Overtime Pay and Working Hours in Kuwait’s Private Sector: Limits, Rates and Claims

Long shifts, unpaid extra hours and work on Fridays or public holidays are among the most common complaints from private-sector employees in Kuwait. Many workers do not know that Kuwait’s Labour Law in the Private Sector (Law No. 6 of 2010) sets firm limits on daily and weekly hours, caps overtime, and fixes minimum premiums for extra work, rest days and official holidays. Employers, for their part, often underestimate the record-keeping duties that come with overtime. This guide explains the rules as they appear in the published text of the law, how overtime pay is calculated, and how to claim unpaid amounts.

Normal Working Hours and Rest Breaks

Article 64 provides that a worker may not be employed for more than 48 hours a week or 8 hours a day, except in the cases set out in the law. During the holy month of Ramadan, working hours are 36 hours a week. The Minister may also reduce working hours for strenuous or unhealthy work or work performed in harsh conditions.

Article 65 adds a rest rule: a worker may not work more than five consecutive hours a day without a rest break of at least one hour, and rest breaks are not counted as working hours. The banking, financial and investment sector is an exception, where eight consecutive hours are allowed. With the Minister’s approval, workers may also be employed without a break for technical or emergency reasons or in office work, provided the total daily hours are reduced by at least one hour.

Employers must post, in a visible place at the workplace, an approved schedule showing daily working hours, rest breaks, the weekly rest day and official holidays (Article 82).

When Can an Employer Require Overtime?

Overtime is not a matter of routine. Under Article 66, the employer may require overtime by written order only where it is necessary to:

• prevent a serious accident or repair the damage it caused;
• avoid a certain loss; or
• deal with work exceeding the normal daily workload.

The law then sets hard caps on overtime:

• no more than 2 hours of overtime per day;
• a maximum of 180 overtime hours per year;
• overtime on no more than 3 days a week and 90 days a year.

Young workers (juveniles) are treated more strictly: Article 21 limits their working day to six hours and prohibits employing them in overtime, on weekly rest days, on official holidays, or between 7 p.m. and 6 a.m.

How Overtime Pay Is Calculated

Article 66 entitles the worker to overtime pay that exceeds the normal wage for the equivalent period by 25 percent. In practice:

1. Work out the hourly rate of the basic wage for the relevant period.
2. Add 25 percent to that rate to obtain the overtime hourly rate.
3. Multiply by the number of overtime hours actually worked.

For example, if a worker’s normal hourly rate is KD 2, each overtime hour must be paid at no less than KD 2.5. Overtime pay is subject to the wage-payment rules of Article 56, which require monthly-paid workers to be paid at least once a month and prohibit delaying wages beyond the seventh day after they fall due.

An important protection is that the worker may prove that the employer assigned overtime by any means of proof. A missing written order therefore does not defeat a claim; messages, emails, attendance logs, gate records and witness statements can all be used.

Weekly Rest Day and Official Holidays

Weekly rest: Article 67 gives every worker a paid weekly rest of 24 consecutive hours after every six working days. If work conditions make it necessary to employ the worker on the rest day, the worker receives at least 50 percent of the wage in addition to the original wage, and must be given another rest day in compensation. The same article clarifies that the daily wage for calculating entitlements is found by dividing the salary by the actual working days, excluding the paid weekly rest days.

Official holidays: Article 68 lists the paid official holidays, including Hijri New Year, Al-Isra’ wal-Mi’raj, Eid Al-Fitr (three days), the Day of Arafah, Eid Al-Adha (three days), the Prophet’s Birthday, National Day, Liberation Day and Gregorian New Year. If a worker is required to work on one of these days, the worker is entitled to double pay for that day plus a substitute day off.

Records the Employer Must Keep

Article 66 requires the employer to keep a special overtime register showing the dates, the number of overtime hours and the corresponding pay for each worker assigned overtime. Article 80 also requires a personal file for every worker that includes documents relating to overtime hours, leave and penalties. These records matter in disputes: an employer who cannot produce a proper overtime register will find it harder to contest the worker’s account, while a worker can request that the register be produced as evidence.

Claiming Unpaid Overtime

A worker who has not been paid for overtime should take the following steps:

1. Collect evidence of the hours: written instructions, WhatsApp messages, emails, shift rosters, attendance or fingerprint records, and the names of colleagues who can testify.
2. Raise the matter in writing with the employer, keeping a copy.
3. File a labour complaint with the competent labour department of the Public Authority for Manpower, which attempts an amicable settlement and refers unresolved disputes to the court.
4. Watch the time limit: under Article 144, claims brought by workers under the Labour Law are not heard, if denied, once one year has passed from the end of the employment contract. Labour claims are exempt from court fees and are heard on an urgent basis.

For a broader overview of employee rights, see our guide to Kuwaiti labour law rights and obligations, our article on annual and sick leave, and our guide to the probation period.

Frequently Asked Questions

Can my employer make me work overtime every day?

No. Overtime requires a written order for specific reasons, and it is capped at 2 hours a day, 3 days a week, 90 days a year and 180 hours a year.

What is the minimum overtime rate in Kuwait’s private sector?

Overtime must be paid at the normal wage for the equivalent period plus 25 percent. Work on the weekly rest day earns at least an extra 50 percent plus a substitute rest day, and work on official holidays earns double pay plus a substitute day.

I have no written overtime order. Can I still claim?

Yes. The law allows the worker to prove overtime assignments by any means of proof, including messages, attendance records and witnesses.

How long do I have to claim unpaid overtime?

Labour claims are not heard, if denied, after one year from the end of the employment contract, so act promptly once employment ends.

This article provides general information and is not a substitute for legal advice on your specific situation. If you have an overtime or wage dispute, you can book a consultation with the office of lawyer Meshari Obaid Alenezi or call +965 2220 4490.