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We would like to inform you that according to the KWT Labor Law in the private sector, the law explained the cases in which the employer can terminate the worker with the demand of compensation as in article (41) taking article (37) into account which states:
Article (41)
Subject to the provisions of Article (37) of this Law:
a- The employer may terminate the services of a worker without notice, compensation or benefit in the event where the worker has committed any of the following acts:
1- If the Worker has committed a mistake that resulted in a large loss for the employer.
2- If it was found that the worker obtained employment through cheating or fraud.
3- If the worker divulged secrets related to the establishment which caused or would have caused real losses.
b- The employer may dismiss the worker in any of the following events:
1- If he been found guilty of a crime that relates to honor, trust or morals.
2- If he committed an act against public morals at the work site.
3- If he assaulted one of his colleagues, his employer or deputy during work or for a reason thereof.
4- If he breached or failed to abide by any of the obligations imposed on him by the contract and the provisions of this Law.
5- If he is found to have repeatedly violated the instructions of the employer.
In such events, the decision of dismissal shall not result in the deprivation of the worker of his end of service benefit
c- The employee who is dismissed for any of the reasons stated in this article shall have the right to object to such decision before the competent labor department in accordance with the procedure set forth in this Law. If it is established, by virtue of the final verdict, that the employer arbitrarily dismissed his worker, the latter shall be entitled to an end of service benefit and a compensation for material and moral damages.
In all cases, the employer shall inform the Ministry about his decision to dismiss and the reasons for such decision and the Ministry shall inform the Manpower Restructuring Team.
*** 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.