إسأل Attorney الآن
Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.6%
Lawyer
Good day! I just want to ask if there is possib...
Good day! I just want to ask if there is possibility that I can get a release from my company? I came here in kuwait to work in trolley last October 2017 and Its a 2 years contract. My company asked me to report last week and let me signed a non renewal but they didnt tell me the reason of terminating my contract and told me that they will send me back to Philippines...I find it too unfair because I was being treated like I am not working well...I am leaving with my sister from the beginning of my contract and my company didnt even give me housing or transpo allowance bcoz they said its my own decision that i leave out so I bear with it...now I never commit anything against the company and they just decided not to renew my contract....what will I do sir? I hope you can help me..
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I am located in salmiya kuwait and i was assigned in abu halifa...like 22 km away from my place
Lawyer's Assistant: Has anything been filed or reported?
Regarding what matter mam?
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
إطرح سؤالك
إجابة الخبير: Fatima Abd El-Wahhab
Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.9%
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.
the employee is entitled to end of service benefits as follows:
(A) Ten days for each service year of the first five years and fifteen days for each of the following years, so that the remuneration shall not exceed one year's remuneration for workers who are paid on a daily, weekly, hourly or piece-by-day basis.
B- Fifteen days for each of the first five years and one month for each of the following years, so that the total remuneration shall not exceed one and a half years' wages for the workers who receive their wages during the month.
The worker shall be entitled to a reward for the fractions of the year by the amount of his severance pay and the severance pay payable to the worker shall be deducted from the value of the debts or loans that may be incurred.
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.
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:
a) If the employer does not abide by the provisions of the contract and the law.
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
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
.
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.
the employee is entitled to end of service benefits as follows:
(A) Ten days for each service year of the first five years and fifteen days for each of the following years, so that the remuneration shall not exceed one year's remuneration for workers who are paid on a daily, weekly, hourly or piece-by-day basis.
B- Fifteen days for each of the first five years and one month for each of the following years, so that the total remuneration shall not exceed one and a half years' wages for the workers who receive their wages during the month.
The worker shall be entitled to a reward for the fractions of the year by the amount of his severance pay and the severance pay payable to the worker shall be deducted from the value of the debts or loans that may be incurred.
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.
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:
a) If the employer does not abide by the provisions of the contract and the law.
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
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
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Kind Regards,
.
إسأل Attorney
Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.6%
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