إسأل Attorney الآن
Mohammad Abd Alrazeq
Attorney
الأسئلة المجابة 27510 | نسبة الرضا 98.6%
Lawyer
I signed the employment contract but do not want...
I signed the employment contract but do not want to join in kuwait
إطرح سؤالك
إجابة الخبير: Mohammad Abd Alrazeq
Mohammad Abd Alrazeq
Attorney
الأسئلة المجابة 27510 | نسبة الرضا 98.6%
We would like to inform you that if you signed a work contract in Kuwait, but you do not want to work according to this contract, you must abide by the terms of the contract that you signed with the employer, and you must refer to the terms of the work contract to indicate the procedures that you must take to cancel the work contract
However, if the contract is for an indefinite period, each of the two parties may terminate it after notifying the other party in writing.
The announcement shall be made at least fifteen days before the termination of the contract in the case of workers appointed with a monthly wage. But if the contract is for a fixed period and one of the parties has canceled it without the terms of the contract being dealt with, then the party that breaks the contract will compensate the other party for the damage he suffered.
- This is according to the provisions of the Labor Law, which states:
Article 12
The appointment of the worker shall be by virtue of a contract - written or verbal - indicating in particular the date of appointment, the amount of the wage, the term of the contract - if it is of limited duration - and the nature of the work.
If the contract is orally, the worker or the employer may prove his right by all means of proof.
Article 53
If the contract is unlimited, each of the parties may terminate it after announcing the other party in writing, and the announcement shall be as follows:
A- At least fifteen days prior to the termination of the contract in the case of workers appointed with a monthly wage.
B- At least seven days before the contract is terminated in the case of other workers. The party who annulled the contract may pay a notification fee to the second party equal to the worker’s wage for the period specified for the announcement in Paragraph (a) and (b) of this Article.
But if the contract is for a limited period and one of the parties has canceled it without the terms of the contract that deal with that the party that rescinded the contract will compensate the other party for the damage he has suffered.
If this termination is on the part of the employer and for reasons other than those stipulated in Article 55, then he is obligated to compensate for the harm that the worker has suffered, taking into account the current custom, the nature of the work, the duration of the contract, and in general all the cases in which the occurrence of the damage is achieved and its extent is determined, provided that the amount of compensation does not in any case exceed what is equal to the remaining wage for the remaining period of the contract.
However, if the termination is on the worker's side and for other than the reasons mentioned in Article 57, then the worker is obligated to compensate the employer for the loss he suffered as a result of the termination of the contract.
إسأل Attorney
Mohammad Abd Alrazeq
Attorney
الأسئلة المجابة 27510 | نسبة الرضا 98.6%
- 100% ضمان الرضا
- انضم الى 8 مليون من العملاء الراضين
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