Under what conditions can an employer terminate the services of a worker?

Name withheld
Answer: In this connection you are advised to check Article 41 of the Kuwait Labor Law which clearly states the conditions for dismissal of an employee — both with and without benefits.
The article reads as follows:
Subject to the provisions of Article (37) of this Law:
a- The employer may terminate a worker without notice, compensation or benefit in the event where the worker has committed any of the following acts:
1- If the worker has committed a mistake that resulted in a large loss for the employer.
2- If it was found that the worker obtained employment through cheating or fraud.
3- If the worker divulged secrets related to the establishment which caused or would have caused real losses.
b- The employer may dismiss the worker in one of the following events:
1- If he been found guilty of a crime that relates to honor, trust or morals.
2- If he committed an act against public morals at the work site.
3- If he assaulted one of his colleagues, his employer or his deputy during work or for a reason thereof.
4- If he breached or failed to abide by any of the obligations imposed on him by the contract and provisions of this law.
5- If he is found to have repeatedly violated the instructions of the employer.
In such events, the decision of dismissal shall not result in the deprivation of the worker of his end of service benefit.
c- The employee who is dismissed for any of the reasons stated in this article shall have the right to object against such decision before the competent labor department in accordance with the procedure set forth in this law. If it is established, by virtue of the final verdict, that the employer arbitrarily dismissed his worker, the latter shall be entitled to an end of service benefit and a compensation for material and moral damages.
Article 37 mentioned above reads as follows:
No penalty may be imposed on the worker unless he has been informed in writing of the act attributed to him, his statements have been heard, his defense investigated and the minutes of the investigation kept in his personal file. The worker shall be notified in writing of the penalties imposed upon him, their type and amount and the causes of the imposition thereof as well as the punishment that he will be exposed to in the event of repetition of the violation.


 

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I have been working for a company for 3 months. It looks like we could be losing work. Does my company have to give me a 3-month notice if we are made redundant?
Name withheld
Answer: The question here is whether you are on probation or not because some companies do away with the probation period.
If you are not on probation, then the company has to give you a three-month notice but if you are on probation then the company can dismiss you any time without any notice.