إسأل Attorney الآن

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

Can i seek for legal advice for free?

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Can i seek for legal advice for free?

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Kindly, could you clarify your question in details so we could help you legally better with pleasure.

الرد من العميل

Im currently working in a hotel company ,, and since the corona outbreak my company is finding ways to reduce expenses.. They are forcing employees to sign a waiver to allow the company to cut salaries.. If they refuse they will end up like me ,, just got a notice of termination for insubordination and violating company policy as written there effective immediately .. Does my company have the full rights to do this to me?

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 if you are an expat in Kuwait and you have valid license till 2024, then if there is no work in the company then that will not affect on you. according to the Expat Residence Law as long as the work visa is valid, then the employer can’t terminate you and that will considered arbitrary dismissal and the employer shall pay compensation for you according to the below article:
Article (47)
In the event where the term of the work contract is specified and the contract was unrightfully terminated by either party, the terminating party shall compensate the other party for damage provided that the amount of the compensation shall not exceed the remuneration of the worker for the remaining period of the contract The damage suffered by the parties shall be determined according to trade custom, the nature of the work, the duration of the contract and in general all considerations that may have an effect on the damage with regard to its existence and extent. All debts due to the other party shall be deducted from the value of the compensation.
If you mean another thing, then clarify in details and we will answer with pleasure.

الرد من العميل

Kindly pls explain in simpler way .. i have valid working till 2021 It was recently renewed last november 2019.. but i have been employed since 2016 ,, my company is just renewing my visa and civil id every 2 years .. they are keeping my passport too which i know is another violated right in my part..

الرد من العميل

There was two different termination paper that was presented to me by the hr personnel one stating i violated company policy and insubordination ( which i assume caused by my refusal to sign the waiver permitting them to cut my salary ) the other one is stating my service is no longer needed and i was given a three month grace period effective till august 2020.. are any of these termination paper can affect me in any way which i didnt acknowledge

الرد من العميل

My company didnt allow me to take the company bus to go back home After the heat discussion concerning my termination (That same bus i used going to hotel hr office when they called me on the phone earlier today to report to them)considering i dont have much time and no other means to return home because of the implementation of the total lockdown.. can i file a complaint against them for endangering my safety too?

الرد من العميل

Are u still there ?

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

It is clear from your inquiry that you are being persecuted by the employer, as it is not permissible for him to book your passport at all, as it is not permissible to endanger your life and we advise you to immediately register a labor complaint with the Labor Office via the following link: General Authority for Manpower

الرد من العميل

If i file a complaint do i have a chance to win my dispute against them since it is a strong company with wide connections in the ministry and owned by influencial family name .. I am threatend by this factors,, in addition to this since the corona outbreak i am financially incapable to pay for judiciary expenses .. is there any private or government sectors provide free services to help people like me?

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

The beginning of labor cases is free and does not require any fees. As for the influence of employers, this does not apply to the judiciary, as the judiciary is independent, so you have to file a complaint against the company and to obtain your rights

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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