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End of service calculation

I want to ask a question as I am not sure of the Kuwait Labour Law on the issue. I joined a private company on Sept 29, 2013 & I was on unpaid leave from Oct 27, 2013 (Sunday) to Nov 2, 2013 (Saturday).

My second leave — which was a paid leave — was from May 3, 2014 (Saturday) to 10 May, 2014 (Saturday). My company works from Sunday to Thursday and their payroll is calculated on 30 working days.

Both my leaves included weekends Fridays & Saturdays which the company has included as leave because of the weekends when I was not in the country. I missed work only from Sunday to Thursday both the times which is 10 days. Please confirm is this is correct.

Also I want to know if a sick leave is taken on Wednesday- Thursday and then again if the employee takes sick leave on Sunday & Monday, is the weekend Friday & Saturday included in the sick leave? Can a company challenge the sick leave granted by a government clinic?

Now I have been terminated as of June 1, 2014 and they have given me 3 months to transfer my residency. They have asked me not to come to work for these days. So can I travel to my home country during this period?

They have given me my passport but my Civil ID has been taken by them and will be kept by them until I transfer residency. If I delay in transferring my residency by 1 week after the completion of 3 months notice period, can the company take any action?

Also my salary mentioned on the offer letter and Shoun (Ministry of Social Affairs & Labor) work permit is KD 350 but I do get another allowance of KD 50 and a transport allowance of KD20 for which I don’t have any signed document. But the company says they will pay me only 3 months salary as mentioned on the work permit only and the indemnity will be calculated on KD 350 only. Is this correct?

What will be my indemnity and annual leave balance be calculated? Will it be calculated until 1st June 2014 or till 31st August 2014 (which is including my 3-month notice period). Also, will my experience letter be showing the period until Aug 31, 2014 or only until the last day I worked?

Name withheld
Answer:
First of all, according to the Kuwait Labor Law, all the above calculations must be based on your total remuneration i.e KD 420 and not KD 350 regardless of the fact that this is what is mentioned on the work permit. As proof you have details of your bank account in which your salary is deposited. Secondly, they have to pay you the three months salary according to what you are receiving - including all the allowances - and not according to what is mentioned on the work permit.

Thirdly, the calculation must include your notice period i.e your service must be counted until August 31, 2014. And fourthly, your service on the experience letter must indicate you worked until August 31, 2014. 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.” On the question of sick leave, if you take this leave on Wednesday and Thursday and then on Sunday and Monday, the sick leave is for those specific days and the weekly days off can’t be counted as sick leave. On the question of payroll, the working days in a month — regardless of the fact that you may give 2 days off per week — are 26 and not anything else... especially not 30 and all calculations must be made accordingly. Now your indemnity and leave balance must be calculated until August 31, 2014 (with the notice period included) but the company has the right to deduct the unpaid leave days from the total service for this calculation.

And lastly, on the question of sick leaves being challenged... the normal perception is that once sick leave has been obtained from a government hospital it can’t be challenged. So, some workers misuse this facility and sometimes use their “wasta” to get a few days off from work.

What people, both employers and employees, don’t know is these sick leaves and medical reports can be challenged at the Ministry of Health’s Medical Tribunal within one month. And if it is found that the report was obtained through “wasta” without the person being sick, legal action can be initiated against the worker and the physician.

 

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