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I have a doubt: will I get any indemnity for my services?

I joined my current company in Kuwait on 2/7/2011 and I resigned on 27/4/2014 — excluding the 3- month notice period. If the 3- month notice period is counted my last day in service with the company will be 27/7/2014.

I have a doubt: will I get any indemnity for my services because on the date of resignation my service was less than the three years required to avail the benefit of indemnity?

Name withheld
Answer:
You are right when you say that you need three years service to get indemnity but you are wrong on calculating the length of service that you have rendered because the 3- month notice period has to be counted in the service.

In this connection, your attention is drawn to Article 44 (d) of the Kuwait Labor Law, enacted on Feb 20, 2010 which states as follows: “The employer may exempt the employee from work during the period of notification but shall count such a period within the worker’s period of service. The employer shall pay the worker all his entitlements and remuneration for the period of notification.” The above law is self-explanatory.

The employer will have to give you the salary, annual leave pay and indemnity for the notice period. And according to the law on indemnity, if you have between three to five years service — as in your case — you get half the indemnity if you resign from employment. So don’t worry, you are entitled to indemnity.

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