I have a question regarding employees right on termination. Firstly I was hired from a foreign country, and been in the company for four years now, which entitles me from my right to be released by the company because as far as I know I need to be at least three years in the company to be released.
Now the scenario is, they’re trying to scare me of termination from a ground I didn’t do firsthand, (my only involvement is to prove if its true that this employee said this etc.).
Now they have given me an unjust (for me) sanction like 2-10:30 duty (8.5 hours, no transport to and from Salmiya to Mangaf, and I’m female as well), I have read from the Kuwait Labor Law as well that female are not allowed to go duty after 10 pm onwards, and should be given a transport for safety.
Now my question is:
- From the scenario given, did they violate any labor law that I can use somehow.
- If they’ll terminate me, can I be locally released and be given my licence (nurse) to transfer and work at different company? Because they’re telling that they will send me back to my country.
Answer: Yes, it is true that females are not allowed to work past 10 pm. However there is an exception to this rule when it comes to certain professions like nursing that provide very essential services.
What this means is that, the 10 pm rule is not applicable to ladies in such professions that provide such essential services. For the safety of ladies who find themselves working after 10 pm the law mandates their employers to provide them with transport to and from work.
Your employers are therefore breaking the law by not providing you with transport back home after you close at 10.30 pm. In additions, under the Kuwait Labour Law the maximum number of hours you are expected to work for in a day is eight and any extra time put in should be considered overtime and paid for. In this perspective, your employers will be breaking the law if they don’t pay you for the extra 30 minutes you put on daily.
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