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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

I was terminated for redundancy on april 9th...

تم تقييم هذه الإجابة:
I was terminated for redundancy on april 9th during the covid declared holiday. My contract has a bonus requirement of 40 percent of my base salary which is kd24,000 and the company said they will not pay it due to cost cutting and redundancy. I was paid the 3 month notice. I was given a termination letter for redundancy. I believe they owe me my bonus and want to settle this amicably. I am an expatriate and will be leaving the country. The company has put me in financial headship.
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
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No

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الرد من العميل

I need this to be in English

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

We would like to inform you that هt is not possible to terminate the contract of employment without reason, and this is illegal, and if the employer terminated the limited employment contract before the end of its term, he shall pay compensation to the worker that shall not exceed the remaining period of the contract.
If the employer refuses to pay the worker’s dues, the worker may file a complaint at the Manpower Authority against the employer.
Here is the text of the Kuwaiti Labor Law, concerning your inquiry:
Article (47)
If the contract of employment is fixed term and one of its parties terminated it without a right, it undertakes to 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 nature of the work, the duration of the contract and, in general, all considerations affecting the damage in terms of its existence and extent shall be taken into account in determining the damage to the parties to the contract, and the amount of compensation that may be due to the other party shall be deducted from the amount of the debt.

الرد من العميل

my employment agreement was open ended

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they paid my 3 months

الرد من العميل

I was terminated due to redundancy

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they requested I resign but I didn't so I got a termination letter for redundancy

الرد من العميل

my contract stipulates a bonus

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they did not pay my bonus

الرد من العميل

the bank did pay everyone else's bonuses and they did pay bonuses to the shareholders

الرد من العميل

they have caused me great financial hardship

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they owe me my bonus of KD24,000

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i also have a KD20,000 they are forcing me to settle

الرد من العميل

they are also promoting someone into my old role that they terminated me from

الرد من العميل

i believe they owe me my bonus and i am losing the money on my cars - it is haram what they have done to me

الرد من العميل

what can I will go back to the USA in 3 months because there are no jobs in Kuwait

الرد من العميل

your advice on how to proceed is appreciated

الرد من العميل

my contract is open ended

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If the employer refuses to pay the worker’s dues, the worker may file a complaint at the Manpower Authority against the employer.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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