I am writing you, to seek legal advice and guidance. Currently I’m working in a private company for retail sales. I joined the company last December 02, 2018 and completed my one year service time last December 02, 2019 This year January 01- 31, 2020 is my annual vacation. Next month when I resume work I want to tender my resignation. In my company now my current salary is KD 250 but my company is deducting KD 10 for my visa. Last year, 7 consecutive months my company deducted KD 10 for my visa Article 18 which is valid for 1 year.
Last November I already renewed my visa, now this time is 2 years validty and the same thing my company deducts KD 10 last month December salary. This condition not written in my offer letter nor in my contract where I signed.
This time I have found a new company to join, my question is do I have the right to not finished the 3 months notice period in my old company? Second just in case my old company agree to let me go after 2 months time of my notice period do I need to compensate the remaining 1 month? Can my company force me to pay the remaining days of my notice period that I did not finish, specially when I want to take the passport from.
Answer: The 3-month notice period is mandatory and on no account can you decide unilaterally not to give three months service to the employer before quiting finally. You can however negotiate with him to forgo all the 3 months or part of it similary you can reach an agreement to compensate him in monetary terms for the 3 months or part of it if for one reason or another you can’t offer him the mandatory service. At the end of the day however, if the employer is adamant and demands his pound of flesh, there is nothing you can do than to comply.
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