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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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I would like to ask about the termination of our...

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I would like to ask about the termination of our employer due to this pandemic. Should we receive any payments from the employer because they have terminated us even if we have just work for almost 4 months only? It should be considered as retrenchment right?

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I would like to ask about the termination of our employer due to this pandemic. Should we receive any payments from the employer because they have terminated us even if we have just work for almost 4 months only? It should be considered as retrenchment right?

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 this is violation against the law so the company has to pay according to the agreement or you have to file a complaint in the labor office as below articles states:
Article (44)
In the event where the term of the work contract is not specified, both parties shall have the right to terminate the same by means of a notice to the other party as follows:
a- Three months prior to the termination of the contract for the workers earning a monthly remuneration.
b- One month prior to the termination of the contract for other workers.
In the event where the party wishing to terminate the contract does not abide by the period of notice, he shall be obliged to pay the other party a compensation for the notification period equal to the remuneration of the worker for the same period.
c- In the event where the notification of termination is issued by the employer, the worker shall have the right to be absent one day or 8 hours per week in order to search for other work. He shall also be entitled to his remuneration for the day or hours of absence.
The worker shall decide on the day or hours of absence and shall notify the employer at least one day prior to such absence.
d- The employer may exempt the employee from work during the period of notification while but shall count such period within the worker’s period of service. The employer shall pay the worker all his entitlements and remuneration for the period of notification.
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 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.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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