I had worked for a company for 12 years before I resigned (to get my indemnity) and they had rehired me locally. My contract says all conditions stay the same but I have to stay at least 1 year with the company. I will complete 1 year in November. My questions are as follows:
1. Can I resign in August (with 3 months notice). Will that be computed as 1 year in November? Is the 3 months notice included in the count of 1 year?
2. My contract says that I cannot transfer to any similar field. Is that legal to prohibit me from getting a job of my experience or just a bluff?
Answer: First of all we would like to refer you and your company to Article 44 (d) of the Kuwait Labor Law which clearly says the three month notification period is to be counted in the service period … for all purposes.
So you can resign on a certain date in August which will see you complete your year of service with this company in November. You should have no problems in this regard.
On the second question, you are the one who accepted the condition. Moreover, the law allows the current company to request the Ministry of Social Affairs and Labor to not transfer your residence or even issue you a new visa for a competitor for two to three years.