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Sunday , November 18 2018

Company situation is not good – Want to resign but company not accepting resignation

First all, I would like to express my sincere appreciation to Arab Times legal clinic wing for providing such a helpful information. I am a BE graduate (certificate attested) and came to Kuwait on a government project visa in 2008.

My visa locally transferred in 2015 to my current company under government project through the procedure of KD 300 paid to Ministry.

Now 2 years completed in this company. My company current situation is not good so that I submitted my resignation in Oct 2017 and 3 months notice ends by next week.

My current company not accepting my resignation and asking me to provide a replacement in order to leave the company otherwise should continue till end of the project. Until now company is not recruited any one and not ready to accept my resignation.

Now I have another company government project visa ready to offer me.

1) Please advice me what should I do next?

2) Am I eligible for 2nd local transfer?

3) If I need to approach the Ministry of Labor department then kindly advice when should I approach? How should I approach? What all documents should I carry with me? Appreciate your valuable reply

Name withheld

Answer: The company is wrong in not accepting your resignation and also asking you to provide a replacement before you leave. Since you were locally hired and also a holder of a university degree you were at liberty to quit the company at anytime you wanted but after having worked for the company for two years, the company cannot stand on legal grounds to deny you a release. If the company maintains its ground not to give you a release after the expiry of the 3-month notice period just file a complaint at the Ministry of Social Affairs Labour through the Labour Department in your area and seek redress.

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