I have read your previous posts about the calculation of the end of service indemnity as per Article 51 of the Kuwait Labor Law.

That is the 15 days per year for the first five years of service shall be paid out based on 26 working days per month, or effectively a six-day working week.

For five (5) years of service, the indemnity is computed as 75 days/26 = 2.88 months remuneration and this is the current stance of my employer.

However my employment agreement clearly defines my working week as “five (5) days, 48 hours workweek from Sunday to Thursday (9.6 hours per day)”.

Given that I work five (5) days per week and not six (6), do I have an argument that my per annum indemnity should instead be calculated based on three (3) working weeks (15 days per Article 51 / 5 days per working week)?

For five (5) full years of service, this methodology would see me receiving 3 weeks/year * 5 years = 15 weeks remuneration instead of 2.88 months.

It is interesting to note that my 30 days annual holiday has been granted to me by my employer based on a five (5) day working week rather than the 6-day working week – so I have been receiving six (6) full weeks of holiday per year.

The employer’s historical calculation of my annual leave days is not consistent with their current stance regarding the indemnity.

Please also note that I was given my 3-month notice by my employer due to project completion and I did not resign.

Name withheld 
Answer: The employer is correct in the calculation of the indemnity because according to Article 67 of the Kuwait Labor Law you are required to work 6 days a week and get one day off.

Now the law allows companies to have a five-day working week and the companies do this by equally dividing the 6th day’s working hours over the other five days.

This effectively means that you have a 6-day working week, according to the law. You are lucky your company is calculating your annual leave according to a 5-day working week. It would not be wrong if it gave you only 30 working days leave, according to a 6-day week.

You see any employee is entitled to only one day off every week and only 30 working days paid leave every year. The company can give you more than 30 working days, not less in any condition, if it so desires but it is not bound to do so unless you have a contract which says otherwise.

The contract, after a mutual agreement, can specify more than 30 working days annual leave. In every condition, unless otherwise specified, you are entitled to only 15 days pay as indemnity for each of the first five years of service, which after being divided by 26 (because a working month has defined as 26 days, not more, not less) works out to 2.88 months pay.

So, the employer is correct.

Now, coming to the payment of the annual leave — regardless of how it is being calculated, on a 5-day or 6-day week — you will find that you are being paid for only 30 working days per year, not even a day more.

You see, if calculations were based on a 5-day week for calculation of payment for annual leave the 30 days would first have been divided by 22 instead of 26 as your employer is doing. The employer is only giving you one extra day off per week, he is not paying you more.

Secondly, you are still working 48 hours a week and under the law you cannot be made to work over 8 hours a day.

Your one day’s 8 hours have been equally divided over 5 days to enable you to have a 2-day weekend. So, practically you are still doing a 48-hour week regardless of how many days weekend you are getting, so the employer is right in his calculation of your service indemnity.

And lastly on the question of your services having been terminated because of completion of your project, you are entitled to full indemnity regardless of your period of service. This will be based on 15 days pay for each of the first 5 years of service and one month’s pay for each year of service after the first 5 years.

We would like to stress again that the 75 days of the first 5 years will be divided by 26 to give you 2.88 months pay as indemnity for that duration and one month’s pay for each year of service will simply be added to that total.

Had you resigned you would have been entitled to only half the indemnity if your service was three years or more but less than five years; you would have got two-thirds indemnity if the service would have been five years or more but less than 10 years ; and the full indemnity only if your service had been 10 years or more.

Source - Arabtimes
Note - All the answers were provided by Arab Times Legal Clinic.

I would like to ask you about my driving license.I got my driving license in January 2015 and I came Read More... to the country on a driver’s visa. After some time I got a job in a multinational company. They changed my job status on my residence to “distributor”. My license will expire in 2 months.My question is this: Can I renew my license?Name withheldAnswer: No, you will not be able to renew your driving license. The reason is simple. About two years ago, the Ministry of Interior issued a decision that expatriates who obtained driving licenses when their job status on their work permits was “driver” would have their licenses cancelled or would not be able to renew them if their status on the work permits changed. “Drivers” was one of the four categories which came under the hammer.The others being students, housewives and mandoubs (company representatives).So, if expatriates from any of these four categories has obtained a driving license because these categories were mentioned on their work permits, they stand to lose their licenses once these categories are changed.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic .

I just want to get some legal advice because my absconding case is at a dead end… it can&rsqu Read More... o;t be cancelled and I have found out that there is no other way for me to solve the problem, other than to wait for amnesty or surrender to the police and be deported.Okay I accept that now, and I am looking for an opportunity in Dubai, so if I surrender and am deported, will I be allowed to travel directly to Dubai or must I go back to my country of origin?Name withheld Answer: Unfortunately, the laws on absconding cases totally favor the sponsor, even if the employee is right…he will be punished because the sponsor has filed an absconding case against him. The only way out of this situation is an amnesty, although there are no signs of it so far on the horizon. If you are deported it will be to your country of origin and not to any other place.Please remember that once you surrender yourself the law will be lenient on you and “could” allow you to return after a year but if you are arrested and deported you will never be allowed to come back to Kuwait.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I have been working in a private construction company for last 12 years, came directly from India on Read More... a project visa. Now I got a good opportunity and the company has already given me the transfer letter.But the new company is unable to transfer the visa, as the Ministry of Social Affairs and Labor has rejected the transfer letter which was submitted about 2 weeks ago.This was my first transfer from project to project visa under another contractor. I am very much worried and… is it possible to transfer my residence locally.Name withheld Answer: Because of the current very strict restrictions — imposed in January this year — on the transfer of government project visas you can currently only transfer to another government project and not to the private sector.As the government is not, at the moment, keen on relaxing the rules, the only option you have is to cancel your current residence, leave the country and return on a new visa. So try to find another company which has a government project and transfer to that firm.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I have been working for a company since 7-1/2 years and now I have resigned. I had given a 3- month Read More... notice and company accepted the resignation and relieved me in month’s time. Am I eligible to get the remaining 2 months notice period salary in this case from the employer? I am awaiting your advice in this aspect.Name withheldAnswer: According to the Kuwait Labor Law, the 3-month notice period must not only be added to your service, but you must get all the salary for this period even if the company allows you to go earlier. In this case please refer to Article 44(d) of the Kuwait Labor Law which states as follows: “The employer may exempt the employee from work during the period of notification but shall count such period within the worker’s period of service. The employer shall pay the worker all his entitlements and remuneration for the period of notification”. So, you must be given the salary for the two months and if the company refuses to do so, you should file a complaint with the Ministry of Social Affairs and Labor, through the Labor Office in your area.Source : Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I am a US citizen currently visiting my parents in Kuwait. I have come here on a visit visa. I have Read More... repeatedly inquired whether I can drive on my American driver’s license in Kuwait, to which I have been told that I am legally allowed to drive on the same as long as I am on a visit visa.However, with the new laws/rules, I would like to be sure if a valid US Driver’s License is considered as an International License? And if I am legally allowed to drive on the same. Your informed advice in this regard will be greatly appreciated.Name withheld Answer: No, you can’t drive in Kuwait unless you have an International Driving License because the ordinary American Driver’s License is not considered as one. So, you have to get an international license to drive in Kuwait. Please remember that you can use that license only as long as you are on a visit visa.Although the American Driver’s License allows you to drive in many countries (even though you still have to get an International Drivers Document, which is just a translation of your American license into 16 different languages), the same is not the case in Kuwait. So you have to get an international driver’s license.You can only apply for your international driving permit through the American Automobile Association (AAA) or the National Automobile Club (NAC). You will need: A completed IDP application: AAA application. NAC application. Avalid driver’s license issued by your state DMV (Division of Motor Vehicles). 2 photos (must be passport-sized). The backs of the photos must show your signature. Payment for the applicable fee. You must be at least 18 years old to apply for an international driving permit. You can apply for the above by mail in most cases, and you may even be able to apply while traveling abroad. Contact the AAA or NAC in your area for more details.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.