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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Good morning sir, thank you for giving me search...

تم تقييم هذه الإجابة:
Good morning sir, thank you for giving me search opportunity to share my view to you, please we are 15 person working under contract in our company and our basic salary is 100kd but due to some circumstances our company contract has been completed and we have work with only seven months, please we signed the contract for two years but now the HR said he is transferring us to new company but he will not give us 100kd as basic salary again because he will deducted 10kd from the basic salary for 36 months.but we don't agree with him so please we need your advice and help, please help us thank you very much.my name is Evans Annor
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Mangaf
Lawyer's Assistant: Has anything been filed or reported?
No sir
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Yes,we want to know if there is any indemnity fine for us, and how much will it be.

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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, end of service bonus is calculated as the following:
Article (51)
The worker shall be entitled to an end of service benefit as follows:
a- The worker shall be entitled to a 10 days remuneration for each of the first five years of service and a 15 days remuneration for each year thereafter. The total of the end of service benefit shall not exceed one-year remuneration for employees who are paid on daily, weekly, hourly or piecework basis.
b- The worker shall be entitled to a 15 days remuneration for each of the first five years of service and one month remuneration for every year thereafter. The total of the end of service benefit should not exceed one and a half year remuneration for employees who are paid on a monthly basis.
The worker shall be entitled to a benefit for the fraction of the year in proportion to the period of service. Loans and credits owed by the worker shall be deducted from the end of services benefit.
The provisions of the Social Security Law shall be taken into consideration in this regard, and the employer shall pay the net difference between the amounts accrued due to the subscription of the worker in the social security and to the end of service benefit
Article (52)
Subject to the provisions of Article 45 of this Law, the worker shall be entitled to the entire end of service benefits stated in the preceding Article as follows:
a- If the employer terminates the contract;
b- If the duration of the contract expired without being renewed.
c- If the contract was terminated in accordance with Articles 48, 49 and 50 of this Law.
d- If the female worker terminates the contract as a result of her marriage within a year after the date of marriage.
Article (53)
The worker shall be entitled to half of the end of service benefits stipulated in Article 51 in the event where he terminates the work contract which has an indefinite term and the period of service reaches not less than three years and not more than five years. In the event where the period of service reaches five years and less than 10 years, the worker shall be entitled to two thirds of the benefit and if the period of service exceeds 10 years, the worker shall be entitled to his entire benefit.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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