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Indemnity for Terminated Employees

I was working in a clinic in Kuwait and was terminated from service. Actually, I was recruited from abroad and I have completed 2 years and 9 months in that company.

My question is that am I eligible for indemnity and other benefits. My basic salary was 250 KD.

My second doubt is that the company gave me 3 months notice but it ended on 29/08/13. I completed that time and the company deducted 3 days salary because it was 2 days to complete that month. 30/8/13 was a Friday and 31/08/2013 was Saturday.

Is it correct according to the labor law?

Name withheld
Answer:
First of all employees whose services are terminated are entitled to their full indemnity for the period that they served, regardless of the fact that it is only a few months or a number of years. Whether you were hired locally or from abroad makes no difference on this issue. So, you are entitled that to your full indemnity. Please also remember that the notice period must be counted in the service. If your company disagrees, please draw the management’s attention to Article 44 (d) of the Kuwait Labor Law, enacted on Feb 20, 2010 which states as follows: “The employer may exempt the employee from work during the period of notification but shall count such period within the worker’s period of service.

The employer shall pay the worker all his entitlements for the period of notification”. In your case if you were given a notice after 2 years and 9 months, your service comes to 3 years and you must get full service for all this period. Please also remember that you should also be paid for all the annual leave that you did not avail. Your company is also wrong on the issue of deducting salary for three days. There are 26 working days in a month and from the above it is clear that you worked for 25 of these days. As such the company can only deduct one day’s salary. For calculation of this one day, your salary should be divided by 26 and not 31. Only after that, will the one day’s be worked out

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