Labor Exploitation Complaint in Kuwait: Steps, Evidence, and Rights

Has your salary been delayed, has your employer withheld your passport, or have you been required to work overtime without compensation, and you want to file a complaint but do not know where to start or what evidence can support your rights?

Before taking any action, it is important to identify the issue accurately and prepare supporting evidence. The appropriate procedure varies depending on the type of violation. Some problems may constitute labor claims that can be examined by the competent authority, while more serious circumstances may require a different legal route.

This guide explains how to file a Labor Exploitation Complaint in Kuwait, when such a complaint may be submitted, what evidence should be prepared, how the procedures progress after filing, and what steps may apply in cases involving unpaid wages, passport retention, or unpaid overtime. It also provides sample complaint wording that can be adapted according to the nature of the problem.

When Do You Need a Lawyer for a Labor Exploitation Complaint?

It may be preferable to consult a lawyer in Kuwait before starting the procedure if the problem involves more than simply filing a complaint, especially in the following situations:

• If you are asked to sign a resignation, settlement, waiver, or declaration without understanding its legal effect.
• If what you agreed with the employer differs from the information recorded in your employment contract.
• If the employment relationship has ended and you are unsure which rights may still be claimed.
• If you receive a warning or response from the employer and need it assessed before replying.
• If you are offered a settlement or a sum of money and do not know how accepting it may affect your remaining rights.
• If you are asked to respond or sign within a short period and do not know which procedure is most appropriate.

In these situations, a legal review can help identify the most appropriate next step and avoid taking an action whose consequences may later be difficult to reverse.

When Can You File a Labor Exploitation Complaint in Kuwait?

Not all problems that workers encounter in the workplace are the same. The right or claim involved should therefore be identified first. The following are among the most common situations that may arise in private-sector labor disputes.

Non-Payment or Delay of Salary

If the employer stops paying your salary or salary delays become recurring, begin by comparing the wage due dates with the amounts actually transferred to you.

Article 56 of the Private Sector Labor Law provides that a worker employed on a monthly wage must be paid at least once every month, while other workers must be paid at least once every two weeks. Wage payment may not be delayed beyond the seventh day after the due date.

Documents that may help prove the claim include:

• The employment contract.
• Bank account statements.
• Wage transfer statements or records.
• Correspondence relating to requests for salary payment.
• Any document showing the wage amount and the period for which it was due.

If the claim covers more than one month, it is preferable to prepare a simple statement showing each month and the amount claimed for that month.

Withholding a Worker’s Passport

If the employer keeps the worker’s passport and refuses to return it, it is preferable to present the passport retention issue separately and clearly rather than including it only within a general description of mistreatment.

The Regulations on the Rules and Procedures for Granting Work Permits issued under Administrative Decision No. 156 of 2022 prohibit employers in the private sector and oil business sector from withholding their workers’ travel documents. Decision No. 156 of 2022 has remained the basis of the regulations, subject to subsequent amendments.

The worker should clearly explain:

• When did the employer obtain possession of the passport?
• Did the worker request its return?
• When was the request for return made?
• Did the employer respond?
• Are there messages or correspondence supporting the incident?

If the passport is later returned, it is useful to retain evidence showing the date on which it was returned to the worker as part of the chronological record of events.

Working Overtime Without Receiving Compensation

A claim may also arise when a worker performs work beyond normal working hours without receiving the legally due compensation.

Article 64 of the Labor Law establishes the general rule that working hours should not exceed 48 hours per week or 8 hours per day, subject to the circumstances and exceptions provided by law.

Article 66 also regulates overtime work and provides that the worker is entitled to remuneration for overtime at a rate 25% higher than the ordinary wage for the corresponding period. It also permits the worker to prove that the employer instructed them to perform overtime work through the various methods of proof permitted under the article.

The following may help support the claim:

• Attendance and departure records.
• Work schedules and shift schedules.
• Messages or instructions assigning the work.
• Lawfully available entry and exit records.
• Wage statements.
• Any other document showing the actual number of hours worked.

It is preferable to identify the specific days and hours concerned as accurately as possible rather than simply stating that the worker “always” worked overtime.

What Should the Evidence Prove in a Labor Exploitation Complaint?

The evidence required for a Labor Exploitation Complaint in Kuwait varies depending on the nature of the issue being reported. Each document should therefore be directly connected to the right or incident you are trying to prove, whether the complaint concerns unpaid wages, salary delays, passport retention, unpaid overtime, or work-related pressure.

Steps for Filing a Labor Exploitation Complaint in Kuwait

If the problem falls within private-sector labor disputes, the steps can generally be arranged as follows:

1. Review the employment relationship details: Confirm the employer’s details, the employment contract, the employment start date, and any other essential information connected to the employment relationship.
2. Identify your request for each issue: If you have several claims, separate them and specify the amount or right sought in relation to each one.
3. Prepare the documents: Collect the employment contract, bank statements, correspondence, attendance records, and any document directly related to the claim.
4. Review the dates: Confirm when the problem began, the period covered by the claim, and the date the employment contract ended if it has already terminated.
5. Submit the complaint to the competent Labor Department: The Public Authority for Manpower handles labor disputes within its jurisdiction. Government authorities also provide electronic services relating to labor complaints and inquiries, including services for checking complaint hearing dates.
6. Keep the complaint details: Retain the application number and any notices or appointment dates issued in relation to it.
7. Record what happens during each follow-up: Keep a record of each review date, any additional requirements requested from you, and any subsequent appointment scheduled.

The goal is not to provide an excessively long narrative, but to enable the competent authority to understand the incident, the right being claimed, and the evidence supporting it.

Sample Labor Exploitation Complaints in Kuwait

The following templates may be used as initial examples. It is preferable to have the intended wording reviewed by a labor lawyer before using it, so that it can be reviewed and adjusted according to the facts of the case and the available documents.

Sample Complaint for Non-Payment or Delay of Salary

The following wording may be used as a guide and should be amended according to the actual facts:

Subject: Complaint Regarding Non-Payment of Due Wages

I submit this complaint against the employer/company (…) due to the non-payment of my wages for the period from (…) to (…) despite the applicable payment dates having passed.

According to the available documents, the total amount I am claiming is (…) Kuwaiti dinars.

I attach the employment contract, account statements, correspondence, and documents related to the claim and request that the prescribed procedures be taken to verify the amounts due that are the subject of this complaint.

It is preferable not to state an approximate amount if the actual figure can be determined from wage records and account statements, in order to avoid inconsistencies between the amount claimed and the supporting documents.

Sample Complaint Regarding Passport Retention

If the issue concerns the employer’s refusal to return a travel document, the following wording may be used as a guide:

Subject: Complaint Regarding Retention of Travel Document

I submit this complaint because my employer (…) has retained my passport since (…) and I requested the return of the document on (…), but it has not been returned to me as of the date of filing this complaint.

I attach any available messages or documents relating to my request for the return of my passport and request that the prescribed procedure be taken regarding this matter.

This wording focuses on identifiable facts instead of adding conclusions or accusations that are unnecessary for resolving the underlying issue.

Sample Complaint Regarding Unpaid Overtime

The initial wording may be as follows:

Subject: Complaint Regarding Unpaid Overtime Hours

I work for (…) under an employment contract dated (…). During the period from (…) to (…), I was instructed to work beyond the specified working hours, but I was not paid the compensation I am claiming for those overtime hours.

I attach attendance and departure records and any available messages or documents showing the working hours and instructions to perform the work, and I request verification of the resulting entitlements in accordance with the law.

The information stated in the template should correspond with the attendance records and documents attached to the complaint.

What Happens After Filing a Labor Complaint?

Article 146 of the Labor Law regulates the stage preceding the filing of a labor lawsuit. A lawsuit must be preceded by an application submitted by the worker or the persons entitled through them to the competent Labor Department, which summons both parties to the dispute or their representatives in an attempt to reach an amicable settlement.

If no settlement is reached, the law requires the dispute to be referred to the court within one month from the date the application was submitted, together with a memorandum containing a summary of the dispute, the arguments of both parties, and the department’s observations.

Once the dispute moves to litigation, the claim may require more detailed legal drafting. This is where preparing a statement of claim for labor entitlements becomes important, setting out the facts, rights claimed, amounts sought, and supporting documents in an organized form appropriate to the nature of the dispute.

When Does the Matter Go Beyond a Labor Dispute?

The legal treatment of the problem may change if it is no longer limited to financial rights or employment conditions and involves coercion or threats.

Law No. 91 of 2013 on Combating Trafficking in Persons and Smuggling of Migrants links human trafficking to specific acts, means, and circumstances, including coercion, use of force, threats, deception, compulsion, abuse of authority, or exploitation of vulnerability, when carried out for the purpose of exploitation, which includes forms such as forced labor or compulsory service.

It is therefore important to distinguish between:

• A labor dispute: such as a claim for delayed wages or overtime compensation.
• Circumstances that may go beyond a labor dispute: where indicators arise that require criminal assessment or different protective measures depending on the nature of the case.

Kuwait also applies a national strategy and referral system for dealing with trafficking in persons and protecting victims.

Mistakes to Avoid When Filing a Complaint Against a Sponsor for Labor Exploitation

To make the complaint follow-up more organized, try to avoid actions that may make the facts more difficult to understand or review, including:

• Using a ready-made template without adapting it to the facts of your case.
• Attaching a large number of documents that do not directly relate to the claims stated in the complaint.
• Deleting messages or correspondence related to the dispute before retaining a copy.
• Submitting screenshots or conversations that do not clearly show the date or context.
• Relying on a verbal promise to resolve the issue without keeping evidence of what was agreed.
• Sending emotional or irrelevant communications that distract from the substance of the claim.
• Signing a new document relating to the employment relationship without understanding its content and its effect on your legal position.

Frequently Asked Questions About Labor Exploitation Complaint in Kuwait

How can I file a labor complaint against my employer in Kuwait?

Prepare your employment documents and evidence, identify each claim clearly, and submit the complaint to the competent labor authority.

What can I do if my salary is delayed in Kuwait?

Keep your employment contract, bank statements, wage records, and salary-related correspondence to support a claim for unpaid or delayed wages.

Can an employer keep a worker’s passport in Kuwait?

The applicable work permit regulations prohibit employers in the private and oil sectors from withholding workers’ travel documents.

What evidence is useful for an unpaid salary complaint?

Useful evidence may include the employment contract, bank statements, wage transfer records, payslips, and correspondence requesting payment.

Can I claim unpaid overtime in Kuwait?

A worker may claim overtime compensation where the additional working hours and their connection to the employer’s instructions can be established.

What documents can prove unpaid overtime?

Attendance records, shift schedules, work instructions, entry and exit records, wage statements, and relevant messages may help support the claim.

What happens after filing a labor complaint in Kuwait?

The competent Labor Department may first attempt an amicable settlement, and unresolved disputes may then be referred to the court under the applicable procedure.

When does a labor dispute become more serious?

A case may require a different legal assessment when it involves threats, coercion, force, deception, or other circumstances that go beyond ordinary employment claims.

Should I sign a settlement offered by my employer?

Do not sign a settlement, resignation, waiver, or acknowledgment before understanding how it may affect your remaining employment rights.

When should I contact a labor lawyer in Kuwait?

Legal advice may be useful when several claims overlap, documents are disputed, a settlement is offered, or the case moves toward litigation.

In conclusion, filing a Labor Exploitation Complaint in Kuwait begins with documenting the facts and preparing the evidence connected to each claim. Properly organizing unpaid wage records, passport-related correspondence, overtime evidence, and other relevant documents can help determine the appropriate legal procedure according to the nature and stage of the dispute.

When several issues arise or the claims and documents become interconnected, you can schedule an appointment with lawyer Fahad Ahmed Al-Saeed to review the case and determine the appropriate procedure based on the facts and available documents, without assuming a predetermined outcome.

Disclaimer: This content is provided for general legal awareness and does not constitute legal advice for a specific case. The appropriate procedure and claims depend on the facts, documents, and applicable deadlines in each case.

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