Resignation - Full Indemnity

My friend worked in a company for over 17 years. He got an offer from another company, but the current company has not accepted his resignation. As per law if he is continuously absent for seven days from his job, this should be treated as a resignation and if he does that will he receive his full indemnity? And by when will he be permitted officially to change the residence from the old sponsor?

Name withheld

Answer: You should advise your friend not to play with the law or if he does he should be ready to fight his way out of the mess he could land in.

First, being absent for 7 days doesn’t solve the problem. The company could either ignore the absence, suspend him for the period of absence or even file an ‘absconding’ case against him.

An easier option would be to ‘resign with immediate effect’ and not go to the office. He could at the same time approach the Labor Office and inform them of his resignation if it is not accepted by the company. In this way he will only lose his 3-month notice pay.

After having served with a company for so long, he can’t be held back and ultimately he has to be given a release but the company may try to put obstacles in his path. He, will, however get his full indemnity.

The Arab Times invites questions on all aspects of Kuwaiti law. If you face a problem, or need specific advice on any legal matter, from commercial and investment law to divorce and labour, send questions to the Managing Editor, Arab Times, P.O. Box 2270, 13023 Safat, Kuwait, or Fax to 24818267.

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