Release from company

Sir/madam, good day to your good office. I resigned from my company last April 1, 2017, and I stated that I will only be working until July 1, 2017 for the company. The management told me that the first day of my resignation will be the time when they approve it. They told me that they are under- staffed so they will approve my resignation letter after 2 or 3 months, so the start of my resignation will be June or July and they will count another 3 months to end my employment with them.

My question is, is it really true sir that in the Labour Law it is stated there that it’s the company’s discretion wether they will release me or not? I will be 10 years in the company in June 2017. I really wanted to resign sir and find a better offer. What I will do sir? Hoping for your reply sir. Thank you and more power to your good office.

Name withheld

Answer: The company’s discretion when it comes to releasing a worker is not open-ended. For example if the company brings you to Kuwait on their visa, you are bound to work for them for three years but they can exercise their discretion to release you before the completion of the 3 years. After serving the full three years with them however they cannot insist on holding on to you if you want a release.

The other case under which a company can exercise its discretion is to allow a locally-hired worker to go before completing the mandatory one year service allowed under the Labour Law. After one year’s service however the worker is free to go and the employer can’t stand in his way.

From the explanations given above, it is clear that your company has no right to determine when it is OK for you to resign especially that you have worked with them for the past ten years. If they are short of staff and want to delay your resignation, this should be a mutual agreement between you and them but under the law they cannot compel you to continue working with them. If your intention is to leave the company as planned and they are being recalcitrant, you can fi le a compliant with the Ministry of Social Affairs and Labour through the Labour Department in your area and the company will be compelled to grant you your wish.

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