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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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if my working company terminate me what benefits...

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if my working company terminate me what benefits can i get in kuwait

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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, the worker is entitled to the below end of services benefits:
Article (47)
If the contract of employment fixed term and one of the parties to end it without a right to commit to compensate the other party for the injury The damage shall not exceed the amount of compensation equal to the wages of the worker for the remaining period of the contract. The damage to the parties to the current custom, the nature of the work, the duration of the contract and, in general, all considerations affecting the damage N terms of its existence and extent, and deducted from the amount of compensation that may be due to the other party debts.
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.
Article (54)
The worker who terminates his work contract shall be entitled to an end of service certificate from the employer stating the duration of his services, his position and the last remuneration he received. The employer shall not have the right to include, explicitly or implicitly, any expressions that may harm the employee or limit his employment prospects. The employer shall return to the worker all the documents, certificates or tools delivered to him by the employee.
That besides the leave allowance which is calculated according to the period of work, as the below article states:
Article (70)
The worker shall be entitled to a 30-day paid annual leave. However, the worker shall not be entitled to a leave for the first year of work except after at least 9 months of service for the employer. Official holidays and sick leaves during the year shall not be counted as annual leave. The worker shall be entitled to a leave for the fractions year in proportion with the period he spent in actual service, even the first year of service.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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