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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hi im from kuwait working as a HR in private...

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Hi im from kuwait working as a HR in private sectorMy question is Employees going on vacation and not coming back on time and extending the leave more than 4 months without any information to company or valid excuses. In this case, is he eligible for Indemnity??
Lawyer's Assistant: Where are you located? It matters because laws vary by location
kuwait
Lawyer's Assistant: Has anything been filed or reported?
No not yet he return back and he have done the residency transfer to the other company.
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No I want to know the Article number for absconded employee indemnity details

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Kuwaiti Labor Law governing the nature of the contractual relationship, in case of travel and non-return to work after the end of the leave, the employer and the disclaimer shall have the right to report the escape to you, which results in the ban, but this shall not be considered as a reason for depriving the worker from requesting his labor rights.
Article 41
Subject to the provisions of Article (37) of this Law
(A) An employer may dismiss a worker without notice, compensation or remuneration if the worker commits one of the following acts:
· If the worker commits an error that results in a serious loss to the employer.
· If the worker is found to have been employed as a result of fraud or fraud.
· If the worker divulges the secrets of the facility causing or would cause a loss.
B) The employer may dismiss the worker in one of the following cases:
· If he is finally convicted of a serious crime of honor, honesty or morality.
· If he commits a violation of public morals in the workplace.
· If there is an assault on one of his colleagues or the employer or his representative during or because of work.
· If it breaches or defaults in any of its obligations under the terms of the contract and the provisions of this law.
· If he / she is found to have repeatedly violated the employer's instructions.
In such cases, the dismissal does not entail the denial of the end of service indemnity.
(C) A worker who is dismissed for one of the cases mentioned in this article shall have the right to appeal the dismissal decision before the competent labor department in accordance with the procedures stipulated in this law. If, by virtue of a final judgment, the employer is entitled to challenge the employer, And literary.
In all cases, the employer shall notify the Ministry of the dismissal decision and the reasons thereof, and the Ministry shall inform the restructuring apparatus of the workforce.
Article 45
An employer shall not use the right to terminate the contract entrusted to him under the preceding article while the worker enjoys a leave from the leaves stipulated in this law.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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