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Working on all Fridays and holidays - Will I be paid for those extra days?

I have been working for a private company since April 2010. Now I am planning to resign in June 2014. I want to know whether I will get any indemnity.

Secondly, since joining this company I have been working on all Fridays and holidays. Though I am getting overtime according to the labour law, according to the same law I must get a day off too for every Friday and all the holidays I worked. Will I be paid for those extra days?

Name withheld
First of all, you should get the indemnity because you have worked over three years. According to the Kuwait Labor Law enacted on Feb 20, 2010 you are entitled to half the indemnity if you resign after three years service but before completion of five years. In this connection your attention is drawn towards to Article 51 and Article 53 of the Labour Law which clearly state the indemnity to be received by a worker. Article 53 states “The worker is entitled to half of the service benefits stipulated in Article 51 in the event he terminates the work contract which has an indefinite term and his period of service is not less than three years and not more than five years. In the event where the period of service reaches five years and less than 10 years the worker shall be entitled to twothirds of the benefit and if the service exceeds 10 years, the worker shall be entitled to his entire benefit.

The above Article should be read in conjunction with Article 51 of the Kuwait Labor Law which states as follows: “The worker shall be entitled to an end of service benefit as follows:

a. The worker shall be entitled to 10 days remuneration for each of the first five years of service and a 15-day remuneration for each year thereafter. This is for the employees who are paid on daily, weekly, hourly or piecework basis. Their total end of service benefit should not exceed a one-year salary.

b. The worker, who is paid on a monthly basis, is entitled to 15 days remuneration for each of the first five years of service and one months remuneration for every year thereafter. Their total end of service should not exceed one and a half years remuneration.

The worker shall be entitled to a benefit for the fraction of the year in proportion to the period of service. Loans and credits owed by the worker shall be deducted from the end of services benefits. So it is very clear how much indemnity you should be getting. On the second issue of holidays and the payment for these holidays your attention is drawn to Articles 67 and 68 of the Kuwait Labor Law.

According to this law you must be paid for working on weekend offs and official holidays. You should also get an additional day off for working on these days. Although the Labor Law does not state what happens when you are made to work on the additional day off, it is accepted that this additional off day is to be treated as a weekend off. Therefore, you must be paid for working on those additional off days.

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