Example / When the office is engaged to represent a client in employment and labor matters in Kuwait, the strategy is structured by the following guiding principles:
I- Comprehensive Planning: At the outset, we develop a clear strategy that defines the client’s objectives, evaluates the employment relationship, and identifies applicable legal obligations. This plan aligns with Kuwait’s current legislative framework, including:
Labor Law in the Private Sector (Law No. 6 of 2010, as amended), governing employment contracts, wages, working hours, and termination.
For public sector employees: Civil Service Law and related regulations; and
Court decisions in reference to similar cases.
II-Stage-by-Stage Progression: Employment and labor disputes are managed in sequential stages: 1- Pre-litigation review: Assessing the employment contract, company policies, and statutory entitlements. 2- Conciliation phase: Engaging in settlement discussions or mediation before the Labor Relations Department of PAM. 3- Court proceedings: Filing or defending claims relating to wrongful termination, wage entitlements, benefits, or disciplinary actions. 4- Appeal and enforcement: Pursuing appeals before higher courts if necessary and enforcing final judgments.
III- Full Coverage of Procedures: The strategy covers all procedural steps, including drafting employment contracts, advising on compliance, representing clients in PAM conciliations, and litigating before Kuwaiti courts.
IV- Prioritization: Priority is given to urgent matters such as unlawful termination, unpaid wages, or expatriate residency status, followed by longer-term compliance and policy restructuring for employers.
V- Costs and Duration: An estimate is prepared of expected costs and timelines, taking into account the mandatory conciliation stage before PAM and the typical duration of labor court proceedings.
VI- Decision to Proceed: A final decision to file or defend a claim is made only after confirming compliance with procedural requirements, reviewing settlement prospects, and aligning with the client’s objectives.
VII- Legal Report: A detailed legal report is prepared, setting out the applicable laws, potential liabilities, and strategic options.
VIII- Consultation: Continuous consultation with the client is maintained throughout the process to ensure that the chosen course of action remains aligned with both legal requirements and business needs.