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Terminated without giving notice

I joined a company on June 2, 2013 and worked for 6 months until I was terminated on Nov 28, 2013 without being served with a notice period of 3 months.

The company, however, decided to pay me for the notice period. They have already paid me the salary for the month of December and January but they are currently holding on to the March salary as they require me to transfer my residence before they make the payment.

Could you advice/calculate what the final settlement will look like.

Just for your information other than the gross salary I was also entitled to round trip tickets for myself and family (5 tickets). I am not sure if this also has anything to do with the final indemnity.

Name withheld
Answer:
First of all, please remember that the three-month notice period must be counted in the service regardless of the fact that the company has exempted you from serving out this period and is paying you for these three months. In this connection, please refer to Article 44d of the Kuwait Labor Law which states that “the employer may exempt the employee from work during the period of notification but shall count such period within the worker’s period of service.

The employer shall pay the worker all his entitlements and remuneration for the period of notification.” So, one thing they are doing already and now they must pay you indemnity and other dues for the 9- month service (6 months on the job plus the 3-month notification period). Firstly, this means you must get paid for your annual leave entitlement which is 9/12 x 30 days = 22.5 days leave. These 22.5 days must be divided by 26 and multiplied by your monthly remuneration to arrive at the correct leave payment. Secondly, you must get your indemnity for the 9-month service.

Every allowance must be added to your basic salary, including payment for the air tickets, to arrive at the right figure to be used in the calculation of your indemnity. As you have not mentioned whether this entitlement of air tickets is every year or every two years we will give you the calculation for both situations. If this entitlement is for every year, then the value of these tickets must be divided by 12 (months of the year) and added to your monthly salary. If it is for every two years then the division must be by 24 and added to your salary.

 

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