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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Hello, I am Rijo Rajan and currently working as a...

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Hello, I am Rijo Rajan and currently working as a Restaurant Manager and i am in kuwait since July 2019 and recently I came to notice that i was having a visa of a waiter and my education qualification is shown highschool in my ezneamal papaer(actually i am a MBA). Seeing this i spoke to the people and came to know that majority are working like this only. Later i decided to resign and i have already completed 43 days of my 3 months notice period and suddenly my company is telling me to take a local vacation and sit at home (I have around 40 vacations and pending public holiday leave and overtimes), they want me to forcefully finish all the leaves and then go back to India so that they can save money. Even during lockdown they dedicted our salaries even when we were working and made us forcefully sign the contribution sheets after forcefully deducting our salaries. Is it legal from the companies part? What can i do?

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

If you are an expatriate in Kuwait and work under a work visa with a scientific qualification later here, note that according to the Labor Law that the employer can terminate the work in accordance with legal rules and he can force you to leave if you are on their sponsorship, they may also give you the no-objection to transfer the bail where the text of your work law
the termination without legal reason is arbitrary dismissal and the employer has to pay compensation and end of services benefits if the worker worked for more than a year, if you worked for less than a year then you will get only compensation.
For the termination during the probation period, according to the law, the employer is entitled to ask for compensation. If you applied for resignation and applied the notice period that mentioned in the law, then you can leave the work and get benefits at least after 10 days.
For termination and cancellation, below article states:
Article (44)
In the event where the term of the work contract is not specified, both parties shall have the right to terminate the same by means of a notice to the other party as follows:
a- Three months prior to the termination of the contract for the workers earning a monthly remuneration.
b- One month prior to the termination of the contract for other workers.
In the event where the party wishing to terminate the contract does not abide by the period of notice, he shall be obliged to pay the other party a compensation for the notification period equal to the remuneration of the worker for the same period.
c- In the event where the notification of termination is issued by the employer, the worker shall have the right to be absent one day or 8 hours per week in order to search for other work. He shall also be entitled to his remuneration for the day or hours of absence.
The worker shall decide on the day or hours of absence and shall notify the employer at least one day prior to such absence.
d- The employer may exempt the employee from work during the period of notification while but shall count such period within the worker’s period of service. The employer shall pay the worker all his entitlements and remuneration for the period of notification.
We would like to inform you that according to the Kuwaiti Labor Law states the below:
Article (56)
Remunerations are paid during the working days in the country’s currency, as follows:
a- Workers with a monthly remuneration shall receive their remunerations at least once a month.
b- Other workers shall receive their remunerations at least once every two weeks.
Payment of remunerations shall not be delayed for more than seven days after the due date thereof.
Therefore, you can go to the labor office and file a complaint and attach the bank statement to show the last deposit, so they force the employer to pay.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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