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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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My age is 59.5 I work for my employer for 20 years...

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My age is 59.5 I work for my employer for 20 years did not have any sick leave all this year's will they pay for my sick leave which I have not taken and I received retarment letter what r d benefit I need to get by retarment

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Kuwaiti Labor Law stipulates the following:
Article (70)
The worker shall be entitled to a 30-day paid annual leave. However, the worker shall not be entitled to a leave for the first year of work except after at least 9 months of service for the employer. Official holidays and sick leaves during the year shall not be counted as annual leave. The worker shall be entitled to a leave for the fractions year in proportion with the period he spent in actual service, even the first year of service.
Article (71)
The worker shall be paid for his annual leave before taking such leave.
Article (72)
The employer shall have the right to determine the date of the annual leave and divide such leave after the first 14 days thereof, with the consent of the worker.
The worker shall have the right to accumulate his leave entitlements provided that they do not exceed two years and he shall be entitled to take his accumulated leave all at once subject to the approval of the employer.
Article (73)
Without prejudice to the provisions of Articles 70 and 71, the worker shall be entitled to a cash consideration for all his accumulated annual leaves upon the expiry of his contract.
Article (74)
Without prejudice to the provisions of Article (72), the worker shall not waive his annual leave with or without compensation. The employer shall have the right to recover the remuneration paid to the worker for this leave in the event where the worker is found to have worked for another employer during that leave.
Article (75)
The employer may grant the worker a paid academic leave to obtain a higher degree in his work field, provided that the worker shall work for the employer for a period of time equal to the period of the academic leave that should no exceed 5 years. In the event where the worker violates this condition, he shall be obliged to repay the remuneration paid to him during the leave in proportion to the remaining period of work.
Article (76)
The worker who spent two continuous years working for the same employer shall be entitled to 21 days leave with pay to perform Al-Hajj provided that he had not performed hajj before.
Article (77)
In the event of a first and second degree relative’s death, the worker shall be entitled to a three-day fully paid leave.
The Muslim working woman, whose husband has died, shall be entitled to a fully paid iddat leave for four months and ten days from the date of death. During this leave, the working woman shall not be entitled to work for another employer. The conditions of grating this leave shall be organized by a resolution of the Minister.
The non-Muslim working woman, whose husband has died shall be entitled to a paid leave of 21 days.
Article (78)
The employer shall have the right to give the worker a paid leave to attend conferences, annual gatherings and labor meetings.
The Minister shall issue a resolution setting forth the conditions and regulations governing the granting of such leave.
Article (79)
The employer may grant his worker, upon his request, an unpaid leave other than the leaves mentioned in this chapter.
In regard to your request for emergency leave, then you can claim for it from the employer according to the last article, and the employer may accept or refuse it .
We advise to claim for it and explain the humanity situation to get it without pay in amicably way, as your period of work for 4 months can't grant you the ability to claim for leave.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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