Expat employees in public sector on leave deserve to be paid: CSC

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KUWAIT CITY, June 24: Assistant Undersecretary for Legal Affairs at the Civil Service Commission (CSC) Diaa Al-Qabandi has written a letter to the Undersecretary of Ministry of Awqaf and Islamic Affairs Engineer Farid Asad Emadi in response to an inquiry regarding a request to report on the procedure to be followed concerning non-Kuwaiti employees who left the country on periodic leave and were unable to return to start work after the end of their leave because of the flight ban in some countries.

The letter stated, “Firstly, for an employee who left the country on periodic leave and is unable to return to work after the end of his leave due to the flight ban in some countries, he will be considered on official holiday and rest days decided by the Cabinet as of March 12 and deserves to receive his salary during the period of work interruption.

“As for government agencies with a special nature of work that decided, in accordance with the powers vested in them, to let all or some of their employees to continue working as usual, such as Ministry of Health, a large number of their employees do not benefit from disruption of work to meet the current circumstances, and are therefore not covered by the holiday.

Originally based on the decision of the employer to continue the work as usual, then the entitlement of the employee who works in the Ministry of Health to leave or not is due to the Ministry of Health in light of the extent to which he is considered one of the categories of employees not covered by the vacation or not according to the previous detail.

Secondly, after the end of the work delay in government agencies and the continued failure of an employee who left the country to return to work, it is permissible for him to request to be granted periodic leave within the limits of his balance thereof. The maximum limit is 15 days.

The request for leave can be made via phone or by any other means. However, in the event that the conditions for granting any type of leave are not met, it will be considered interruption from work under a compulsive excuse and his salary shall not be deserved pursuant to the rule of remuneration for work”.

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