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Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29342 | نسبة الرضا 97.6%

Lawyer

My company not give me releses

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My company not give me releses

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إجابة الخبير: Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29342 | نسبة الرضا 97.9%

 

 We would like to inform you that after reviewing your inquiry and legal scrutiny, we would like to state the following. 

It is different whether your contract is fixed term or not. If the contract is fixed term, it is not possible to terminate it without reasons until after its expiry
If your contract is unlimited, you must notify the employer prior to termination under the Kuwaiti Labor Law with compensation.

According to Kuwaiti Labor Law. 

Article (44) 

it stipulates that if the contract of employment is unlimited, each of the parties may terminate it after informing the other party as follows:
A) At least three months prior to the termination of the contract for workers hired at a monthly wage.
B- At least one month before the termination of the contract for other workers. If the party that terminated the contract does not observe the notice period, it is obliged to pay the other party the notice period equal to the wage of the worker for the same period.

  1. C) If the notification is from the employer, the worker shall be entitled to absent himself for a full day in the week or eight hours during the week in order to search for another job, with the entitlement to pay for the day or hours of absence.
    The worker shall determine the day of absence and his hours provided that he informs the employer of this at the day preceding the absence at least.
    (D) The employer may exempt the worker from work during the notice period and shall calculate the period of continuous service of the worker until the expiration of such period, with the consequent effects, in particular the worker's entitlement, his wage for the notice period.

Article 45

The employer may not use the right to terminate the contract he is entitled to under the previous article during the employee's enjoyment of the leave provided for in this law.

 

Article 46
The worker's employment may not be terminated without justification or because of his trade union activity or because of the claim or enjoyment of his legitimate rights in accordance with the provisions of the law, nor may the worker be terminated because of sex, origin or religion

Article (47) 

it stipulates that if the contract of employment is fixed term and one of its parties terminated it unlawfully, it shall compensate the other party for the damage he suffered, provided that the amount of the compensation does not exceed the equivalent of the wage of the worker for the remaining period of the contract. The nature of the work, the duration of the contract and, in general, all considerations affecting the damage in terms of its existence and extent, and deducting from the value of compensation what may be owed to the other party's debts.

Article 48

A labourer shall have the right to terminate the work contract without notice together with his entitlement to the terminal service indemnity in any of the following cases:

  1. a) If the employer does not abide by the provisions of the contract and the law.
  2. b) If an assault is committed against him by the employer or whoever represents him or by instigation or incitement by either of them.

c)If his continuation of doing the work will threaten his safety or health by a decision by the Medical Arbitration Committee at the Ministry of Health.

d)If the employer or his representative has introduced any act of cheating or fraud at the time of contracting in relation to the contract conditions.

e)If the employer charges the labourer of committing a criminal act and a final judgment is issued and declared his innocence.

f)If the employer or whoever represents him has committed an act that violate the morals against the labourer.

 

 
 
 

إسأل Attorney

Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29342 | نسبة الرضا 97.6%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
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