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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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I am terminated from 1st employer after I was join...

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I am terminated from 1st employer after I was join another company on release. This 2nd employer renewed my ikama for 1yr but . Now I want to resign this company still now I am in probation period.

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الرد من العميل

Now I am leaving in kuwait

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 Kuwaiti Labor Law, this is legal violation so you have to file a complaint in the labor office to claim for compensation as below articles state:
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.
Article (47)
If the contract of employment is fixed term and one of its parties terminated it without a right, it undertakes to compensate the other party for the damage he suffered, provided that the amount of the compensation does not exceed the equivalent of the wage of the worker for the remaining period of the contract The nature of the work, the nature of the work, the duration of the contract and, in general, all considerations affecting the damage in terms of its existence and extent shall be taken into account in determining the damage to the parties to the contract, and the amount of compensation that may be due to the other party shall be deducted from the amount of the debt.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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