fbpx

Termination Without Reason

Termination Without Reason

I have a concern about my current situation here in my work. They terminated me without any reason and as far as I remember I don’t have any issue or violations from their rules and regulations and I have been working with them for almost a year with a 2 years contract when they suddenly terminated me.

My previous company told me that they would give me a release and my visa was transferable and the indemnity I will receive is only 30 days of vacation leave only.

Here’s the thing: When I applied to join a different company the recruiter said that my visa is not yet transferable because it’s new. By the way, I came to Kuwait last November 2018 but I had my civil ID in June 2019 and that will expire by June 2020.

They issued it to me very late. I’ve been working with them since November 2018 to June 2019 without a civil ID and Baladiya. It means I’ve been carrying my Civil ID for about 3 months now from the date issued. How can I apply for a job in a different company if I have an issue with a visa? Can they really terminate me without any reason? Even if I have a 2 years contract with them? Why my back pay is only for 30 days of vacation leave only? I’m having a hard time applying for a job in a different company due to this issue. Hope you can help me. Thank you!

Name withheld

Answer: You have been put into this mess by the company which hired and fired you so let them deal with the mess that they themselves have created. In this regard, they have to keep you under their sponsorship to such time that it will be possible for you to do the transfer to another company.

As for being fired without assigning any reason, it is within the company’s right to do so and in a similar vein, the law enjoins them to make sure that your rights are not violated.

This means that the company must give you a reasonable time within which to transfer your residence as well as pay you all that is due to you.

Since you have worked with them for one year, you are entitled to two weeks’ salary as the end of service payment in addition to 30 days salary in lieu of the leave that you did take. If the company tries to prove recalcitrant we advise that you file a case against them at the Public Authority for Manpower to seek redress.

SOURCE : ARABTIMES

Get a Better Job with CONS! Apply through your Smartphone, download CONS App now on PlayStore or AppStore

Transfer From Project Visa 18 To Private Visa 18

Transfer From Project Visa 18 To Private Visa 18

I came to Kuwait on a direct company visa (project visa No. 18). My profession is a foreman and my salary is more than KD 600 per month. Having worked in this company for more than four years, is it possible to transfer from project visa No. 18 to private visa No. 18 if yes, could you please explain the procedures? I heard it is possible, but is that true? Kindly provide me with the correct information concerning the relevant law and regulations.

Answer: Under these scenarios which go with different fees charged, one can affect the transfer of visa. If you were originally brought to Kuwait on a project visa by your current company, the laws say that you can transfer only to another project visa of the same sponsor, or another project visa of a different sponsor if the current project has been completed or to the general file of the current sponsor under which if your sponsor has no objection, you can transfer to a private sector company. In short, there cannot be a direct transfer of government project visa to private sector company visa unless you first of all transfer the project visa to the general file of the sponsor and from here the possibility exists of transferring your visa to a private sector company visa after the payment of a fee.

SOURCE : ARABTIMES

Get a Better Job with CONS! Apply through your Smartphone, download CONS App now on PlayStore or AppStore

How to Calculate Your Indemnity in Kuwait?

How to Calculate Your Indemnity in Kuwait

There are different terms used in law and by the general public to refer to Termination Indemnity, some of our readers use “End of service benefits” and termination indemnity interchangeably, and because I want to make this as simple as possible I will not get into the specifics of each term and instead just use “Termination Indemnity”.

I decided today to write about termination indemnity as I have received multiple questions on the matter. I put together the most frequently asked questions, in hopes that my readers could benefit from reading the answers.

1) My company refuses to pay termination indemnity, claiming that termination indemnity is only for foreigners, is this true?

Everyone working in the private sector should be considered for termination indemnity, regardless of their nationality. Unfortunately, from experience, I can tell you that some companies are very sneaky when it comes to paying termination indemnity for both Kuwaitis and in-Kuwaitis.

I know of big million companies that unlawful claim to their Kuwaiti employees that are not entitled to termination indemnity because the company is paying their social security. That is not true. Social security is a Monthly payment that companies and employees each pay a percentage of every month. Companies are legally required to pay a certain percentage of the full social security amount. If the company decides to pay the full amount that is their choice, so unless there is an agreement that the company will pay on benefits of the Kuwaiti employee and therefore deduct those payments from the termination indemnity, those companies need to pay up.

2) If I terminated my contract, do I still deserve termination indemnity for the years that I have worked?

The answer to this question depends on the type of contract as well as how many years of service you have with the company. if you end a fixed-term contract you could possibly owe the company money and therefore that will be deducted from your final termination indemnity. With that said, after three years of service, your contract shall be considered legally as an open term contract, even if your contract is a fixed term.

If you have less than three years of service, you don’t deserve termination indemnity regardless if your contract has a fixed term or not. As for employees that have more than three years of service, please read the answers to question 3.

3) How do I calculate my termination indemnity?

Although usually lawyers don’t do the calculations and allow accountants the honor of crunching in the numbers, I think the formula to calculate your termination indemnity can be mastered by anyone. I will try my best to explain in the simplest of forms in a table that is easy to read. This is for employees that get paid on a monthly basis, which from experience is the most common method of payment in Kuwait.

Indemnity Law in Kuwait

Article By: Attorney Fajer Ahmed

Get a Better Job with CONS! Apply through your Smartphone, download CONS App now on PlayStore or AppStore

 

Bringing Mother On Visit Visa And Age Limit

Bringing Mother On Visit Visa And Age Limit

Name withheld:

I would like to know if I can bring my mother on a visit visa. She is 69 years old and a Widow. My father expired in 2014, she is alone in India with no one there to take care of her. My family is in Kuwait.

Answer: If your salary per month is KD 500 or more you can invite your mother to Kuwait on a visit visa for a period of one month. On the other hand, if you are thinking of a dependent visa as the tone of your writing suggests, we are not in a position to give you a conclusive answer as we recently carried a news item indicating cancellation of the opportunity offered to sons to sponsor their parents on dependent visa. The anchorites concerned have neither confirmed nor dismissed the authenticity of this news item hence our inability to be definitive in our advice on the issue.

SOURCE : ARABTIMES

Get a Better Job with CONS! Apply through your Smartphone, download CONS App now on PlayStore or AppStore