I am expat with over 5 years on site constructing a major public works project 6 days per week. Upon return from annual leave on Aug 5, I received project demob letter dated July 27, 2017. It said my last day on the project is Sept 30. I have been paid through Sept 30. They state they have no other project for me now for which they can bill my time. I stated I was willing to help them in the office with proposals and marketing to help out. I was informed that my last paid day will be Sept 30 full stop.
Using the Aug 5 date as constructive notice, the 90-day period runs through Nov 2. Out of this 90-day period by Kuwait Labor Law, I will not be paid 33 working days in either a paycheck nor as any part of Termination Indemnity package they assert. I believe this to be totally unfair and in violation of the Kuwait Labor Law. Please advise.
Answer: The 3-month notice period is mandatory and the company cannot unilaterally cut it short. Even though they can tell you to stop work by Sept 30 they are legally bound to pay you up to Nov 2. Since the ‘stop work’ order is emanating from them and not from you. If the company insists on its line of argument which is a way of short-changing you, we advise that you fi le a case against the company at the Ministry of Social Affairs and Labour through the Labour Department in your area to seek redress.
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