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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

Lawyer

Hello.

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Hello.
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Located in Kuwait
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I have query about annual leave salary how can we calculate or pay employee annual leave salary.
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الرد من العميل

Could you please assist how can I calculate end of service for employees.

إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

Dear Customer,                                                        

Thanks for joining and trusting us, much appreciated!

 

 the Kuwait Labor Law which stipulates that:

 Law No. 6 of 2010, as amended by the National Labor Law No. 85 of 2017

 

Article (68)

The fully-paid official holidays are as follows:

a-      Hegeira New Year: 1 day

b-      Isra’ and Mi’raj day: 1 day

c-       Eid Al-Fitr: 3 days

d-      Waqfat Arafat: 1 day

e-      Eid Al-Adha: 3 days

f-       Prophet’s Birthday (Al-Mawlid Al-Nabawi): 1 day

g-      National Day: 1 day

h-      Gregorian New Year: 1 day

 

In the event where the worker is required to work during any of the above mentioned holidays, he shall be entitled to a double remuneration and an additional day off.

 

Article (69)

Subject to the provisions of Article (24) of this Law, the worker shall be entitled to the following sick leaves during the year:

 

–          15 days – at full pay

–          10 days – at three quarters of the pay

–          10 days – at half pay

–          10 days – at quarter pay

–          30 days without pay.

 

The worker shall provide a medical report from the doctor appointed by the employer or the doctor of the government medical center.  In the event of conflict regarding the necessity of a sick leave or its duration, the report of the government doctor shall be adopted.

Incurable diseases shall be excluded pursuant to a resolution issued by the competent minister, in which he shall specify the types of incurable diseases.

 

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. 

If you have another question, feel free to ask us and we will answer with pleasure.

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Kind Regards,

إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

 

Dear Customer,

Thanks for joining and trusting us, much appreciated! We welcome you to join us and to join us in the legal section

 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.

If you have another question, feel free to ask us and we will answer with pleasure

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 Attorney

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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