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Resignation queries

I am currently working in a private firm as a Sales & Service Engineer for Security Systems (CCTV Camera, EAS Security Antenna, Intruder alarm ... etc). I have already spent 5 years with the company since I joined them in Qatar (6 months in Qatar). My company is a Dubai-based company, we have a local sponsor only in Kuwait. I decided to resign from this firm and submitted my resignation on Feb 2, 2014 with a 3-month notice.

The effective date of my relief from the company will, therefore, be May 2, 2014. But I have been advised by a friend of mine that I need to renew my Civil ID which is in extension only at this time before I submit my resignation, is this true? My Civil ID expired on Jan 8, 2014 and I applied for an extension of 3 months but it has not yet renewed because our company’s file at the Ministry of Labor is closed due to a complaint filed against this firm by other employee. The expiration of the extension of my Civil ID will be April 12, 2014. My questions are below. Since I submitted my resignation on Feb 2, 2014 with a 3- month notice the effective date will be May 2, 2014. But my current status of my Civil ID is for extension only until April 12, 2014 which is short of the effective date of my resignation.

Is it still possible that my resignation will come in to effect on May 2, 2014 even if the company renews my residence for one more year, after April 12, 2014? My manager in Dubai is not acknowledging my resignation and keeps on pressuring me on my sales output every month and also stock liquidation, can this effect my salary and also my indemnity?

Do they have the authority to stop my salary on a monthly basis if I don’t meet my target sales?

I resigned from this firm with no intention of transferring to other company but to go home to my country of origin. Can my manager hold me for more than my notice period and not accept my resignation?

It will be a great relief to me if you can attend to all my queries.

Name withheld
Answer:
First of all please understand that the renewal of your Civil ID card is not linked to your resignation. It doesn’t matter if the ID card is valid or not, it can’t effect your resignation date.

The only problem you will face is the renewal or cancellation of your residence because neither the Ministry of Social Affairs and Labor nor the Immigration Department will accept any transaction as long as your company’s file is closed.

Please also remember that your resignation date nor the date of its enforcement will be affected even if your residence is renewed for another year. It will still be effective on May 2, 2014.

If your manager refuses to acknowledge your resignation, the best thing to do is inform the Labor Office in your area if the company refuses to release you on the date you have mentioned.

The company can’t hold you beyond the date you wish to leave the firm unless this is done through a mutual agreement. Your manager also can’t stop your salary unless the salary is linked to your production in your contract, which is very unlikely as this would be against the Kuwait laws. You have got to remember that even if your company is Dubai based, you fall under the Kuwait laws as you are operating in this country

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