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Release before 90 days of notice

I seek legal advice regarding my current situation. I have been working for a company for the past eight years. I handed in my resignation recently and have mentioned that I am leaving very soon (a week’s time). I understand that the Labor Law in Kuwait requires 90 days of notice period. Now my question is, should I be willing to pay off the amount equal to that 90 days and if there is somebody to take over my position, will my release be granted?

Name withheld
Answer:
When the law was initially enacted, it had the provision that in case a person did not wish to give a 3- month notice he could pay an amount equal to three months and leave immediately. Or the worker could give any amount of notice period and pay for the uncompleted portion.

But this caused a lot of problems for the employers as the employees could practically walk out of one job into the next one by just paying a certain amount.

So, in view of these objections, the Ministry of Social Affairs made the 3-month notice period mandatory and this can only be waived by mutual agreement of both the parties.

The employer, if he so desires, can waive this 3-month notice period but it has still to be counted in the service of the individual.

So, you can only leave the company without giving the 3-month notice if your sponsor agrees to your request. If he does not, and you leave the company, the Ministry of Social Affairs and Labor will not transfer your residence to any other firm.

So, the only thing that you can do is request your employer to relieve you before the 3-month period and hope for the best because your transfer depends on his acceptance of your request.

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