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Resignation problem

I was hired from India on Dec 26, 2012 and worked in private company in Kuwait. I resigned on Feb 10, 2014, giving a notice of three months to the company but I requested them to release me early. The company agreed and I went to the Ministry of Social Affairs and Labor with the Company Mandoop (representative) and signed a paper saying that I had received all my dues ( as I wanted to leave early for India).

Now the company is not cancelling my residency and my passport is with them. They want me to complete the pending works. They are also threatening to file a case against me if I am not able to sell some material (Not ordered by me) which expires in November.

My residency expires on March 11, 2014.

My questions are:

1) Since I have signed that I received all my dues on 13th Feb, do I still have to come to work as it would mean working for free? If I stop going to office, can the company file an “absconding case” against me?

2) What if the company extends my residency again for 1 year and asks me to continue working without paying any salary.

3) What can I do to get my residency and work permit cancelled and go back to India?

Name withheld
Answer:
You don’t have to worry because you are in a strong position here as you have already been to the Ministry of Social Affairs and Labor, where you signed the paper for your dues after the officials were informed that your resignation had been accepted. You must do two things here. First, file a case in court for your passport, as it is a personal document and the company has no right to keep it, regardless of the circumstances.

The court will decide in your favor and ensure you to get the passport. Secondly, you must approach the Ministry of Social Affairs and Labor — through the Labor Office in your area — and provide them with all the details.

As you have already been to the Ministry (to sign various documents linked to your end of service), it should not take long for the Labor Office to decide the case in your favor. The company can’t extend your residence without permission, nor can it make you work without any salary.

You can always take the company to court of the Ministry of Social Affairs and Labor. In the meantime, while the case is being decided, we would advise you to keep going to the office as the company can still file an “absconding case” against you. You can, however, refuse to work without being paid.

You should also ensure that all the communication with the company is in writing so that you have proof of your dealing with them.

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