Employer Organizational Authority (Labor Regulation)
Dr. Saleh Nasser Al-Otaibi
Associate Professor of Private Law – Kuwait International Law School
Abstract:
According to Kuwaiti Labor Law, the relationship between the employee and the employer is aubjunctive relationship. Article (1) of the Kuwait Labor Law states the following: “Worker: any male or female performing manual or mental work in return for a wage under management or supervision of the Employer. Employer: any natural or juridical person who practices a profession or engages in business and employs workers in return for a wage.” This means that while performing their job, the employee does not work independently because he/she is under the supervision of the employer, whose orders and directions must be respected and implemented. Such orders are supposed to be for the benefit of the work. On the other hand, the benefit of the employer is represented by the fulfillment of work, whether it is gaining extra cash or other benefits.
The benefit to the employee is represented by having good work conditions, job security and a steady flow of wages, which is usually the only source of income for those workers and their families. As a result, the community as a whole will benefit from the continuity of work by maintaining the capital and finding new job opportunities. However, if work revenues are reduced due to poor organization, capital losses, job losses and economic turmoil, the whole community will be negatively affected. This is the main motif behind this research.