إسأل Lawyer الآن

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

I transfered my residence to one of the company...

تم تقييم هذه الإجابة:
I transfered my residence to one of the company but i was under the probation period. After 98 days of my probation period they terminate me and again re hire with the new emplyement contract, after sign the new contract exactly after one month they again terminate me and said today is your last working day. They didnot even give me 3 months notification. In this case will i eligible to get my 3 months salary?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
kuwait
Lawyer's Assistant: Has anything been filed or reported?
yes they ask me to sign on termination letter there is only mention that i am terminated and also i sign the new employement letter same day
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I just need to know if i get the 3 months salary

إطرح سؤالك

الرد من العميل

when will i get the answer?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Thanks for joining and trusting us, much appreciated! We welcome you to join us in the legal section
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that according to the Kuwaiti labor Law, states the following:
Article (51)
The worker shall be entitled to an end of service benefit as follows:
a- The worker shall be entitled to a 10 days remuneration for each of the first five years of service and a 15 days remuneration for each year thereafter. The total of the end of service benefit shall not exceed one-year remuneration for employees who are paid on daily, weekly, hourly or piecework basis.
b- The worker shall be entitled to a 15 days remuneration for each of the first five years of service and one month remuneration for every year thereafter. The total of the end of service benefit should not exceed one and a half year remuneration for employees who are paid on a monthly basis.
The worker shall be entitled to a benefit for the fraction of the year in proportion to the period of service. Loans and credits owed by the worker shall be deducted from the end of services benefit.
The provisions of the Social Security Law shall be taken into consideration in this regard, and the employer shall pay the net difference between the amounts accrued due to the subscription of the worker in the social security and to the end of service benefit
Article (52)
Subject to the provisions of Article 45 of this Law, the worker shall be entitled to the entire end of service benefits stated in the preceding Article as follows:
a- If the employer terminates the contract;
b- If the duration of the contract expired without being renewed.
c- If the contract was terminated in accordance with Articles 48, 49 and 50 of this Law.
d- If the female worker terminates the contract as a result of her marriage within a year after the date of marriage.
Article (53)
The worker shall be entitled to half of the end of service benefits stipulated in Article 51 in the event where he terminates the work contract which has an indefinite term and the period of service reaches not less than three years and not more than five years. In the event where the period of service reaches five years and less than 10 years, the worker shall be entitled to two thirds of the benefit and if the period of service exceeds 10 years, the worker shall be entitled to his entire benefit.
Article (44):
In the event where the term of the work contract is not specified, both parties shall have the right to terminate the same by means of a notice to the other party as follows:
a- Three months prior to the termination of the contract for the workers earning a monthly remuneration.
b- One month prior to the termination of the contract for other workers.
In the event where the party wishing to terminate the contract does not abide by the period of notice, he shall be obliged to pay the other party a compensation for the notification period equal to the remuneration of the worker for the same period.
c- In the event where the notification of termination is issued by the employer, the worker shall have the right to be absent one day or 8 hours per week in order to search for other work. He shall also be entitled to his remuneration for the day or hours of absence.
The worker shall decide on the day or hours of absence and shall notify the employer at least one day prior to such absence.
d- The employer may exempt the employee from work during the period of notification while but shall count such period within the worker’s period of service. The employer shall pay the worker all his entitlements and remuneration for the period of notification.
Article (47)
If the contract of employment is fixed term and one of its parties terminated it without a right, it undertakes to 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 nature of the work, the duration of the contract and, in general, all considerations affecting the damage in terms of its existence and extent shall be taken into account in determining the damage to the parties to the contract, and the amount of compensation that may be due to the other party shall be deducted from the amount of the debt.
If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,

الرد من العميل

Sir,You still not gave me the clear answer. i join the company on 2nd feb 2019 after one month on 15 march they transfered my residence but on 30 april 2019. From 100 days of probation period i acompleted 98 days of then they terminate me. Again on 2nd May 2019 they agaim rehire me. Now on 30th may they said today is your last working day. They didnot gave me 3 momths notice period neithef they gave me termination letter. Now my question is this will i get the 3 months salary by labour law or NOT if i file a case in ministry

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Welcome again
Yes, this is an arbitrary dismal and the employer shall be obliged to pay compensation to the worker in accordance to Article (44)
Article (44)
In the event where the term of the work contract is not specified, both parties shall have the right to terminate the same by means of a notice to the other party as follows:
a- Three months prior to the termination of the contract for the workers earning a monthly remuneration.
b- One month prior to the termination of the contract for other workers.
In the event where the party wishing to terminate the contract does not abide by the period of notice, he shall be obliged to pay the other party a compensation for the notification period equal to the remuneration of the worker for the same period.
c- In the event where the notification of termination is issued by the employer, the worker shall have the right to be absent one day or 8 hours per week in order to search for other work. He shall also be entitled to his remuneration for the day or hours of absence.
The worker shall decide on the day or hours of absence and shall notify the employer at least one day prior to such absence.
d- The employer may exempt the employee from work during the period of notification while but shall count such period within the worker’s period of service. The employer shall pay the worker all his entitlements and remuneration for the period of notification.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود

في الأخبار