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Wednesday , November 13 2019

Sub-contracting company of KOC terminated me without giving notice period

I am an expat in Kuwait. I was working for KOC under a private company contract for one year. It was a five year contract. I got demobilised from KOC project one day suddenly before the end of the contract and my gate pass taken back by my company. I was asked not to work for KOC from the next day onwards for reasons unknown. Since then I have been asking my company to give me an official communication for my discharge from duty or to employ me in any other projects handled by the company. But the company is not doing so.

They are refusing me termination notice or payment of my ensuing three months salary and leave salary which I am entitled to. I am staying idle since I got demobilised for the past two weeks. The company says my termination notice with three months notice period is ready with them and it’s for their records only. It cannot be given to me. They can give me release if I get a new job and can extend my visa validity beyond my notice period till I get a job. But I am not supposed to ask for the termination notice or termination pay. I need not report to the company. Instead I can do my job hunt. What should I do in this situation? Can I move court against the company for my termination pay with out termination notice.

Name withheld

Answer: The company is wrong in terminating your appointment without giving the three-month termination notice in accordance with the Kuwait Labour Law. It might be within the company’s right to stop you from reporting to work immediately but you have to be paid three months salary in lieu of the notification period. Before resorting to a court action, we will advise that you go through due process by filing a case of breach of contract at the ministry of Social Affairs and Ministry through the Labour department in your area. Indeed you don’t need the termination notice to file your case as the verbal notice given you by the company is equally as good for purpose.

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