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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

hello good afternoon..!!!!i want to know something...

تم تقييم هذه الإجابة:
hello good afternoon..!!!!i want to know something regarding my release

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إجابة الخبير: Waleed Al-Helo

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

Actually I’m working in kuwait for a company for past 5 years without any legal issues. Right now my residency is gonna expired in month of August of this year so before 3 months I gave them my resignation letter with my offer letter and I requested release ..but they keep saying that they have no enough people to run the company and they can’t approve my release . They don’t even give us a service money or paid vacation .. and for 5 years still my salary is 130KD.how can I get my release as per the kuwait labor law ?

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.

الرد من العميل

So to complaint about this do I want to how with a lawyer or else can u go alone by talking my employee file ?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Labor complaints are within the jurisdiction of the labor office, and you do not need a lawyer. You need a lawyer in case the labor office is unable to end the labor dispute and refer the complaint to the court in general, and if you have any other purpose, you can clarify.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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