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Saturday , September 26 2020

Indemnity not received

I am a one regular reader of Legal Clinic in Arab Times. It is an excellent job you are doing. Thank you for that. I have two important queries.

1. I am a qualified B.Tech Civil Engineer. From August 2013 to December 2016, I worked for well known EPC contractor in Kuwait. Then in February 2017, I transferred my work permit to new company. Still I haven’t received my final settlement from the company. Like me, too many people are struggling to get final settlement from their companies. Every week I am following up, but nothing is moving from the side of the employer. What should I do to get my final settlement?

2. I joined a new company from December 2016, as a engineer. From February 2017 up to now, I haven’t received salary because of financial problem.

What should I do to get pending salary? If I get new job, am I eligible to get release from the company as per K.L.L.? If company not releasing, what should to do to join new company? I can’t wait for too many months to get my salary, because I have to pay EMI for loan, house rent etc. Kindly advise me

Name withheld
Answer: Continue pursuing your old company for your final settlement but if in your estimation they have made up their mind not to pay you then you can file a case with the Ministry of Social Affairs and Labour through the Labour Department in your area.

With regard to your second question we must state that it is not uncommon for employers to delay paying workers their salaries even though this practice is against the Labour Law.

But you admit yourself that the company is facing financial problem we advise that you bear with them till such time that they can be in position to pay you. On the other hand if you don’t have that patience, you can look for a new job and if you are successful, your present company has no choice but to give you a release.

If the company however wants to prove recalcitrant you can again file a case at the Ministry of Social Affairs and Labour and we are confident the company will be compelled to give you a release in addition to compelling them to pay you for the months you have worked for but not paid.


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