Service benefits

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I have been working in Kuwait for more than 25 years. I joined a company on 01 May 2014 after being terminated from the previous company. After completing 1 year of service, I went on vacation from July 4, 2015 to Aug 13, 2015.

On Aug 20, 2015, the manager told me that my services were no more required and I was talked into submitting my resignation.

Immediately after receiving the resignation letter, my laptop was withdrawn and I was instructed not to attend office any more.

I was also told that any applicable dues will be gradually deposited in my bank account. Our office does not have card punching or any other form of recording attendance.

I, however, received 15 days salary in my account on Sept 6, 2015. I want to know if I am entitled to 15 days salary for the completed year and 3 months salary as per the labor law as end of service benefit. Meanwhile, the company is insisting that I must change my Iqama (residence) as early as possible

Name withheld

Answer: First of all you made a mistake in tendering your resignation because if the company no longer required you then it should have terminated your services. Just because you resigned, you are no more entitled to the 15 days end of service pay that you should be getting – if your services are terminated by the company – after one year of service.

Secondly, the company can’t just tell you to “get lost” because you are supposed to give a three-notice, even if you resign. And if the company wants you to leave immediately then it has no option to give you three months pay.

This is not an end of service benefit. It is the salary for the three months notice period that you are supposed to serve, regardless of whether the company wants you or not. And if it doesn’t, then it should pay the employee for the whole notice period or the part it doesn’t want the employee to serve.

On the question of changing your residence, the company has asked you to do this “as soon as possible” and not immediately.

Normally, this means at least a month or two. So check with the company because you have probably still to find a new sponsor.

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