Thursday , November 23 2017

Right to Terminate employee service – Kuwait Labor Law

I have been working for a private education company in Kuwait for about 2 years. I am currently experiencing issues with the micro-management style of my employer and I am highly vocal about it. Recently, I was asked by the unit master to offer my resignation or I might be terminated without any end of service benefits and without any notification period. I have not done anything wrong other than being critical of micro-management. I want to know under what conditions the employer can terminate my job without any benefits and without notification?

Name withheld

Answer: According to the Kuwait Labor Law an employer has the right to terminate the services of the employee without prior notice and without paying the employee’s indemnity and compensation, if an employee commits any of the following infractions:

■ Doing any wrongful act that results to serious damages or loss to the employer

■ Continuously disobeys his employer’s instructions

■ Disobeys safety instructions at work given by the employer on each location

■ Has been absent for more than seven consecutive days without any reason

■ Has been convicted of crime affecting honor, honesty and morality

■ Commits an act against public ethics in the work place

■ Assaults a fellow employee, employer or his agent at work or on account of work

■ Failure to perform his obligations under the terms of his contract or the Labor Law

■ Commit fraudulent activities to obtain work

■ Reveals secrets relating to his employment Going by what you have told us we don’t think you have committed any of the acts enumerated above to warrant dismissal by the company without paying your indemnity.

However if they carry out their threat, we advise that you file a case against them at the Ministry of Social Affairs and Labor.

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