إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
For this time we problem in my work place so sir...
For this time we problem in my work place so sir its OK to ask reliese even my contract is not finish
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Khaitan kuwait
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No
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إجابة الخبير: 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
Nothing sir
الرد من العميل
Only that is my question sir
إجابة الخبير: 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 contractors shall comply with the work contract and they shall not violate it. If the employer violates the work contract, then you can file a complaint to the Manpower Office, if they can’t solve it then it will be referred to the court to get decision about that. Note that the labor rights are for the worker, and the employer shall pay fully if he violates the work rules.
Article (48)
The worker shall have the right to terminate his work contract without notification and shall be entitled to his end of service benefit in any of the following cases:
a- If the employer does not abide by the terms of the contract or the provisions of the law;
b- If the worker was assaulted by or by provocation from either the employer or his deputy;
c- If continuing work will endanger his safety and health pursuant to the decision of the medical arbitration committee at the Ministry of Health.
d- If the employer or his deputy committed an act of cheating or fraud with regard to work conditions upon signing the contract.
e- If the employer has accused the worker of committing a punishable act and the final verdict acquitted him.
f- If the employer or his deputy commits an act that violates public morals against the worker.
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 (124)
In the event of collective disputes, the involved parties shall resort to direct negotiations between he employer or his representative and workers or their representative. The competent ministry shall delegate a representative to attend the negotiation as controller.
In the event where an agreement is reached among them, the agreement shall be registered at the competent ministry within 15 days in accordance with the regulations issued in a resolution of the Minister.
Article (125)
Either party to the dispute may submit to the competent ministry a request to settle the dispute amicably through the Collective Work Disputes Reconciliation Committee established by a decision of the Minister, in the event where direct negotiation fails to lead to a solution.
The request shall be signed by the employer or his authorized representative, or the majority of the disputing workers or their authorized representatives.
Article (126)
The Work Disputes Reconciliation Committee shall consist of the following:
a- Two representatives designated by the syndicate or the disputing workers.
b- Two representatives designated by the employer or the disputing employers.
c- The chairman of the committee and representatives from the competent ministry appointed by the competent Minister by a resolution that shall also specify the number of representatives of the disputing parties.
The Committee shall consider the opinion of any person it deems useful for the accomplishment of its mission. In all the preceding stages, the competent ministry can request all information necessary to settle the dispute.
Article (127)
The Reconciliation Committee shall hear the dispute within one month after the submittal of the application. In the event where it is able to settle the dispute, wholly or partially, it shall register the settlement reached by both parties in minutes of proceedings made out in three copies signed by the attendants. The settlement shall be considered final and biding upon both parties. In the event where the Reconciliation Committee is unable to settle the dispute within a specific period of time, it shall refer the dispute or the unsettled part thereof, within a week after its last meeting, to the Arbitration Panel along with all documents.
Article (128)
The Arbitration Panel shall, in the event of collective work disputes, be formed as follows:
a- A circuit of the Court of Appeal established annually by the general assembly for this court;
b- A chief prosecutor delegated by the Attorney General.
c- A representative from the competent ministry appointed by the Minister. The disputing parties or their legal representatives shall appear before the Panel.
Article (129)
The Arbitration Panel shall hear the dispute within 20 days from the date of submittal of the documents to the Clerks Department. Both disputing parties shall be notified of the date of the session at least one week earlier. The dispute shall be settled within three months after the date of the first session.
Article (48)
The worker shall have the right to terminate his work contract without notification and shall be entitled to his end of service benefit in any of the following cases:
a- If the employer does not abide by the terms of the contract or the provisions of the law;
b- If the worker was assaulted by or by provocation from either the employer or his deputy;
c- If continuing work will endanger his safety and health pursuant to the decision of the medical arbitration committee at the Ministry of Health.
d- If the employer or his deputy committed an act of cheating or fraud with regard to work conditions upon signing the contract.
e- If the employer has accused the worker of committing a punishable act and the final verdict acquitted him.
f- If the employer or his deputy commits an act that violates public morals against the worker.
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 (124)
In the event of collective disputes, the involved parties shall resort to direct negotiations between he employer or his representative and workers or their representative. The competent ministry shall delegate a representative to attend the negotiation as controller.
In the event where an agreement is reached among them, the agreement shall be registered at the competent ministry within 15 days in accordance with the regulations issued in a resolution of the Minister.
Article (125)
Either party to the dispute may submit to the competent ministry a request to settle the dispute amicably through the Collective Work Disputes Reconciliation Committee established by a decision of the Minister, in the event where direct negotiation fails to lead to a solution.
The request shall be signed by the employer or his authorized representative, or the majority of the disputing workers or their authorized representatives.
Article (126)
The Work Disputes Reconciliation Committee shall consist of the following:
a- Two representatives designated by the syndicate or the disputing workers.
b- Two representatives designated by the employer or the disputing employers.
c- The chairman of the committee and representatives from the competent ministry appointed by the competent Minister by a resolution that shall also specify the number of representatives of the disputing parties.
The Committee shall consider the opinion of any person it deems useful for the accomplishment of its mission. In all the preceding stages, the competent ministry can request all information necessary to settle the dispute.
Article (127)
The Reconciliation Committee shall hear the dispute within one month after the submittal of the application. In the event where it is able to settle the dispute, wholly or partially, it shall register the settlement reached by both parties in minutes of proceedings made out in three copies signed by the attendants. The settlement shall be considered final and biding upon both parties. In the event where the Reconciliation Committee is unable to settle the dispute within a specific period of time, it shall refer the dispute or the unsettled part thereof, within a week after its last meeting, to the Arbitration Panel along with all documents.
Article (128)
The Arbitration Panel shall, in the event of collective work disputes, be formed as follows:
a- A circuit of the Court of Appeal established annually by the general assembly for this court;
b- A chief prosecutor delegated by the Attorney General.
c- A representative from the competent ministry appointed by the Minister. The disputing parties or their legal representatives shall appear before the Panel.
Article (129)
The Arbitration Panel shall hear the dispute within 20 days from the date of submittal of the documents to the Clerks Department. Both disputing parties shall be notified of the date of the session at least one week earlier. The dispute shall be settled within three months after the date of the first session.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
- 100% ضمان الرضا
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