Employer of Record in Kuwait
Skuad’s Kuwait EOR (Employer of Record) solution helps your business expand into Kuwait without the need for an entity setup. Our unified and automated global HR platform enables you to expedite the onboarding of your remote team, manage their payroll and benefits and ensure compliance with local regulations. We help you streamline the global expansion process with the able assistance of our international network.
Kuwait at a Glance
Official Name: State of Kuwait
Location: Southwest Asia
Population: 4.2 Million (2019)
Currency: KWD Kuwaiti Dinar
Capital city: Kuwait City
Languages: Arabic (Official), English
GDP: 107.94 Billion USD (2020)
What You Must Know Before Employing in Kuwait
Kuwait employment laws apply both to foreign nationals as well as their citizens. However, there are some differences in their entitlements.
To set up a local entity in Kuwait, a company must be aware of all aspects of Kuwait’s employment regulations. They may look somewhat complex and confusing but are not much different from the employment regulations of many other countries. Nevertheless, to minimize or mitigate challenges that may arise for companies looking to set up a local office, it is advisable to partner with a local payroll provider who is well aware of Kuwait’s labor laws for both local and international employees.
Contractors vs. Full-Time Employees
The decision to keep contractors versus hiring full-time employees is of great importance while expanding globally. Contractors should be hired for short-term projects and work where high supervision is not needed. However, if you have a role that is part of the company’s core business and requires a long-term association, you should hire a full-time employee. For example, industries dealing in knowledge workers such as IT Solutions, Services, Business Intelligence, Software Development may be best suited to hire contractual employees to utilize the best talent available at a much lesser cost.
Hiring in Kuwait
Companies looking to hire talent in Kuwait must be familiar with Kuwait’s Labor Law. The significant working population in Kuwait comprises expatriates. Hence, there are various aspects of employment laws. Every Citizen has a right to duty, and they should not be discriminated against on any ground. The two most critical elements are getting work residency for employees and employment contracts.
Companies looking to hire knowledge workers tend to hire contractors and often use the Job Search portals like Bayt and Naukrigulf. However, these portals help in finding a pool of talent available in Kuwait. However, they don’t help much in the overall hiring and onboarding process. In addition, if companies are not compliant, they may run into the risk of penalties and delays that can affect their business.
Engaging and paying foreign talent via a global EOR solution like Skuad is significantly cheaper than in-house HR. Skuad as an Employer of Record in Kuwait can help you hire in Kuwait without setting up a legal entity; this eliminates most of the legal and financial risks. Additionally, you will have the flexibility of adding more projects to expand your business.
As per Kuwait’s Labor law, The probation period of a worker is 100 working days. If the employer terminates the employee within the probation period, the employee becomes eligible for the end of service benefit proportionate to his work period. Once the probation period ends, the employee becomes eligible for benefits and entitlements as defined in the employment contract.
Termination Of Service
As per Kuwait Employment Law, Both the Employer and employee may terminate an employment contract after giving a termination notice.
The notice period is three months for monthly salaried employees and one month for all other types of employees. If an employer terminates the employee without any notice period, they must pay the total amount of salaries covering the notice period. The same rules apply to an employee who is not able to complete the notice period.
EOR Solutions In Kuwait
Skuad’s Kuwait Employer of Record (Kuwait EOR) solution makes it easier and faster for businesses to expand into Kuwait. Taking the EOR route ensures smooth and compliant payroll processing and other employment responsibilities without any entity establishment. Skuad can help you manage monthly payroll, contracts, work permits, taxation, etc., in Kuwait for your employees.
General Employer of Record Service Terms
Outsourcing Employment Through An Employer of Record
When you decide to expand into Kuwait as an organization, you also need to determine the path you want to take - whether you wish to build an in-house team or accept an EOR to manage payroll and employee lifecycle.
Types of Visas in Kuwait
To live and work in Kuwait, foreigners shall obtain a residency visa, which is issued based on valid employment. The employer needs to apply for the work permit on behalf of the expatriate employee. The Private Sector Kuwait Labor Law has specific requirements for employers. The Employers must keep a file for each foreign employee that includes copies of their:
- Work Permit
- Kuwaiti Civil ID
- Documents related to annual and sick leave
- Overtime hours
- Work injuries or diseases, if applicable
- End of service date and reasons for leaving the job
- Employment contract
- Copies of receipts that an employee returns all documents, tools, and certificates after employment.
Things You Must Know to Set Up Payroll in Kuwait
To set up payroll and manage taxation in Kuwait, you need to be aware of the rules, which vary from one category to another. The first and the foremost thing you must consider is whether you want to employ foreign professionals or locals. As a foreign company, you must be aware and adhere to the local tax laws like income tax, business tax, withholding tax, employee compensation insurance, and social security costs.
There are two ways of doing it
- Set up an in-house team to manage the payroll in Kuwait.
- Hire the services of a local payroll specialist, who will make the management simpler and ensure complete compliance with Kuwait laws.
Companies can’t set up their payroll in Kuwait unless they have a registered subsidiary, which means it could take a long time before hiring your first employee. However, as Employer of Record, Skuad can handle all employment-related compliances and make the hiring much quicker.
Taxes in Kuwait
Incorporation: How to Set Up a Subsidiary in Kuwait
Many factors impact setting up a Subsidiary in Kuwait. For example, different regions and cities in Kuwait can have their subsidiary laws, which will affect how you incorporate them.
Another important aspect is the type of subsidiary you intend to set up. You can incorporate several different entities, including a shareholding company, limited liability company (LLC), branch or partnership. Each option will have other Kuwait subsidiary laws and place restrictions on your activity level in the country. Most companies choose to incorporate LLCs because it gives them the most freedom to operate, while a branch is the most restrictive entity type.
Steps Involved in Setting up Subsidiary in Kuwait:
- Register at the Department of Companies of the Ministry of Commerce and Industry (MOCI)
- Reserve a unique company name
- Obtain a letter addressed to the bank from the Department of Companies
- Deposit your capital at the bank
- Inspection of your company offices by the municipality
- Approval of a memorandum of association from the Department of Companies
- Commercial Registry or the Company
- Issuance of commercial license from the Department of Companies
- Registration with the Kuwait Chamber of Commerce and Industry
- Registration with the Public Authority for Civil Information (PACI)
- Complete Registration at the Ministry of Labor and Social Affairs
Setting up a Subsidiary in Kuwait can be a complex process for a foreign company. Skuad as an Employer of Record, has a team of lawyers, accountants and consultants who can help handle the process with ease.