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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Lawyer
Hi good evning im working in a cosulting office as...
Hi good evning im working in a cosulting office as an architect drowftsman from last 10 years but now i want leave cuse i get a good job with a good salary so how can i good with my 10 years service
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إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We would like to inform you that the employer's failure to give you the end of service bonus, and his failure to bear the expenses of your return to a country is considered a violation of the provisions of the law, so we recommend you to file a case against him at the labor office via the following link:
Public Authority for Manpower (manpower.gov.kw)
Or filing a lawsuit, and this lawsuit is exempt from fees.
Following are the provisions of the Kuwaiti Labor Law related to your inquiry:
Article 10:
The employer is banned to employ foreign labour force unless they are duly authorized by the Competent Authority to work for him. The Minister shall issue a decision on the rules, documents and fees to be charged from the employer. In case of refusal, the refusal decision shall be reasonable.
Furthermore, the refusal decision shall not be relevant to the capital amount, otherwise thedecision shall be entirely null as if it isnot issued. An employer shall not recruit labourers from outside the country or ap- point labourers from inside the country without making country or appoint labourers from inside the country without making them to work for him.
If it is evident that he is not actually in need of those labourers, in this case, the employer shall bear the expenses for returning the labourer to his countryIf the worker abandons coming to his work and worked for another employer, the employer shall be obliged to return the employer back to his home country, upon registering an absconding notice against the worker by his main sponsor.
Article 51:
The labourer shall have the right to the terminal service indemnity as per the following manner:
a) A ten days wage, for every one year of service of the first five years and fifteen (15) days wage for every one year of service for the following years, provided that the total indemnity shall not exceed a year wage, with regard to the labourers who receive their wages per day, week, piece or per hour.
b) A fifteen-day-wage for every one year of service of the first five years, and one month salary for very year of the following years, provided that the total indemnity shall not exceed one and a half year wage, with regard to monthly paid labourers.
A labourer shall be entitled to the terminal service indemnity for any part
of the year in proportion to the period of service he spent in the work. The amount of any debts or loans which may be due from the labourer shall be deducted from the terminal service indemnity In this connection, the provisions of the Social Security Law shall be applicable, provided that the employer shall be obliged to pay the net difference between the amounts he affords against the labourer's subscription in the Social Security and the due amounts for the labourer against the terminal service indemnity.
Article 144:
Upon denial, the actions filed by the labourers under the provisions of this law, after the lapse of one year from the employment contract expiry date shall not be heard. The provisions of Clause (2) of Article (442) of the "Civil Code shall be applicable to denial. The actions filed by labourers or their beneficiaries shall be exempted from the judicial fees. However, the court- upon rejecting such actions -may bind the party who files the case to pay all or part of the expenses. Labour cases shall be looked into forthwith on prompt summary basis.
إسأل Attorney
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
- 100% ضمان الرضا
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