إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
My visa expire June 17/2019 my employer do not...
My visa expire June 17/2019 my employer do not want me go this during my visa finish.she want me leave last week of June 2019
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Rumaithiya
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No
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إجابة الخبير: 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 would like to inform you that according to the Kuwait Labor Law, states the below:
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 (45)
The employer shall not use the right of termination granted to him by virtue of the previous article when the worker is enjoying one of the leaves stipulated in this Law.
Article (46)
The service of the worker shall not be terminated without any justification or as a result of his activity in the syndicate or a claim or his legal rights in accordance with the provisions of the law. The service of the worker may not be terminated for reason of gender, race or religion.
Article (47)
In the event where the term of the work contract is specified and the contract was unrightfully terminated by either party, the terminating party shall compensate the other party for damage provided that the amount of the compensation shall not exceed the remuneration of the worker for the remaining period of the contract The damage suffered by the parties shall be determined according to trade custom, the nature of the work, the duration of the contract and in general all considerations that may have an effect on the damage with regard to its existence and extent. All debts due to the other party shall be deducted from the value of the compensation.
Article (48)
The worker shall have the right to terminate his work contract without notification and shall be entitled to his end of service benefit in any of the following cases:
a- If the employer does not abide by the terms of the contract or the provisions of the law;
b- If the worker was assaulted by or by provocation from either the employer or his deputy;
c- If continuing work will endanger his safety and health pursuant to the decision of the medical arbitration committee at the Ministry of Health.
d- If the employer or his deputy committed an act of cheating or fraud with regard to work conditions upon signing the contract.
e- If the employer has accused the worker of committing a punishable act and the final verdict acquitted him.
f- If the employer or his deputy commits an act that violates public morals against the worker.
If you have another question related with our section, 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,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that according to the Kuwait Labor Law, states the below:
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 (45)
The employer shall not use the right of termination granted to him by virtue of the previous article when the worker is enjoying one of the leaves stipulated in this Law.
Article (46)
The service of the worker shall not be terminated without any justification or as a result of his activity in the syndicate or a claim or his legal rights in accordance with the provisions of the law. The service of the worker may not be terminated for reason of gender, race or religion.
Article (47)
In the event where the term of the work contract is specified and the contract was unrightfully terminated by either party, the terminating party shall compensate the other party for damage provided that the amount of the compensation shall not exceed the remuneration of the worker for the remaining period of the contract The damage suffered by the parties shall be determined according to trade custom, the nature of the work, the duration of the contract and in general all considerations that may have an effect on the damage with regard to its existence and extent. All debts due to the other party shall be deducted from the value of the compensation.
Article (48)
The worker shall have the right to terminate his work contract without notification and shall be entitled to his end of service benefit in any of the following cases:
a- If the employer does not abide by the terms of the contract or the provisions of the law;
b- If the worker was assaulted by or by provocation from either the employer or his deputy;
c- If continuing work will endanger his safety and health pursuant to the decision of the medical arbitration committee at the Ministry of Health.
d- If the employer or his deputy committed an act of cheating or fraud with regard to work conditions upon signing the contract.
e- If the employer has accused the worker of committing a punishable act and the final verdict acquitted him.
f- If the employer or his deputy commits an act that violates public morals against the worker.
If you have another question related with our section, 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,
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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