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Final Salary At The Time Of Resignation Category: Legal
Kuwaitlocal Kuwaitlocal

I joined my previous company on Aug 1, 2011. The salary mentioned in the offer letter was KD 750 as a complete amount, with an annual leave of 30 days and probation period of 100 days. The company stamped my residence on Jan 1, 2012 and to my surprise they had mentioned an amount of KD 600 only on the work. They used to give me KD 150 sometimes in cash and sometimes by cheque.

In 2013 they gave me an increment of KD 100. On Jan 18, 2015 I had sent a mail that I would like to resign and requested if I could be relived with only one month’s notice.

On Jan 19, 2015 I received an email from the company which stated that my resignation had been accepted. On Jan 20, 2015 the company sent me another email asking me to send a formal letter of resignation and with a relieving date of Jan 31, 2015.

Now my previous company has done a calculation and is instructing me to pay back an amount equal to 83 days for not serving my notice period — something about which they did not inform me in advance.

Please let me know how the company should handle me in this situation as they had agreed to relieve me without raising any objection to the transfer of my residence and now they are asking me to pay back my notice period amount of 83 days.

Please let me know what is the correct calculation. My final salary at the time of resignation was KD 850.

Name withheld 
Answer: We answered this question very recently but just in case you did not see the Arab Times on that day the same is being republished for your information. You are not making things very clear. From your letter it seems that you were paid your salary for the additional 83 days of the notice period that you did not serve.

If this is the case, you are obligated to return the salary that you received for this period. On the other hand, if you are trying to say that the company is just asking you for payment for the unserved period of the “ 3- month notice period” then the company is wrong on the issue.

The company allowed you to leave earlier and did not even ask you to serve the one-month notice period you had requested. So, the company can’t ask you to pay for the 83 days. If it had wanted the payment it should have asked to for it when it accepted your resignation. It should have said clearly that you had to pay for any duration of the unserved notice period. If the company insists on the payment, you should file a complaint with the Ministry of Social Affairs and Labor, through the Labor Office in your area.

Source - Arab Times

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

Report 0 16 Apr, 2016, 05:14 PM
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16 Apr, 2016, 05:14 PM
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