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Sacked by company without giving any notice period nor any benefits

I was recently sacked by my company, the dismissal was immediate—without any notice period and I was also told that I was not entitled to any benefits because of the causes which led to my being sacked. I, however, feel that I have been unfairly handled and deserved to be served a notice plus be given all my rights for my period of service with this company.

Can you tell me if, under the current law, I can be dismissed without notice and indemnity and if not what action I can take to get my dues?.

Name withheld

Answer:You have not stated the reasons of your dismissal so we will give you a general answer.

According to Article 41(a) of the Kuwait Labor Law enacted on Feb 20, 2010, the employer may terminate the services of the worker without notice, compensation or benefit in the event the worker commits any of the following acts:

1.If the worker commits a mistake that results in a huge loss for the employer

2.If it is discovered that the worker obtained employment through cheating or fraud

3.If the worker was found to have divulged secrets, related to the establishment, which caused or would have cause real losses.

But to make sure that that the employee gets a fair chance and is not unfairly dismissed the state of Kuwait has added Clause C to the same article which states as follows: “The employee who is dismissed for any of the reasons stated in this article shall have the right to object against such a 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 the worker, the latter shall be entitled to end of service benefits plus compensation for material and moral damages”. So, if you feel you have been wronged and unfairly treated you should approach the Labor Office in your area.

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