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Previous company has refused to pay indemnity although I have completed 3 years service

This in reference to the rules and regulations on indemnity as per new Labor Law of Kuwait. Please note that my previous company has refused to pay my indemnity although I have completed 3 years service with them.

■ My joining date — 11.01.2011

■ My last working day with the company — 14.01.2014

■ I resigned on 28.07.2014 The company is willing to give me the remaining salary of January 2014 — ie leave salary and air ticket but no indemnity. The company has given the following justification for not paying the indemnity amount – I took two weeks unpaid leave in June 2011 and due to this fact the 3 years service has not been completed.

Therefore, please kindly clarify whether, according to the above scenario, I am entitled to indemnity as per the new Labor Law of Kuwait or not.

Name withheld
Answer:
The company is totally right in not giving you your indemnity as you have not completed three years service.The company has the right not to consider all your non-paid leaves as part of service. Some companies “ignore” the unpaid leave link to service but most don’t and as in your case you are a few days short of completing the three years service… as such you are not entitled to any indemnity. It would have been better if you had waited a little before you submitted your resignation, so that there would have been no doubt about completion of the three years service

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