First of all thank you very much for your Legal Clinic which is beneficial to so many Arab Times readers. I have a question for you which is as follows.
I joined a Spanish company on 1/3/2012 and my salary now is KD 375. On July 18 I received a termination letter saying Oct 17, 2016 will be my last working day. May I know what will be my terminal gratuity?
Secondly my residence is expiring on 7/10/2016 and 17/10/2016 will be my last working day. My question to you in this situation is how can I transfer my residence. Kuwait law says to transfer residence a person must have at least three months valid residence.
Please help me to solve this problem.
Answer: First of all lets calculate your indemnity.
Service: 4 years 7.5 months
Salary: KD 375
You are entitled to 15 days pay for each year of service = 69.4 days
But these days have to be first divided by 26 and then multiplied by your salary = 69.4 / 26 = KD 1,000.960
As your services have been terminated you are entitled to the full above amount.
Now on the question of transfer of residence, you don’t have to worry about anything because as soon as your residence is about to expire your current employer or the new one can get you temporary residence Article 14 (one month at a time for a maximum of three months).
This is enough for you to transfer your residence. You have just to ensure that you are not illegal, i.e. without residence at any point.