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My old employment contract ended on Feb 28, 2019 & file closed. My employment started under new employment contract with same employer in the month of March 2019 & I signed my employment contract on March 2, 2019. As per terms in employment contract & job offer letter, I am on probation period of 3 months. I got good opportunity in UAE & I am willing to relocate to UAE.
The company in UAE wants me to join within 45 days from date of my resignation. I submitted my resignation to company on May 21, 2019. Please see my questions below:
1) Is it required to serve 3 months notice period to employer?
2) Can I exit Kuwait without cancelling my employment visa & family dependent visa?
3)Do I need to cancel my family residence visa before they exit or it will be automatically cancelled?
4) Is there any problem of getting UAE visa for me & my family, if I don’t cancel Kuwait residence visa.
Answer: The idea behind the notice period is to give the employer suitable time to get a suitable person to replace the worker who is resigning or to make the necessary adjustments in order that work flow will not be affected negatively. A worker who is fired is similarly given the notice period to be able to work for a new job.
In this perspective, if your employer insists that you do the three months as mandated by the law, you have to live up to this legal requirement you to compensate the employer for all or part of or failing that the law requires the notice period you could not fulfil.
Coming back to your specific question, we will say that since you have already signed the contract with your current company, you are bound to serve the three-month notice or compensate the company in lieu of the notice.
However, if in the contract that you signed there is an escape clause for you during the probation period, then the three-month notice period will not be applicable to you.
As regards cancelling your visa and that of your family before exiting Kuwait, the law requires you to do so and you will be breaking the law if you didn’t and if in future you seek to return to Kuwait you may face some problems..
As regard a problem with UAE visa vis-a-visa how you deal with your visa issues in Kuwait, we are not in a position to provide an answer but can however, state that the GCC Member States have some common and linked labour rules and punishments meted out for contravention of these rules and applicable within the jurisdictions of member states.
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