Saturday , November 25 2017

Company has violated Kuwait Labor

I am currently working in a multi-national company (Kuwait branch), I was hired by this company from India and came to Kuwait on 2nd December 2016. I have signed an employment contract as per the Kuwait labour law which starts from the date of arrival ie (19 December 2016) and ends on 19 December 2017.

On 17th August 2017 the company terminated my services due to poor performance and as per the termination letter they told me that my last working day would be 10th September 2017.

However, I was supposed to render my services from 19 December 2016 till 19 December 2017 as per my visa and Kuwait employment contract under Kuwait labour law, but my company terminated me without any 3 months of notice period which is totally unfair. So I sent the revert to my HR through my official email asking for compensation for 3 months of salary as per the Kuwait labor law, but my company did not reply and simply changed the password of the email address so that I cannot have access to those emails and on the same day I was asked not to come to the office (20 August 2017). Then again after 2 days I send them the same email from my personal ID but again there was no response and they keep calling me on my personal mobile and telling me to leave the company without any complaint to Sho’un.

They were also putting pressure on me to sign on a paper where it was written that the company gave me all the dues and I have received my full and final salary and I will not claim and demand anything whatsoever from the company . I refused to sign on that paper and they started threatening me and saying that they will show that I was not coming to the office and ran away and on 14 September they filed a case in Sho’un that I was not coming to the office which is not true. I have all the documents like: Voice note from my Sponsor, emails, and text from my company number, stating that they were forcing me to come to the office and to sign that no due certificate.

Just wanted to tell you sir that there are many things on which my company cheated me in these 9 months:

1- Firstly, In the employment contract it was clearly mentioned that my basic salary would be KD 350 as per the Kuwait employment contract, but from the month of March 2017 they started deducting KD 100 from my salary without any notice or letter saying that I have to pay for my visa, tickets and everything and till August 2017 they kept deducting.

2- Secondly, In the employment contract it was mentioned that the company has to pay for my accommodation, transportation and for my fooding every month, but still my company did not pay even for a single month as well and again cheated me.

3- Thirdly, In the very first month I asked my company to pay my salary in my bank account, as the Kuwait law says that every company is supposed to pay their salaries in the employee’s bank account so asked my company to do the same (but my company denied) and said no we do not do so, we pay cash.

Now I have the job offer letter from the different company but my company is not giving me release and they are not paying my salary which is due for 3 months.

Name withheld
Answer: All the measures the company has taken against you have been in flagrant violation of the Kuwait Labor.

The non-compliance of the terms and conditions of the signed contract as well as the termination of services without the mandatory 3-month notice period or 3 months salary in lieu of that are breaches under the Labor Law.

Luckily, you have enough documentary proof to show culpability of the company in the way they treated you.

In this perspective, we advise that you file a counter complaint against the company with the Ministry of Social Affairs and Labor thorough the Labor Department in your area. We are more than convinced that the law is on your side and you will come out the victor all things being equal.

 

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