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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
This is the Chronology of events.1) 27th June: My...
الرد من العميل
Awaiting Lawyer's answer please.
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Thanks for joining and trusting us, much appreciated!
We would like to inform you that according to the Kuwaiti Labor Law, if the employer terminated you before you provide your resignation, then unfortunately the priority to the employer as the termination is determined with a date.
For the termination during the probation period, the employer may force you to pay compensation. If you resigned and complete the notice period then you can leave the work and get end of services benefit in 10 days, as below article states:
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.
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الرد من العميل
Dear Sir,Although the date from the client to my employer was earlier i.e. 27th Jun 19, I was not informed in writing by my employer immediatly, hence my resignation should take precedence as I sent my email dated 1st July 19 and at 5:21 AM. The employer sent me the termination email, possibly after receiving my resignation email on the same day but at 10:47 AM. Hence, my resignation was earlier then their termination letter by 5 hrs & 26 mins and should take precedence and my resignation should be complete after 3 months notice given to both parties. Any reduction of notice period should be agreed by both parties, as my contract or Assignment Letter correct? Under the above circumstances, kindly advice whether I had resigned or was I terminated Kuwaiti law?Regards,Jay
الرد من العميل
Customer ReplyDear Sir,Although the date from the client to my employer was earlier i.e. 27th Jun 19, I was not informed in writing by my employer immediatly, hence my resignation should take precedence as I sent my email dated 1st July 19 and at 5:21 AM. The employer sent me the termination email, possibly after receiving my resignation email on the same day but at 10:47 AM. Hence, my resignation was earlier then their termination letter by 5 hrs & 26 mins and should take precedence and my resignation should be complete after 3 months notice given to both parties. Any reduction of notice period should be agreed by both parties, as my contract or Assignment Letter correct?Under the above circumstances, kindly advice whether I had resigned or was I terminated Kuwaiti law?Regards,Jay
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Welcome again!
We would like to inform you that the above answer clarified your last question as the priority to the one who filed the complaint first, and you can make agreement to decrease the notice period or pardon you from that.
We advise you to review the above answer article 44, part D.
We are delighted to answer your question, worth to mention that you can also consult our experts on Jawabkom, as Doctors, Nutritionists, Engineers, and the list never ends
Kind Regards,
الرد من العميل
Dear Sir,May I send you a pdf copy of my actual Letter of assignment so can cud advice me totality?
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Welcome again!
Please note that the legal page is for providing legal advice. As for your inquiry, it is clear to us, and we recommend that you refer to the previous answer and follow the procedures as explained
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الرد من العميل
Dear Sir,Pls see my Letter of Assignment without Company, Company Staff & Employee Name details. All money figures are correct. Letter of AssignmentThis Agreement contains the information which represents the main terms and conditions of work, salary and allowances offered by XXXXXXXXXXX MIDDLE EAST LLC (referred to as COMPANY for the purpose of this review), local U.A.E. registered company, subsidiary of XXXXXXXXXXX Gas Services.The terms and conditions stated herein, detail the specific terms and conditions relative to this contract between XXXXXXXXXXXXX LLC and Mr.Xxxxxxxxxxxx XXXXXXX (referred to as Employee). Also attached are XXXXXXXX MIDDLE EAST LLC General Conditions of Contract of Employment and Disciplinary Rules, which form an integral part of this Letter of Assignment.This employment Agreement supersedes any other previously issued to the Employee for the purpose of other assignments.1.1 GENERAL DEFINITIONS1.2 Position: Training Coordinator1.3 Country of Assignment: Kuwait1.4 Site of Work: Site Office 1.5 Starting Date: 29th July 2018 1.6 Status: Single2.0 PROJECTS AND LOCATIONS CONCERNEDNormal work base shall be at Middle East LLC Site Office - Training Activity inKuwait.Address of EmployerAbu Dhabi,United Arab Emirates Tel +971 000 000 0000Fax +971 000 000 0000www.XXXXX.com1/ 12 3.0 SUSPENSIVE CONDITION This contract is subject to obtaining and maintaining the necessary permits and visas at Host Location (Kuwait).The Employee is required to secure valid passports, prior to departure for his international assignment.The Employer coordinates visa applications on the Employee's behalf, and covers the cost for processing the necessary visa required for the Employee to be eligible to work and reside in the Host Location. The Employee is required to obtain and supply all necessary items on a timely basis to support this effort.4.1 NORMAL WORKING DAYS & HOURS AND WORK CYCLE4.2 Working days : 6 Days per week4.3 Working hours :8 Hours per day4.4 You will be entitled to 15 working days of leave following each period of 165 calendar days.5.0 OVERTIMENo additional compensation shall apply in respect of any overtime worked unless approved from XXXXX YYYYY Project Management.6.1 DURATION OF THIS AGREEMENT6.2 This is an unlimited contract, however is anticipated to be until 31/03/2020, can be reduced or extended dependent on the requirement of the project.6.3 It is expressly understood & agreed that, as the client will determine the final duration, XXXXX YYYY XXXX YYY MIDDLE EAST LLC cannot be held responsible for any variation of the duration of this letter of assignment.6.4 The first (2) calendar months, commencing from the first day of effective work, shall be considered as a period, during which the employee is on probation, in order that his performance can be evaluated. During this period, each party can terminate this agreement by giving a one (1) week's notice.6.5 During this period, should the employee resign, then the cost of the air ticket(s) from his airport of mobilisation to his place of assignment, together with Entry Visa and Medical Examination costs, shall be to the Employee's account and shall be deducted from any final salary payment due. 7.1 COMPENSATION7.2 Compensat ion to Mr.Name of Employee for the services rendered will be made on the following basis:-CJ Salary: $5,982 USD per calendar monthCJ Overseas Allowance $2,485 USD per calendar monthCJ End of Service Benefit $351 USD per calendar monthPaid at the end of the assignment as per Kuwait labor lawCJ Loyalty Bonus. $299 USD per calendar monthPaid at the end of assignment if the Employee will not resign or would not be dismissed before the end of the assignment.It is expressly understood & agreed that subject salaries, benefits and allowances are all to be paid in Kuwait Dinar (KWD) to your nominated local bank account at a fixed exchange rate of 0.3134 of KWD per $ USD.7.3 Compensation shall be applicable from the day the Employee starts working for the Company.8.1 PAYMENT OF REMUNERATI ON AND ALLOWANCES8.2 1 The remuneration of the Employee shall be paid by credit transfer into his nominated Local Bank Account (as stated above).8.3 For the purpose of calculating the remuneration due to the Employee, the Employee shall send his approved time sheet in due time.9.1 ACCOMODATION, TRANSPORTATI ON AND LIVING ALLOWANCE9.2 Local accommodation: Single9.3 Local transportation: Car I Arranged by client within site facilities9.4 Living allowance: 138 KWD per calendar month10.1 AIR TICKET AND TRANSIT ACCOMMODATI ON10.2 The employee will be provided with 2 returns Economy Class Air Ticket per year to be used according to the stipulated work cycle, to travel from the nearest airport from home to work location and return.airport from home to work location and
الرد من العميل
Part 2 of Assignment Letter follows:10.3 No compensation is applicable for any unused air ticket, neither by cash nor by any other means. 11.1 INSURANCE11.2 The Employee will be covered under following insurance policies:-11.3 A Personal Accident covering accidental demise and disability. 11.4 Health care coverage (Single) as described in the insurance leaflet which has been forwarded to you.11.5 Medicalassistance and repatriation in case of extreme emergencies.11.6 The Employee is also eligible, at his own expenses, to other company programs according to the options agreed separately with him (please see attached).12.1 TERMINATION OF EMPLOYMENT12.2 Both parties may terminate this Agreement, at any time, without being required to state the reason, by giving a three months' notice in writing to the other party. This notice period is shorter during the trial period.12.3 Should the employee not respect his notice period, then the demobilization fees will be at his own cost. The notice period may be reduced or levied if both parties give their mutual written agreement.12.4 For the duration of his assignment as well as during a period of 18 (eighteen) months after its termination, the Employee is not allowed to solicit any employee of XXXXX YYYYYY - or one of its subsidiaries or affiliates - in a direct or indirect manner.13.0 APPLICABLE LAWThe applicable law of this Contract of Employment is the law of Kuwait.14.0 VALIDITYTo be valid, once it has been signed by one party, this Contract of Employment shall be signed by the other party within fifteen (15) calendar days after the first signature. Furthermore, the original shall be sent back to the first signatory within eighteen (18) calendar days after the first signature. I, the undersigned hereby agree and confirm that I have read and understood the foregoing contract and further agree and confirm that I shall observe and perform each and every obligations which result from this Letter of Assignment.The Employee:-Signature: of Employee: SignedName: XXXXXX YYYYYYYYDate:I, the undersigned hereby agree and confirm that I have read and understood the foregoing contract and further agree and confirm that I shall observe and perform each and every obligations which result from this Letter of Assignment.The Company:- Company stampSignature: SignedXXXX YYYY XXX YYY Middle East LLC Area Human Resources Manager Date:27th May 2018 ATTACHMENT - 1GENERAL CONDITIONS OF CONTRACT OF EMPLOYMENT1. Under no circumstances during work periods will the EMPLOYEE drink or have in his possession any alcohol or stimulant drugs or narcotics (except as prescribed in writing by a qualified physician and as notified in writing to the COMPANY) or any work site or in any other particular place specifically designated by the COMPANY, the CLIENT or any government athuthority.2. The EMPLOYEE will at all times conduct himself in a fit and proper manner and shall not through any act of belligerence, misconduct, indulgence in alcohol, stimulant drugs or narcotics, dereliction of duty, refusal to comply with any lawful direction, irresponsibility, incompetence, or the breaking of any local law, bring in the opinion of the COMPANY, disgrace on himself, the COMPANY, or the CLIENT.3. In consideration of the obligations undertaken by the COMPANY hereunder, the EMPLOYEE hereby undertakes to and covenants with the COMPANY that:-3.1. In as far as the Contract of Employment (Letter of Assignment) is between the EMPLOYEE and XXXX YYYY & YYYYYY MIDDLE EAST LLC, the EMPLOYEE acknowledges that he has no contractual link to any CLIENT, to whom he may be seconded by XXXX YYYY & YYYYYY MIDDLE EAST LLC. In recognition of this, the EMPLOYEE expressly undertakes that he will not commence I take any legal proceedings I litigation against any Client, for any reason, relating to his assignment.3.2. Forthwith upon termination of this AGREEMENT he shall immediately deliver to the COMPANY, or the CLIENT (as the case shall require) all correspondence, documents, specification papers (and any copies thereof) and property belonging to the COMPANY, or the CLIENT, which may be in his possession, or under his control.3.3. The EMPLOYEE shall at all times, during the employment period and after the termination of his engagement, observe strict secrecy as to the affair, dealings and concerns of the COMPANY and of the CLIENT.3.4. The EMPLOYEE shall use his best endeavors to prevent the publication or disclosure of any trade secret, or other confidential information concerning the organization, business, or finances of the COMPANY, or the CLIENT, or any of their respective dealings, transactions, or affairs and shall not use, or attempt to use any knowledge, or information, which he may acquire as foresaid in any manner, which may injure, or cause loss, whether directly or indirectly, to the COMPANY, or the CL
الرد من العميل
The 3rd part of Assignment follows from Clause 3.43.4. The EMPLOYEE shall use his best endeavors to prevent the publication or disclosure of any trade secret, or other confidential information concerning the organization, business, or finances of the COMPANY, or the CLIENT, or any of their respective dealings, transactions, or affairs and shall not use, or attempt to use any knowledge, or information, which he may acquire as foresaid in any manner, which may injure, or cause loss, whether directly or indirectly, to the COMPANY, or the CLIENT, or use his personal knowledge of, or influence over the CLIENT, or any contractor of the COMPANY so as to take advantage of COMPANY's business connections, or utilize information confidentially obtained by him, provided that the provisions of this sub-clause shall cease to apply to information which may come into the public domain through no fault of the EMPLOYEE. 3.5. The EMPLOYEE will not at any time within the period of 1(one) year after the cessation of his engagement hereunder be employed (directly or indirectly, whether alone, or in partnership, or as the EMPLOYEE, agent, or officer of any person, firm, or otherwise) by, or work, or perform services for the CLIENT in the country of assignment, other than at the direction, or with prior written consent of the COMPANY .3.6. The EMPLOYEE will not, during the course of his engagement hereunder, accept any REMUNERATION, or gift from the CLIENT, or any other person in connection with the PROJECT, except with the prior approval of the COMPANY.3.7. All rights of copyright and all other rights, in and I or relating to all training materials, manual instruction books and any other related documentation, which shall be prepared (whether in whole, or in part) by the EMPLOYEE, at any time during the term of his engagement hereunder, shall vest in the COMPANY absolutely and the EMPLOYEE shall not, at any time thereafter , without the consent of the COMPANY, divulge, or reproduce any of the contents of such training materials, manuals, instruction books and any other related documentation to any third party.4. The COMPANY, or the CLIENT, may provide the EMPLOYEE with Personnel Protective Equipment, Hand Tools, Personal Computer and Communication Equipment, in accordance with the PROJECT requirements . Unless otherwise agreed, this equipment shall be returned to the COMPANY upon completion of the assignment. It is the EMPLOYEE's responsibility to ensure the safekeeping of the supplied equipment.5. The COMPANY and the CLIENT are concerned to ensure the safety of all persons. The EMPLOYEE has (and accepts) a legal responsibility , at all times, to prevent accidents by safe methods of working . The EMPLOYEE is required to participate in fire fighting and other safety duties and will undertake the appropriate training, when requested to do so by the CLIENT, or the COMPANY . ATTACHMENT - 2XXX & YYYY SERVICES HSE GOLDEN RULES Prevention of accident and safety at work is a major priority for XXXX. This commitment must be demonstrated by measures that may go beyond the regulatory requirements in the countries in which SPIE operates.The XXXXX YYYY HSE Golden Rules specify the minimum necessary and required measures to be applied by eachand every XXXX YYYY employees while working on site. Not abiding by these rules will be considered as breach of contract and will lead to immediate disciplinary measures, with the possibility of immediate dismissal.1. PPE (Personal Protective Equipment)1.1 Do not access installations or perform work without wearing general or task-specific PPE. In installations, wear general personal protective equipment (PPE), such as:Coveralls Safety shoes A hard hatSafety glassesHearing protection in specified areas Safety gloves1.2 Wear task-specific PPE when required by work risk assessments. In includes: Self-contained breathing apparatusFlame-resistant coveralls• Filter mask I hood I visor• Face shield or glasses• Device to detect the presence of toxic substances• Safety harness1.3 Do not work at height without a safety harness when there is no collective protective equipment2. SAFE WORK ING PROCEDURES• Do not perform work without a valid work permit.Perform last-minute risk assessment before work commences to make sure, at least, there is no live energy (mechanical, chemical, thermal, electrical, etc.) and no remaining "non controlled" hazards.Do not perform work without checking that the power and product supply has been rendered inoperative.Do not start up or shut down equipment or installations without using the appropriate,written operating procedure.• Do not carry out work if you do not have the right tools for the job and the environment. (Follow the appropriate operating procedure for the tools.)
الرد من العميل
Part 4 follows here from 3. Hazardous Areas:3. HAZAR DOUS AREADo not walk or stand under a load while lifting is taking place.Do not enter a confined space until isolation has been verified and the atmosphere checked.Obey all signs and barriers4. REPORTINGTo systematically report downgraded situation, near-miss and anomalies5. DRIVING• Do not exceed the speed limit• Buckle your seatbelt and ask your passengers to do the same.• Do not use your mobile phone while driving6. ALCOHOL, DRUGS & CIGARETTES• Do not work or drive under the influence of alcohol or drugs,• Do not smoke outside designated areas.'\ 8/12 ATTACHMENT - 3XXXXX YYYY & XXXX YYYY MIDDLE EAST LLC DISCIPLINARY RULES1. DISCIPLINARY RULES General dispositionThe Employee will at all times conduct himself in a fit and proper manner and shall not throughany act of belligerence, misconduct, dereliction of duty, refusal to comply with any lawful direction, irresponsibility, severe incompetence or the breaking of any applicable law, bring disgrace on himself, The Employer.Working timeThe Employee shall respect the working hours defined by The Employer when it is required. He shall not leave its workstation during these hours without the prior written authorization of his manager, except if he finds himself in a situation of imminent and serious danger.Tardiness and absencesTardiness must be justified immediately upon the Employee's arrival at the workplace. Every foreseeable absence must be authorized in advance by the immediate manager or supervisor of the Employee. Except in exceptional cases, a permission request specifying the reasons for the proposed absence must be presented to such manager or supervisor.If an absence is unforeseeable, as soon as possible and within 24 hours at the latest, the Employee must inform his/her manager of the reasons and the likely length of his absence . In case of sickness, a medical certificate must be presented to the manager within 48 hours from the first day of absence.If no justification is presented within the time before-mentioned, or if the justification is not valid, the absence is considered as an unjustified absence with all its consequences , notably disciplinary measures potentially including summary dismissal.Health and SafetyThe Employee must respect all the health and safety standards and rules of The Employer. In particular, all rules regarding safety devices must be diligently respected. The smoking interdictions must be strictly respected in non-smoking places.The Employee shall at all times observe follow and comply with safe working methods and shall participate in fire fighting and other safety duties and attend the appropriate training on safe working methods and/or safety duties when so requested by The Employer.The Employee may be required to obtain and maintain current offshore survival and safety training certificates for the duration of his engagement hereunder. The costs associated with obtaining the said certificates shall be borne by The Employer.The Employee must participate in the prevention and information training regarding health and safety in the firm at which his presence is expected. If needed, he must also participate, according to the instructions he may receive, with respect to actions implemented to ensure safe work conditions.9/12 cf) Ref: In general, the Employee shall take care of his own safety and health, and those of the others who could be impacted as a result of his acts or his negligence.The introduction to, and consumption of, alcohol in the workplace is forbidden, unless authorized by the head office. The introduction to, and consumption of, narcotic drugs (or substances which have a similar effect on the organism) in the workplace is strictly forbidden.Sanctions and disciplinary procedureAny breach of the disciplinary rules may lead to sanctions commensurate with the seriousness of the misconduct. The possible sanctions may be:A written warningExclusion from work without pay for a maximum duration of fifteen (15) worked days Downgrading or transferDismissalSummary DismissalThe Company may terminate the services of the Employee without notice, compensation or benefit in the event where the worker has committed any of the following acts:1- If the Worker has committed a mistake that resulted in a large loss for the employer. 2- If it was found that the worker obtained employment through cheating or fraud.3- If the worker divulged secrets related to the establishment which caused or would have caused real losses.I, the undersigned hereby agree and confirm that I have read and understood the foregoing terms and conditions and further agree and confirm that I shall observe and perform each and every obligations which result from these general conditions and disciplinary rules.The Employee :-Signature: Signed HereEmployee Name hereDate:29th Jul 2018
الرد من العميل
Part 4 n final part follows below.I, the undersigned hereby agree and confirm that I have read and understood the foregoing terms and conditions and further agree and confirm that I shall observe and perform each and every obligations which r suit from these general conditions and disciplinary rules.The Company: [Signed by Area HR MGR in Abu Dhabi]Signature: [Signed]Middle East LLC Area Human Resources Manager Date: 27th May 2018 Ref: Ref No . HereATTACHMENT 4A) COMPLIMENTARY COVERAGEINSURANCE DETAILS COVEREDEUROP ASSISTANCE Medical Assistance and Repatriation YESAXA CORPORATE SOLUTIONS Accidental deceases and disability YESType S(single) Gold Health Care coverage YESB) OPTIONAL COVERAGEOptions with Temporary or Long Term Disability are submitted to the insurance 'sacceptance of the subscriptionMedical questionnaire is compulsory; Insurance Company may refuse a subscription.INSURANCE OPTIONS I DETAILS PREMIUMto the Employee% of Basic Salarv TICK YOUR CHOICE YES NODCMR (Death all causes) 0.72% ACCDCMR (Accidental Death) 0.36% DCMR (Death all causes) + ACCDCMR (Accidental Death) 1.08% STD/LTDMR {Short Term Disability I Long Term Disability) +DCMR (Death all causes) 2.98% STD/LTDMR (Short Term Disability I Long Term Disability) +DCMR (Death all causes) + ACCDCMR (Accidental Death) 3.34% Employee's Basic Monthly Salary ....EurosFor the avoidance of doubt, Employee acknowledges and agrees that he has reviewed and understands all the optional insurance covers. The Employee further agrees that he is solely responsible for choosing any such optional programs.Please return this document with your hand written mention "Read and approved", date and your signature. This mention implies your full acceptance of above options.Name Date Signature 11/12 ATTACHMENT 5Principles of ethical conduct in business LETTER OF ACKNOWLEDGMENTI, the undersigned, [Name and Job Title],declare that I have read the ethical rules of XXXX set out in the document entitled "Principles of Ethical Conduct in Business".I acknowledge that I have fully understood them and agree to comply with them at all times. Signature: SignedDate Please complete this letter and return it to the Human Resources department.
الرد من العميل
What is your view following reading my Actual Letter of Assignment.Best Regrards,S Jay
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Welcome again
Your last query has been reviewed, and as we explained to you in the last answer. You can refer to it for detail
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You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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