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Marriage & indemnity

I am facing a problem similar to the one to which you provided an answer a very long time in the Legal Clinic of the Arab Times.

I entered marriage in Kuwait some six months ago and have now decided to resign from my job. I have worked for my current employer for over years but my employer says that I am entitled to only two-thirds of the indemnity because, according to the Kuwait Labor Law, that’s my entitlement as my service is less than 10 years.

My employer has straightforward asked me to either complete 10 years service or collect only twothirds indemnity if I want to resign right now. Is there anything I can do, other than working 10 years, to get the full indemnity?

Name withheld
Answer:
It’s been over a year since we answered a similar question and for the benefit of this reader and all others we will answer this question in detail.

In fact, as the question is nearly the same, the following answer is almost a reduction of the previous as nothing has changed on the issue since the new Labor Law was enacted on Feb 20, 2010. The company is totally wrong and it is reading Article 53 of the Kuwait Labor Law in isolation. To get a correct view of the rights of women in cases like yours, the company should also have a very close look at Article 52(d) of the latest issue of the Kuwait Labor Law, enacted on Feb 20, 2010.

This article reads as follows: “…… a female worker is entitled to the entire end of service benefits if she terminates the contract as the result of her marriage within a year after the date of the marriage”. So, as you can see, you are entitled to the full indemnity and not two-thirds as voiced by your company.

The problem here is actually lack of knowledge because some people in the administration of some companies as unaware of the benefits the change in the laws.

Your company is still following the previous Kuwait Labor Law as there was no mention on the issue in that law but the issue has been settled in the new law and it leaves no doubt that in cases such as yours, the law is on your side.

So, you must claim your full benefits and if the company refuses to pay the full indemnity, you must file case with the Labor office in your area.

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