Saturday , August 19 2017

Replacement not found after giving 3 months notice – Does employer still have rights to hold me?

I have this situation. I am working alone in a retail shop for almost 3 years and this is my second employer already. I am holding 18 visa with no problem. Last May, I submitted my resignation letter to my employer and talked to him that I have decided to resign for a reason, although he is not happy I told to him that my decision is final. He just took my resignation but he did not stamp or sign as received. I followed the 3 months notice which will be end next month August, but until now he has not found any replacement for me and I did many follow ups just for my replacement since my last day of work is near.

Question, Does my employer have right to hold me or not to sanction my release even though I finish my notice period? In case problem occurs and I hope not, what will I do? Thank you and more power to Arab Times.

Name withheld

Answer: On your part, you have done all that is expected of you as per Kuwait Labour Law. It is left to your employer to fulfil his part of the bargain which enjoins him to offer you a release. Indeed he has no choice over that but if he wants to flex his muscles, you have no alternative than to file a case against him at the Ministry of Social Affairs and Labour through the Labour Department in your area.

 

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