Thanks a lot to the Legal Clinic team for guiding the expatriates working in Kuwait on their rights. I have been working in my company since 2003 and until now the company is calculating my annual leave salary as one month’s salary (total salary divided by 30 days). This applies to the entire staff in my company. How can I ask for the arrears and how does the law support such a scenario?
Answer: Your company is totally wrong. According to the current Kuwait Labor Law, enacted on Feb 20, 2010, every employee is entitled to 30 paid days leave regardless of service.
This is a change from the previous law which entitled the employees to 14 days, 21 days and one month’s annual leave according to the tenure of their service.
Secondly, there is a difference between one month’s leave (which your company is giving) and 30 paid (or working) days leave which is according to the current law.
Earlier, when the previous law was in effect an employee was given a straight one month’s leave with a straight one month’s pay for that leave but that is no longer the case now.
Now, in the 30 days leave, the one weekly off day per week is not counted nor the official holidays falling within this leave.
Moreover, the 30 days have to be first divided by 26 (working days in a month) before multiplying the same with your monthly salary. This is the correct rule. If the company persists with its calculation, you can file a complaint with the Ministry of Social Affairs and Labor, through the Labor Office in your area.
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