If you’ve won a labor case in Kuwait but your employer still refuses to release your end-of-service benefits (Indemnity / Gratuity), you’re not alone. Many professionals face similar challenges despite clear rulings in their favor. Under the Kuwait Labour Law, the right to indemnity and unpaid dues is guaranteed and enforceable, even after termination. This guide explains how to protect your rights, enforce a court judgment, and take practical legal steps to ensure you receive what you’re owed without further stress or retaliation.
Question:
Dear Arab Times, I wish to seek your legal advice regarding the non-payment of my final settlement following a labor court judgment in my favor.
I was employed as an HR Manager at a famous hypermarket from December 3, 2017, to January 30, 2021. My employment was terminated in November 2020, shortly after I reported the Legal and Tenant Relations Manager for harassment of junior female employees. Unfortunately, instead of taking disciplinary action against the accused, I was dismissed from my role.
Following my termination, I obtained exit clearance signed by all departments and the company’s CEO. Despite repeatedly following up by email throughout 2021, my end-of-service dues (indemnity and pending salary) were not paid. I subsequently filed a case through the labor court and won the case after a full investigation by the expert department.
I personally delivered the final judgment letter to the company and continued to follow up for several months, but the management kept postponing payment. I emailed them again in October 2024, but received no reply. Later, when I approached the company’s lawyer, he stated he could not act until the company released the payment.
As I am currently pregnant and unable to continue following up in person, I have been reaching out through WhatsApp to the company owners. The owner replied that she was not responsible.
Given these circumstances, I respectfully request your guidance on how to legally enforce the court’s judgment and recover my rightful settlement, including any possible actions through the court execution department, Public Authority for Manpower, or other legal channels.
Thank you for your attention to my case.
Answer:
It’s a serious case of unpaid end-of-service benefits (indemnity) compounded by retaliation at work. Under the Kuwait Labour Law, you have clear rights, and there are structured steps you can take to enforce the court’s judgment. Here’s a detailed guide:
Legal Protections Under Kuwait Law
End-of-Service Indemnity (Law No. 6 of 2010, Article 51–52):
- Employees are entitled to full settlement (indemnity + any pending salary/benefits) at the end of service.
- This is non-waivable, and employers must pay even after termination.
Court Judgment Enforcement:
- Once you have a final judgment, the company is legally obligated to pay.
- Failure to comply can result in legal enforcement, including freezing company assets or bank accounts.
Protection Against Retaliation:
- Dismissal in retaliation for reporting harassment may qualify as unlawful termination.
- If you choose, a complaint for unfair dismissal could be filed, but your indemnity claim is already enforceable.
Step-by-step to Recover Your Rights
Step 1: Formal Written Demand
Send a formal demand letter referencing:
- Employment period
- Court judgment number and date
- Total amount due (indemnity + pending salary)
- Deadline for payment (e.g., 10–14 days)
- Mention that legal enforcement will follow if payment is not made.
Step 2: Enforce the Court Judgment
- Take your final judgment to the court execution department (Execution Department of Civil Court).
- File a request to enforce the judgment, which can include:
- Freezing company bank accounts
- Seizing company assets
- Official order to pay your settlement immediately
Step 3: Public Authority for Manpower (PAM)
While your case is already judged, PAM can help with:
- Confirming non-payment of labor dues
- Supporting enforcement action
- Ensuring the company cannot hire new employees without settling previous dues
Step 4: Legal Follow-up
If the company resists enforcement:
- A lawyer can petition the court for contempt of court
- The court can impose penalties on company directors for non-compliance
Step 5: Document Everything
Keep all:
Clearance documents
Court judgment
Emails, WhatsApp messages
Proof of attempted contact with the company and their lawyer
Recommendations
- Since you are pregnant, you may want to delegate enforcement to a lawyer to avoid personal follow-ups.
- Provide the lawyer with all documentation, including court judgment, emails, WhatsApp messages, and proof of attempts to collect payment.
- Enforcement via court execution is the most effective step — once initiated, the court can legally compel payment.
Visit our legal clinic section for answered queries. If you have a query, email us at [email protected]
