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Contract variation – Illegal act by company in violation of the Kuwait Labour Law

I joined a new company 9 months back with their job letter offer as Supply Chain Manager with agreed salary. I worked for 3 years in previous company and they cleared all my indemnities and provided the required support. After continuous follow up with my new company they made my residency after 5 months and when they did the residency they changed my designation to sales person and also did the contract papers without my consent.

After 9 months in this company they are suddenly asking to reduce my salary against the salary certificate, but when I clearly said that I can’t give up some amount in my salary they are now threatening me that they terminate me without any notice period if I don’t agree to their unofficial new terms.

They have never paid me salary on time every month, they delay it to next month 15-20th and they give it to me in cash instead transferring it to my salary account. Even as at now they have not cleared last month salary and saying only after I agree to their new terms they say they will pay me.

Please advise if new company is entitled to introduce new terms on my salary against agreed one? Can they make my residency without me signing the contract? Can they terminate me without giving 3 months notice period as I have proofs of new company job offer letter, salary certificate and residency and civil ID documents?

Name withheld

Answer: The new company wants to engage in acts that are illegal in violation of the Kuwait Labour Law. Under the law, an employer cannot vary the salary of an employee to the employee’s disadvantage. While the law gives the right to the employer to terminate the services of the employee, the same law enjoins the employer to give a mandatory three-month notice to the employee before the termination becomes effective.

From the above explanation you can see that the law is on your side and we advise that you stand firm on your grounds and do not yield to the threats emanating from the company as they cannot do that they are claiming they will.

On the other hand, should they decide to effect any of the threats, file a case against them with the Ministry of Social Affairs and Labour through the labour office in your area.

The documents you have in your possession in addition to the fact that your employers are flouting the labour law by not transferring your monthly salary through your account but giving you cash, are more than enough to give you a release

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