I have noticed in the past few weeks, two issues with employees that kept repeating themselves! So in order for this to be beneficial to others dealing with the similar situation I decided to post about them.
1) I submitted my resignation and it was accepted verbally, I was also told that I do not need to attend work for the rest of my notice period, therefore I didn’t. Now there is a case against me for absconding from work, what do I do?
First is first guys!
-Any communication with your company should be in writing. Even if you trust them they should understand why you would require it in writing.
– If you are emailing something to your company and you think you might need that email in the future to prove something (example your resignation letter or your acceptance to resign) and you are using a work email, email it to yourself. BCC your private email always with your personal matters, you never know when all your work emails will get deleted.
– If you attend a meeting and you end up discussing everything verbally, you can send the attendees an email after the meeting to have things documented. Name your email “Minutes of meeting” and write in it a recap of the meeting and what the attendees agreed on.
So those are the precautions but what do you when there is a case against you?
Get a lawyer! You need to at this point.
FYI: Your holiday can’t be deducted from your notice period, because they told you not to show up.
2) My company isn’t doing well, so I was laid off. They said they can’t give me my termination indemnity because they don’t have it. Do they have the right to withhold my indemnity because of bankruptcy?
No. I repeat NO. They are broke? Still the answer is no. They are going to court? Still the answer is no They are going up in flames because of a giant dragon? NO. You have the right to get your termination indemnity.
Got it? Ok? OKAY? Yeah? Good.
Feel free to email me [email protected] with any legal questions. I do not have the capacity to answer everyone for free (but I try), and I am happy to announce that I am currently working with a great team and therefore we are able to reply back to all emails with a reasonable time frame.
Post by Fajer Ahmed – Legal Counsel
The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on mark248am1.wpenginepowered.com are those of the individual’s and in no way reflect Fajer’s opinion.
17 replies on “Kuwait Law: Labour Law Issues”
Also a LOT of the time what your boss, his boss, and his boss decide with you in private is overwritten by HR anyway
This isn’t just when leaving, just something you see in big companies. I’ve seen plenty of people leave early with their manager’s approval then HR finding out and reversing the decision.
They are going up in flames because of a giant dragon? NO !!! ROFL !! Cheers Fajer Ahmed !!
What ‘West’ said^
My sides are hurting bad.
I submitted my letter to notify my employer not to renew my contract but within the notice period and I indicated that am ready to work for the three months but they told verbally me not to work for the three months i requested it in writing but they refused and they asked me to waive the three months with fear to lose my service pay I refused to waive they gave me papers to sign which state that I accepted that I was paid my dues yet I had not received I also refused to sign. In case I file a complaint against them can they file an absconding case against me because am not attending to duty but I am in company accommodation and they held my one month salary
Okay, so I have been an employee here in Kuwait and am now an employer. I have experienced bringing an employee to Kuwait obtain residency for him only to have them use the 90 day loophole so that they can transfer to another company. As an employer, I have been screwed over before like this. I know that many companies are evil when it comes to their employment and recruitment practices. It really bothers me that small business like myself end up paying the price. It can be pretty scary for an employer here at times.
Which rule are you referring to? The 90-day rule applies only if he/ she came to you on a local transfer. If they were hired from outside the country, there is no way they can transfer to a new company and will have to go back to their original country.
I guess I need to get me a good lawyer.@fajer How much are your retainer fees?
it depends on the services required and the size of the company, please email me for further details.
Even if the employee was not a Local Hire/transfer,
The 90 day notice period also applies if you are kind enough to release the employee to work with another company.
The employee does not have to be sent back to their original country unless working on government visa.
Pic courtesy https://www.howamericasaves.com/in-the-news/coalition-to-protect-retirement-sends-letter-to-senators-encouraging-preservation-of-the-current-tax-treatment-of-retirement-plans#more-‘
I know its a bit weird but its a part of my job 😉
Hi Fajer,
How long does it take for justice to be actually served in the Labour Courts ?
My company fired 5 different people without proper reason and screwed them over on the final settlement.
These 5 people have put a case against the company and it’s been almost 2 years since then.
Any comments ?
Are you sure Fajer is a lawyer? Her answers are clear, concise, and actually answered the question. Very un-lawyerlike.
that is the nicest thing any man has said to me. I thank you kindly.
Dear Sir,
I resigned my company and company asked me to leave the same day these all happen in mail communication and now they are not giving 3 months notice period amount and saying that those all mails are false mails and i hacked the mail server and did the mail communication like that they are saying.
Please help me how can i prove that they sent the mails to leave the company .
Please help me sir.
Regards,
Sriram.
Hello
I have a question regarding absconding case
The place I am currently working right now
My residency is over and have been for a month now
I am transferring my residency to another company
Cause I want to work somewhere else
And not renew where I am currently at
Can they file a absconding case against me
And what’s my time limit to transfer
gus evening sir i just want to ask my company filed absconding case on me and they say that its over 90 days the case is already pass ti the police and they cannot do anything about it, now i have a new company which is the reason why they filed case on me because this new company did not transfer my visa and now my visa is expired, they told me to file a compain in shoon so that they can removed my absconding case and they can pay the penalty and transfer my visa, my problem sir is i want know how many months this process in shoon to cancel my absconding case and will i get my remaining salary from my previous company if ever the case is finish thank you very much i hope you can help me because im very hopeless now and nobody want to help me by the way sir im visa 18 and i am hired from my country thank you
i am from nepal and already change my company this is my second company and i finished 2.6 years also the company refuse to release. what can i do in this case?