I have been working in Human Resources field for the past four years in Kuwait. I'm employed to one of the leading Oil and Gas Construction Companies in Kuwait. This company has more than 10,000 employees.
Basically, my job is more on the end process of hiring (joiners) and processing the required documents for leavers -- resigned, terminated and dismissed employees.
In the process of doing my job, I met a lot of questions more from the leavers than the joiners (applicants).
The most frequently asked questions were about "notice period" and "end of service benefits" (EOS). Belew are some of the questions:
1. How many months (notice period) required to work, after submitting resignation?
2. Do I need to finish the required three-month notice period?
3. If I will not work for the required notice period, is there a penalty?
4. How much pay I will get if I worked for three years? Five years? Or more than 10 years?
Apart from the above questions, a lot were also being asked, wherein answers were covered under the Kuwait Labor Law of the Private Sector No. 6 of 2010. I assumed that few might not able to read the Kuwait Labor Law that is why these common questions were asked.
Instead of giving answers to those frequently asked questions, I provided a link to the existing Kuwait Labor Law. Please click the link, and it will lead you to the document: http://www.arabtimesonline.com/LinkClick.aspx?fileticket=dv%2FnyhXr3Kk%3D&tabid=57. This is a downloadable format wherein you can save on your computer. You may need legal advice in interpreting the law. But in general, the answers to those questions above where clearly stated.
(Recommended further reading: In order to clearly understand the Kuwait Labor Law in the private sector, I recommend to all the readers of this post, to visit the article of Fajer Ahmed posted on 248am.com. The article has an easy-to-understand table that outline the most important and frequently ask articles in the Kuwait Labor Law.)
Basically, my job is more on the end process of hiring (joiners) and processing the required documents for leavers -- resigned, terminated and dismissed employees.
In the process of doing my job, I met a lot of questions more from the leavers than the joiners (applicants).
The most frequently asked questions were about "notice period" and "end of service benefits" (EOS). Belew are some of the questions:
1. How many months (notice period) required to work, after submitting resignation?
2. Do I need to finish the required three-month notice period?
3. If I will not work for the required notice period, is there a penalty?
4. How much pay I will get if I worked for three years? Five years? Or more than 10 years?
Apart from the above questions, a lot were also being asked, wherein answers were covered under the Kuwait Labor Law of the Private Sector No. 6 of 2010. I assumed that few might not able to read the Kuwait Labor Law that is why these common questions were asked.
Instead of giving answers to those frequently asked questions, I provided a link to the existing Kuwait Labor Law. Please click the link, and it will lead you to the document: http://www.arabtimesonline.com/LinkClick.aspx?fileticket=dv%2FnyhXr3Kk%3D&tabid=57. This is a downloadable format wherein you can save on your computer. You may need legal advice in interpreting the law. But in general, the answers to those questions above where clearly stated.
(Recommended further reading: In order to clearly understand the Kuwait Labor Law in the private sector, I recommend to all the readers of this post, to visit the article of Fajer Ahmed posted on 248am.com. The article has an easy-to-understand table that outline the most important and frequently ask articles in the Kuwait Labor Law.)
Hi, when amensty going to open? one of my cooworker have problem bcoz his visa already expire and his sponser also make cause aginst him. He is very poor man and back home countery also have some problem and he want to go back to home country and see to family and childrien? i want to know when amensty going to open and what he need to do?
ReplyDeletethanks
Actually i just wanna know that How many months required to work, after submitting my resignation?
ReplyDeleteSecond question is I need to finish the required three-month notice period
And the last question is, If I will not work for the required notice period, is there a penalty like to pay 3 months salary. Please give the answers ASAP. Thanks
As per Kuwait Labor Law, you are required to work for the three month notice period. And if you will not work for the three month notice period, it is up to your employer if he would like to do so. Under the law the employer has the right to impose penalty for the notice period not serve.
ReplyDeleteThere is a law in Kuwait dealing with husband and wife relating to spouse going to Kuwait without consent or approval of the other, I tried to look it up but the term is not english, its pronunounced Kukume Kuwait. Do you have any information on this law, or the correct name?
ReplyDeleteActually ang medyo familiar po ako ay yong tungkol lang po sa labor law kasi sa HR dito ang work ko. Pero apart from labor law, di ko na po kabisado ung iba.
ReplyDeleteI am working more than 7 years under same sponsor.As per the visa my job title is mechanic but I am working as office administrator.Recently I got new offer letter from other company with better offer as per my qualification. I didn't inform this matter to present sponsor.I am planning to get 10 days vacation then make no show no call..As per the law after 7 days the employer will terminate me..According to the condition can I get release from present sponosor.?.In the new job I need to join early..If I willing to get release whether the sponsor can prevent or send back to india? My visa 18 M..Please reply soon
ReplyDeleteHi sir, I'm working in Kuwait for 14 months as a salesman in a company. I'm hired directly from abroad for a period of 2years. I'm a degree graduate and attested all my certificates in Kuwait embassy so I will get a release after two years service?? Eagerly waiting for your favourable reply. Thank you.
DeleteThere's a new rule now that says: if you came to Kuwait through government/project visa, you can not transfer to a private/permanent company visa, even if you are a degree holder having attested degree certificate. But if you arrive from private/permanent file visa, you can be released after a year if you have degree certificate (attested) and after 3 years if you don't have degree certificate. This applies if you transfer to private/permanent file visa.
DeleteMeaning:
Private to private - Transferable
Government to government - Transferable.
Any official changes or update with this matter?
Deletehttp://news.kuwaittimes.net/project-workers-can-transfer-visas-to-different-employers/
I'm currently working under Gov. Project Visa, and on september 2015 my visa will be expired.
My very first visa was 20 visa, then 18 Gov. Project Visa, then 22 Visa then 18 Private Visa then currently 18 Gov. Project Visa...
When I read the news I was relief, but couldn't confirm the truth or legality of this news.
Please kindly advise...
http://www.kuwait-today.com/transfer-work-permit-after-3-years-without-sponsor-approval#comment-2604
Hi sir! I just want to ask something about my case. I am a degree holder, was hired abroad since 2009 and am now working in our company for 4 yrs. i renewed my contract for another 2 years just recently but my plans have changed and i've decided to resign. Unfortunately, my employer doesn't want to accept my resignation.
ReplyDeleteMy question is, is it legal? Is it really the employer's prerogative either he will accept or not the resignation if the employee has not reached 5 yrs in the company? Is it under the Kuwait Law? if so, will you kindly give the article of the said law..
Your kind reply will be highly appreciated. Thank you.
Im termenate my employer my compamy told me work me 3month my visa expired me in 3month also. I looking now work a other company ask the hr to my paper realize im local here what can do now please answer by email thank you so much
ReplyDeletehi i have simple question need simple answer but detailed. i am recently working almost 2 years and 9 months to be exact. and i past my resignation at same month giving three months notice as respect and find replacement for my position, but my resignation rejected, im becoming three years exactly f i finish my three months notice, my question is? am i eligible to file a case to the shoon? and can i ask for release even f i'm not complited three years?> pllss... anyone answer my questioned.. thnks...
ReplyDeleteask again, what should i do if they still refuse to accept ny resignation paper, im sopose to be serving my three months notice, just to fnish my 3 years, what is the best solution to my case? do i have the right to complain in shoon? please need advise, i higly apreciated,
ReplyDeleteYou should complete 3 years first. And from that date you give again your resignation, then start counting 3 months.
ReplyDeletehello to everyone..
ReplyDeletejust want to ask if I want to resign even though im only 5months in my company and I will ask them for my 3months notice period total 8months . what will happen is there any problem?
or do I need to let them terminate me
Sir/Madam,
ReplyDeleteG00d Day!
I am w0rkng as a Family Driver f0r 0nly 5 m0s.,
and i am planning t0 resign w/in this m0nth 0f
May 2014,because the aggreement of the
c0ntract that was being signed and agreed by
both parties are n0t being f0ll0wed & 0bserved.
My questi0n is, What if my Empl0yer will n0t accept
my resignation? Where sh0uld i g0? What will be my
next step? Can y0u please send me a reply thru my email
Ad.?
Thank y0u & M0re P0wer!!!!
Very Truly Y0urs,
J0EMAR
Hi! My question is "if I am moving from 1 company to another, both within Kuwait, how is the transfer of visa processed? I currently hold a working visa.
ReplyDeleteDears,
ReplyDeletePlease suggest me on my issue,
I was working in one company and I resigned because of another offer and the company refused to release and finally they told me to leave the company on the same day when I resigned. these all through mail only and the HR department sent mail that I will get all my payments as per labor law. But the company refused to pay my notice period amount (mine is open contract and am getting monthly salary ,am IT Professional) .I approached to lawyer and finally the Expat Committee gave that am not eligible for notice period amount and they will give only my leaves amount. But am not clear that how I am not eligible for 3 months’ notice period.
Kindly i need suggestion from you to proceed further.
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ReplyDeleteI m working as sales assistant. I am graduate from a university. I came here in kuwait about 11 months ago. I heard about release from friends that after 1 yrs I can get release because of degree holder. Is it true. My nationality is nepali. If so how can I get release and do I need to attach my education certificates... pls send me detail... nirmaldahal193@hotmail.com
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ReplyDeleteDear Sir,
ReplyDeleteI need more clarification,Please suggest that am i eligible for 3 months notice period amount .in my case i resigned and on the same day the company sent mail that today is last day.so in this case am i eligible to get my 3 months notice period amount.
Thanks in Advance,
i came here in january 2013 bt my boss made lqmah after 6 month which means i made. ayr in jan 2014 i want release becouse of harrashment and misstreating. and i want 2know that new law is dealing with newcomers or even those with lqmah before the law thx sir allah ble
ReplyDeletess u
My reply was sent to your inbox.
ReplyDeleteHi , well i have filipina friend , she work in a cafe and her boss abusing. She is not happy with how he treat them . They dont get day off and they work 12 hours and when not in duty they get locked in the apartment and not allowed to go anywhere just like animal in cage , he refused to cancel her visa and let her go he is demanding 8 thousand kuwaity dinar ( 8000KD) to let her go , he is holdin her passport. He have anger managment problems and sometimes he piuy a hand on her to hurt her and make her aafraid. .. She wants to go back to her home .. Its a long story i cant write it all .. She didnt finish a 1 year yet .. How can she go back to home? Any solution will the embassy of philipines help her?
ReplyDeleteWhenever an employee feels he don't want to work any more. To resign is always an option. In this case, wherein based on your statement above, there is violation committed by the employer. Proper action to report to the authorities should be made. I hope this helps.
ReplyDeleteHi, can you please give me advise about my resignation, I only gave 1 month notice to my company due to personal reason, Im almost 5 yrs in the company this coming August. H.R informed me that they will deducted from me 2 months salary because under kuwait labor law i need to give 3 months notice, im aware of this law , but my question is this law also applicable to employee that will terminate/cancel the visa and leave the country for good?
ReplyDeleteYour advise is highly appreciated.
My reply has been sent to your inbox.
ReplyDeleteGreetings!
ReplyDeleteI just wanted to seek advice about kuwait labour law regarding release from employment. I am a Filipino working in a Health Spa for men, and i was locally hired. My working visa was transferred last September 2013. Unfortunately, the spa that am working with was relocated because the owner of the building refused to continue the rental/lease contract. My employer then looked for another place,and besides he just took over another spa and decided to transfer my working visa to the existing sponsor of the said spa. This month My visa was transferred unwillingly (i refused to take my new civil id) because prior to that i have already informed my employer regarding my intention to transfer employment. He refused to do so and kept on insisting that if i don't want to work with him, he would rather send me back to the Philippines because he will never give release. I joined this kind of job because the person managing the spa is a relative of my dear friend, who promised to give me immediate release if i asked to. But due to some circumstances he was terminated before the said transfer...Its been two weeks since i stopped working because the son of my employer beats me cause i keep on insisting transfer... Can you give me clear advice regarding this matter, because someone told me that I was locally hired so I am eligible enough to request release from my employment since I am working with them for 10 months now. I really do need advice.. Thank you
Hi, on december 2013, i went back to the Philippines for a vacation leave, however, I decided not to come back any more so I emailed my employer a resignation, my visa will expire on July but will be nullified this june as I am technically out of Kuwait for 6 months now. My wife's employer has given her a benfit of providing a visa for me to come back to kuwait again. My question is, does my previous employer have any right to do anything with me if in case he or any one in the company see me back in kuwait? I checked my civil id status at paci and it holds no records except that it will be nullified very soon. I am afraid my previous company can do something if they come across me one time.
ReplyDeleteMy opinion has been sent to your inbox.
ReplyDeleteGood day!!!
ReplyDeleteI just want to ask if my husband will file his resignation this June 24 2014 and his joining date is November 18 2007 in the same company.How much will be his indemnity with a salary of KD400.
Please send me details bhabyqoh_22@icloud.com
Thank u and Godbless!
Thank u!!!
ReplyDeleteI am a graduate. I am getting an good offer in another company. Can I get release in one year. Please suggest me. Hope u will inbox me regarding this.
ReplyDeleteHi I heard a news that the release for your company is 1 year only.before its 3 years..can I know if this news is true?thanks and more power..
ReplyDeleteSir is it possible to terminate employee that is local transfer employee within 1 year after his probation period finished, without correct reason. Actually I worked in catering fr past 8 years as cat. supervisor. I take release from alradwan and joined in a popular contract company as catering supervisor. They only pressured me and take me there. They told my salary 300 KD per month. But HR Manager one lady she told they will give only 250 KD up to probation period finished. They ask me to work on Fridays. Up to now they didn't give any overtime for that. Now without any correct reasons they sent me termination notice. My civil id date 05-01-2014 and up to 2016. This company spoiled my carrier. My family depends on me only.If there is no work our family have to suicade. Now my question is it possible to terminate within one year? or wt can i do? is there possible to get any benefits? and hw. or can i put case on this company bcs nw i need work.i wt to do something to tis company bcs they spoiled my entire life. pls guide me.
ReplyDeleteHi, an employer has the right to terminate an employee anytime due to redundancy. The same way an employee can resign anytime. But under the Kuwait Labor, both resignation and termination has 3 months notice period.
ReplyDeleteWhich means: If an employer terminates an employee -- the employer should give three months notice period to the employee -- for him/her to look for a new job. If the employer wants the employee to stop work immediately after terminating an employee -- the employer should give the employee 3 months salary plus end of service benefits. The same manner, when an employee resigns -- he/she should render 3 months notice period so that the employer have time to look for his/her replacement or train the replacement. But if the employee wants to stop work immediately after tendering his resignation -- he/she should pay an amount equivalent to three months salary.
I hope this helps.
Hi, My husband has registered a case in the labour ministry for a release which is still going on, his residence expired and the Labour minsitry gave him a three months extension, which is valid till September, as my kids are under his sponshorship can i travel with the kids on Holiday. Please note my kids have their residence valid till 2015
ReplyDeleteSir can you please give me an idea wheather it is 3 years or 1 year for the release.coz I read a news that only 1 year of service to your company and you will be release.please I need your opinion for this matter..thanks.
ReplyDeletehi ramadan kareem i joined the company feb 26, 2011 then im a graduate of bs computer engineering a five years course then im planning to resigned,but our company told us that the release is 5 years,please advise whats the best to do im in kuwait thank you...
ReplyDeleteI sent my opinion to your inbox.
ReplyDeleteHi! I think the same question you have, has been answered in one of the comment threads in this article. Please locate that one and read accordingly. Thanks!
ReplyDeleteI inboxed to you my opinion.
ReplyDeleteDear sir, iam working in hose boy.iam finishing now 3 year.ineed go to releas or cancelled.what ido.....if i make cancell how many months ban me in kuwait ..pls replay for me
ReplyDeleteHi! I am and expatriate here in Kuwait and I arrived here last April 13, 2013. I have a 2years fixed contract with my employer. After serving more than 1 year of my contract, my employer decided to terminate me even if I have not finish the contract yet for the reason that to transfer me to another company that he also owned. I have learn from reading the Kuwait labor law that I am entitled to a "termination Indemnity", if that's what it is called. I would like to seek your opinion regarding this matter. I would also like to know if it is true that I am entitled for "termination Indemnity", how is it going to be computed.
ReplyDeleteLooking forward to hear from you soon.
Thanks..
My opinion has been sent to your inbox.
ReplyDeleteWhich Inbox sir?
ReplyDeleteI have not got any message from you sir. Can you send it to my email, if its ok? jerahmeelc@gmail.com
ReplyDeleteHi! I just need an advice please. I recently joined on my current company last june 1st,2014. But they did transfered my visa on april 29,2014, which date are they counted april or june? And if i want to file my resignation now is it possible? They said as per kuwait labor law we have three months probation period. I need your advice please! Thank you !
ReplyDeletehello sir i get release by court after nine year now i al work anotger compnay this compnay not fallow the ruls of kuwait i am degre holder stil i complete three month can i get release now what is procedure tp get release
ReplyDeleteI have been working for 6 years to company i joine company sep3, 2008. My salary 360 kd. How they will calculate my indimnty? Your reply will great help to me on this matter
ReplyDeletegood day I want 2 know how to check if u have cases in shoon through internet thank you!
ReplyDeletewww.kuwaitcourts.gov.kw
ReplyDeleteGood day,
ReplyDeleteI'm a degree holder...i want to cross in another country...is it possible for me to release by tne company?
Di na po kailangan ng release. Mag resign lang po kayo.
ReplyDeleteDi ba ako magbabayad nun sir?
ReplyDeleteKac d pa tapos contract ko,
Thanks po,
Kung mag resign ka ngayon at titigil ka sa pag trabaho bukas, as per labor law magbabayad ka ng three months equivalent sa sweldo mo sa iyong company for notice period not serve. Pero kung mag serve ka ng notice period na three months syempre wala kang babayaran.
ReplyDeleteHi can an employee leave Kuwait after serving only 1 month notice period. Initially the company agreed to release but later refused. However, the employee want to go back to his home country but afraid if there is any penalty?
ReplyDeleteThe employee that resigned should render three months notice period. If the employee don't want to serve notice period, the employer has the right to apply penalty for notice period not serve.
Delete