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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Please, i working in my company for 3 years and 7...

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Please, i working in my company for 3 years and 7 months. Since February my started to reduced my salary for 50 percent and no housing allowance. Which since I joined to her company i received KD1200 plus 300 housing allowance. But the said date (February) i receiving only KD 600 when I dont agreed and signing to her memorandum. She give me a 3 month notice but instead she want me to resign. Now, when she calculate my indemnity and she calculating also 50 percent which is KD 600

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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 Kuwait Labor Law regulating the nature of the contractual relationship between the worker and the sponsor's job, where the law provided for the legal protection of wages in the text of Article (56), which stipulates that wages shall be paid on one of the working days in the currency in circulation bearing in mind the following:
(A) Workers appointed with a monthly wage whose wages shall be paid at least once a month.
(B) Other workers shall be paid at least once every two weeks.
It is not permissible to delay payment of wages on the seventh day from the date of maturity. Therefore, the non-payment of wages or delay in payment is considered a legal offense that requires the employer to go to the labor office and submit the complaint and also to leave the work with the worker retaining all the rights and allowing him to change the employer without the requirement of non-objection.
Article 48 stipulates that the worker must terminate the employment contract without notice With the entitlement to end of service indemnity in any of the following circumstances:
If the employer does not comply with the provisions of the contract or the provisions of the law.
B- If he is attacked by the employer or his representative or by an instigation from either of them.
(C) If his continued employment threatens his safety or health by virtue of a decision of the Medical Arbitration Committee of the Ministry of Health.
(D) If the employer or his representative enters fraud or fraud at the time of the contract in respect of the conditions of employment.
(E) If the employer accused him of committing an act, he shall be punished and sentenced to a final conviction.
F- If the employer or his representative commits an insult to morality towards the worker.

الرد من العميل

Atty Waleed Al Helo, what the best option i have to do. in regard to my indemnity. for 2 years she make my visa thru his Brother and after two year she transferred me the her visa without informing me. Those year i could take my indemnity as well.

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 UAE Labor Law, end of services is the worker right and he can claim for it once his job is done. If the employer didn't provide it then you can file a complaint in the labor office as below articles state:
Article (132):
A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows: 1. 21 days' wage for each of the first five years of service. 2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.
Article (133):
A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.
Article (134):
Without prejudice to the provisions of laws that grant pensions or retirement benefits to employees in certain firms, severance pay shall be calculated on the basis of the wage last due for monthly, weekly and daily paid workers, and on the basis of the average daily wage referred to in Article 57 hereof for those paid on piecemeal. The wage used as a basis for calculating severance pay shall not include whatever is given to the worker in kind, housing allowance, transport allowance, travel allowance, overtime pay, representation allowance, cashier’s allowances, children education allowance, allowances for recreational and social facilities, and any other bonuses or allowances.
Article 123
1. Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
2. The provisions of the preceding paragraph shall not prejudice the worker's right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law.
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
Article (75):
A worker shall, for each year of service, be entitled to an annual leave of not less than:
1. Two days a month, where the worker’s period of service is more than six months but less than one year.
2. 30 days a year, where the worker’s period of service is more than one year.
Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
Therefore, it is possible to file a complaint at the labor office and claim through this authority. If it is not possible for this authority to help you, it is possible to resort to the court and obtain a court ruling against the employer and compel him to pay you.
If you mean something else, please clarify to help you legally.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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