I work for a prominent company in Kuwait, which employs thousands of people. I have now resigned and currently I am serving my notice period. I started the year with 40 days annual leave accrued over the last 3 years and got another 30 days for this year.
As of my resignation date, my leave balance was 40 days and now my employer is forcing me to take those leaves (all of it) and stay at home so that they don’t have to pay for the leaves.
They have also sent a circular across the organization, asking everyone to make their leave balance nil by end of the year.
I wanted to check the legality of such a circular and also, if it is right on their part to force me to take the leaves especially considering that I have resigned so that they can save money in my final settlement. Also, what is the course that I can take if they continue to force me to take the annual leaves and what are my chances of success, given that my employer is one of the biggest in Kuwait with ample clout and connections at the right places.
Please suggest me a right approach so that I can get out without creating a lot of trouble.
Answer: Unfortunately for you, Article 72 of the Kuwait Labor Law gives the employer the final say in the determination of the date for the annual leave. So, you have no option but to take that leave regardless of the situation. You also can’t complain to anyone because the law is on the side of the employer on this issue as far as determination of the date of the leave is concerned.
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