sponsorship of the present employer.

2.      63.6% of the sample were granted the agreement of the previous employer to transfer residency to the present sponsor.

3.      59.5% of the sample spent 3 years or less with the present employer, 21% (4-5 years), 9.6% (6-7 years), 6.9% (10 years or more).

4.      93.7% of the sample bore financial burdens to go to work to come to work in Kuwait. These burdens were represented in: issuing passport, medical examination, travel ticket, sponsor, the recruitment or procurement office in the country of the worker.

5.      Protecting Wages:

1.      49.7% of the sample always get salaries regularly, 39.7% of the marginal labor take salaries regularly, 55.1% of the technical labor take salaries regularly.

2.      93.1% of the sample get delayed in taking their salaries about each 2 or 3 months, 6.4% of the sample get delayed in taking their salaries about 4-5 months.

3.      The workers, whose salaries get delayed, resort to the following procedures:

·         Complaint to reporting officer.

·         Work strikes.

·         Do not do the work.

·         Malingering.

·         Filing complaints to the Ministry of Social Affairs and Labor.

4- The workers, whose salaries get delayed, do as follows:

·          66.5% borrow from others.

·          26.6% resort to other works.

·          12.3% spend from savings.

·          8.4% begging (repetitive table).

C- Overtime Work:

1. 60.7% of the sample were assigned to do overtime work (working hours).

2- 53.7% of the sample obtained a cash return for the overtime work.

3- 61.7% of the sample replied that the cash alternative is in compliance with Labor Law of the Domestic Sector (increase ratio of 25% over the regular wage).

D- Weekly and Annual Leaves:

1- 78% of the sample always and sometimes get weekly leaves.

2- 50.5% of the sample always and sometimes get annual leave.

As for those who do not always get their annual leaves, this is due to: personal wish, coordination with customers, work conditions do not allow it, the employer does not agree.

2- Labor Care:

A- Aspects of labor care provided by the employer to his workers (66% of the sample) are represented in:

- Means of Transportation            - Appropriate Accommodation

-Work Uniforms           - Health Insurance

- Annual Premium        - Food

B- The employer provides a healthy work environment (35% of the sample) for his workers are represented in the following:

·          First aid kit

·          Cleanness, ventilation and lighting.

·          Means of appropriate prevention and protection.

·          Barriers for preventing downfall (scaffolds)

C- The disputes and disagreements of labor (because of employer) are represented in the following:

- Delay in paying salaries          - Retention of passport

- Refusing to transfer residency - Annual leaves allowance

D- Labor disputes and disagreements (because of the worker) are represented in the following:

- Non compliance with instructions     - Delay for work

- Making mistakes at work        - Quarrelling during work

E- Suggestions of the sample to solve labor problems:

·          Applying work legislations.

·          Determining a minimum for salaries.

·          Amending the present Labor Law.

·          Giving quick legal decisions in labor disputes.

·          Supporting means of professional health and safety.

·          Respecting the articles of the contract and accurately carrying out regulations.

B- Employers' Study (600 case)

1- Conditions and Circumstances of Work:

A- Sponsorship of the workers:

1) -  79.8% of the establishments are compliant with the sponsorship of their workers.

   - 20.2% of the establishments have their workers being sponsored by others.

2) Using labor on the sponsorship of others is due to :

·         Need of additional labor.

·         Non-approval of Ministry of Social Affairs and Labor on the numbers required.

·         Seeking transfer of sponsorship.

·         Compensating for escaping labor.

·         Expanding in work.

B- Fees of Labor Services:

1) – 34.7% of the establishments bear the expenses of bringing workers to Kuwait.

     - 48.7% of the establishments have the worker bear the expenses of coming to Kuwait.

      - 17.2% of the establishment share expenses of bringing the worker to Kuwait with the labor

2) – 56.5% of the establishments bear the fees of health insurance.

     - 37.5% of the establishments have workers bear the fees of health insurance.

- 6% of the establishments distribute the fees on the two parties.

3) 32.8% of the establishments bear the fees of residency.

- 57% of the establishments have workers bear the fees of residency.

- 10.2% of the establishments distribute the fees on both parties.

C- Payment of Wages:

1)- 57.6% of the establishments regularly pay the wages of their workers.

- 24.4% of the establishments delay in paying the wages of their workers.

2) Justifications of employers in respect of delaying the payment of their workers' wages include:

·          Delay of accountant in calculating salaries.

·          Delay of receiving payments from the project.

·          Forcing the worker to comply with work.

·          Control the worker.

3) – 65.5% of the establishments assign their workers to do additional work.

- 15.8 % of the establishment do not assign their workers to do overtime work.

4) – 84.2% of the establishments  pay cash consideration for overtime work.

- 15.8% of the establishments do not pay cash return for the same.

5) 77.6% of the establishments pay cash return as per Labor Law.

- 22.4% of the establishment are not in compliance with Labor Law in terms of cash return.

D- Weekly and Annual Leaves:

1) – 61.7% of the establishments grant their workers weekly leaves on a regular basis.

- 33.3% of the establishments sometimes grant their workers weekly leaves.

-  5% of the establishments do not grant their workers weekly leaves.

2) Establishments that do not grant their workers weekly leaves justify the same as follows:

- Work circumstances do not allow weekly leaves.

- The worker has the wish to get overtime amount of money.

- Shortage of workers.

3) – 47% of the establishments grant their workers annual leaves on a regular basis.

- 42.8% of the establishments sometimes grant their workers annual leaves.

-10.2% of the establishments do not grant their workers annual leaves.

4) Establishments that do not grant their workers annual leaves justify the same as follows:

- The worker does not have the wish to travel.

- Work conditions do not allow the same.

- The coordination between the worker and his co-workers.

- Wish to pile up leaves.

2- Labor Care:

A- Advantages provided by the employer:

Work uniforms, accommodation, annual premium, health insurance, means of transportation.

B- Labor disputes (because of employer) are represented in the following:

1- Severity in applying penalties.

2- Delay of paying salaries.

3- Retaining passport.

4- Non-compliance with the employer's instructions.

5- The worker's quarrel during working hours.

3- Proposal and Suggestions for Solving Labor Problems:

1- Amending the present Labor Law.

2- Applying work legislations well.

3- Determining a minimum for wages.

4- Applying the regulations of penalties and work.

5- Applying the articles of the contract accurately.

6- Settling labor disputes amicably.

Second: Recommendations of the Study:

1-Providing an accurate statistical database about the needs of the labor market of labor whether domestic or expatriate classified as per different professions and specializations.

2- Setting objective limitations and criteria for issuing work permits for Domestic Sector establishments, in which the volume of labor in the establishment, the nature of their actual needs without increase shall be considered.

3- Inspection of establishments to make sure that the employers have attached the expatriate labor they procured from outside the country to work for them and not to leave this expatriate labor as a left labor suffering from unemployment in the streets, as this threatens the security and stability of society.

4- Seeking raising the education level and skill of the expatriate labor for which work permits are issued so as to promote performance level, increase productivity and minimize marginal labor not needed by local labor market.

5- Reducing pressures imposed on joining family provider so that the families of the expatriate labor can be united, so as to provide an atmosphere of psychological and social stability, strike qualitative balance between males and females in society and achieve the prosperity of local labor.

6- Setting a minimum for salaries in the Domestic Sector according to the level of skill, experience, education and living in the territories so that expatriate labor can get appropriate salaries and so as to encourage national labor to join the Domestic Sector and guarantee the payment of salaries on time without any delay or reduction thereof.

7- Observing the Domestic Sector establishments to make sure that there are appropriate work conditions and circumstances to protect the workers against work injuries and professional diseases according to the limitations and standards mentioned in the Labor Law and ministerial decrees. This is in addition to providing the appropriate medical treatment at one of the governmental or domestic hospitals at the expense of the employer and cashing the compensation stipulated by the Labor Law in case of partial or complete disability or the occurrence of death because of or during work.

8- Seeking to solve the individual disputes (work disputes, work permits disputes) amicably and quickly giving legal decisions therein so as to safeguard the rights of workers especially in respect of salaries, working hours, overtime work, contract articles, leaving indemnity, transferring from a sponsor to another and vexatious absenteeism statements.

9- Applying the provisions and stipulations of Arab and international work agreements approved in Kuwait as due ones like the local law especially in regards of the conditions and circumstances of work such as working hours, weekly day-off, annual leaves, work of juveniles, women, protection against work risk, work environment and the minimum age of work.

10- Checking for providing labor care from the part of the employer as per law, such as appropriate accommodation, medical treatment, water, food and means of transportation in areas that are off the beaten track.

11- Making sure that Domestic Labor establishments comply with the daily and weekly working hours determined in the Labor Law and guaranteeing the payment of a cash return for the overtime work according to the law (25% more than the regular salary).

12- Guaranteeing that Domestic Sector establishments grant the workers a week day-off on a regular basis and that those who working on the day-off are granted 50% more than the regular pay as well as compliance with compensating the working with a substitute day-off during the following week.

13- Guaranteeing that labor in the Domestic Sector are granted the official leaves according to the provisions of the Labor Law. In case of making them work on these days, they shall be granted a double amount (100 %) and making sure they got the annual leaves stipulated in the law without exerting pressures on them to deprive them thereof if they asked for the same.

14- Providing guarantees for the working woman to help her get her rights stipulated in the Labor Law 64/38 regarding not working at night or in dangerous industries or professions and granting her maternity paid leave (70 days) with full pay and sick leave for pregnancy or delivery according to the provisions of the law.

15- Activating labor inspection with its both aspects (work inspection, professional safety inspection) in such a way that it covers all commercial, industrial and service establishments throughout the territories so as to make sure of applying the provisions of law and ministerial decrees in regards of the conditions and circumstances of work, professional safety, salaries, leaves, working hours, etc. This is in addition to concentrating on conditions of health and safety against work risks (Ministerial Decree 114/95), and appropriate accommodations and its utilities (Ministerial Decree 113/95).

16- Quickly enacting a new amended Labor Law for the present Labor Law 64/38 which has spent 42 and became unsuitable for the changes undergone by Kuwaiti society and labor market. This law has become contradictory to the stipulations of Arab and international work agreements authenticated by the State of Kuwait (22 agreements). Moreover, the amendment gives more advantages to the workers in the Domestic Sector and encourages Kuwaiti labor to join the Sector in way that is harmonious with the goals of the law of supporting and protecting the national labor 19/2000, where the expatriate labor occupies 98% of the workers' total in that Sector, which is a sort of disequilibrium in the local market.

References of the Study:

1- Al-Azhari Fawzy: Work Relations and Use in Domestic Sector – Public Authority for Applied Education and Training, Kuwait 2001.

2- Haider Ibrahim: Impacts of Foreign Labor on the Arab Culture, Kuwait Symposium about Foreign Labor in Gulf States, 1983.

3- Dr. Abdul Bassit Mohammed Hassan: Fundamentals of Social Research, Wahba Library, Cairo, 1984.

4- Dr. Abdul Raouf Al-Jadawy: Immigaration and Social Alientation in Kuwaiti Society, Dar Al-Rubaiaan, Kuwait, 1984.

5- Dr. Abdul Raouf Al-Jardawy: Work and Social Security in the State of Kuwait, Thaat Al-Salasel, Kuwait, 2006.

7- Dr. Abdullah Al-Nafeesi: Impacts of ForeignLabor on the Political Status in the Gulf States, Nadwat Al-Kuwait, 1983.

8- Dr. Abdul Malik Al-Tameemi: Foreign Settlement in the Arab Homeland, Alam Al-Maarifa, Ministry of Media, Kuwait, 1983.

9- Dr. Nadir Ferjani: Organizing the Use of Labor Power in the Gulf States, Bahrain, 1980.

10- Dr. Nabil Al-Samaluti: Theoretical Structure of Sociology, Dar Al-Maarifa Al-Jamieiya, Alexandria, 1974.

11- Executive Office: Report of the Technical Committee for Studying the Impacts of Expatriate Labor, Bahrain, 2004.

12- Cabinet:

A- Resolution No. 31/97 Employment of 35% of expatriate labor before 2/8/1990.

B- Resolution No. 627/93 Envisionment Committee for the System of Shares for Expatriate Nationalities.

C- Resolution No. 6/94 Setting a Strategy for Developing National Labor.

D- Resolution No. 11/2004 Transferring Visit Visa into Work Permit.

E- Resolution No. 568/2005 Constituting the Permanent Committee for Organizing the Conditions of the Expatriate Labor and Domestic Labor.

13-Ministry of Social Affairs and Labor:

A- Resolution No. 93/1993, Establishing an Office for Developing National Labor.

B- Resolution No. 106/94, Organizing Work in Domestic Sector.

C- Resolution No. 107/94, Determining Certain Sectors for Issuing Work Permits.

D- Resolution No. 135/2001, Transferring Work Permits.

E- Resolution No. 155/2004, Transferring Work Permits.

F- Annual Report (Work Coordination Department) 2005.

G- Labor Law in Domestic Sector 38/64 and Its Amendments.

Acknowledgement:

Kuwait Social Work Society would to express its thanks and gratitude for every one who contributed with their scientific effort and sincere consult in carrying out this study for the following parties:

·        Ministry of Social Affairs and Labor

(Labor Sector)

·        Benevolent Project Establishment

Management Board