Leave & Indemnity

I have a question regarding leave.

I am an engineer and have worked for 6 years in a reputed private company. I have a job offer in hand in Kuwait and I resigned on Jan 15 with a 3-month notice. My last day with my current employer is April 15.

I had planned to go to India (my home country) can I travel to my home country during this notice period?

Can my present employer create an obstacle by not giving me my passport?

My salary is KD 700, what will be my indemnity?

Name withheld
First of all passport is a personal document and can’t be held by the company. You should ask your firm to return it to you and if it doesn’t you can file a case in court against your company. Nearly every such case has been decided in favor of the passport holder.
Having said that, it doesn’t mean that if you have your passport you can go on leave when ever you want.
There is no law against going on leave during the notice period but you need to have your company’s permission and in case the company rejects your request you can’t go. And if you insist or still go home, the company can take legal action against you.
Secondly, on the question of indemnity as you have worked over 5 years but less than 10 years you will get two-third of the indemnity as follow:
 15 days for each of the first 5 years
= 75 days ÷ 26 = 2.88 months remuneration
1 month for the 6th year
Total indemnity = 3.88 months remuneration
= 3.88 x KD 700
=KD 2,716
But as you are resigning after over 5 years but less than 10 years service you will get two-thirds of the amount
=KD 1,811




I came to Kuwait in 2008 Feb on a private company visa 18 and am still working in the same company. Now I have reached the age of 60 years and in the month of June my 61st year will start. In Jan 2012, I went on vacation and came back in Feb 2012. Due to health problems I would like to go back home and take full rest. If I resign what will be my indemnity.
My current salary is KD 250/-while the food and other allowances bring me KD 45. Totally what I will get if I resign?

Name withheld
In the private sector there is no age for retirement so if you resign without completing five years service (because we don’t know your start date in February 2008) you will get half the indemnity but if you complete 5 years you will get two-thirds of the indemnity.
The calculation of the indemnity will be as follows:
15 days for each of the first 5 years = 75 days ÷ 26 = 2.88 months salary.
Because, your service will be a few days less or more than 5 year your calculations will be done accordingly.
As you have been getting the allowances regularly these will be included in the calculation of your pay.
So the total indemnity will be KD 295 x 2.88 = KD 850
So, if your service is under five years, even by a few days, you should get KD 425.
But once your services hits 5 years you should get KD 566.

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