Company Threatening To Transfer Residence During Notice Period Or Else Will File A Missing Person Case
Category: Legal
company-threatening-to-transfer-residence-during-notice-period-or-else-will-file-a-missing-person-case_kuwait

I keep reading your legal reviews and never thought I also would be asking for help. Please guide me.

I have been working for a private company for the past 14 months and I have been served the termination notice of 3 months.

Though the termination does not specify this move, the mandoub (company representative) has told me to transfer my residence before the expiry of three months or the company will file a missing persons report with MOI (Ministry of Interior) after 3 months.

Further, I was informed that all my dues will be cleared only after my residence is transferred.

■ What are the legal implications and can I take a stand on this?

■ Legally, am I entitled to receive indemnity, considering I have only completed 14 months?

■ Can I collect the indemnity (if any), leave pay, and, three month salary before residence transfer in case the company has a right to file missing persons report with MOI after the 3-month notice period?

■ Assuming I have not taken any leave during my tenure, will the leave salary be calculated for 14 months OR for 17 months (14 months of employment + 3 months of termination).

■ Will the leave salary be calculated Salary/26 x nos of leave days accumulated or Salary/30 x nos of leave days accumulated. The accountant states that it will be divided by 30 whereas the law says 26. What is the actual rule?

Name withheld

Answer: The company can’t threaten you by ordering you to transfer your residence within the notice period.

In fact the orders on the issue are that the company should keep your residence even while you are on the probation period with your new employer. And the report that the company is threatening to file against you is of “absconding” not missing.

It can’t do that and if it threatens you again file a complaint with the Labor Office in your area.

On the issue of indemnity, nearly all companies give it only after the transfer of residence to the new employer.

There is nothing new in this and don’t worry about the company’s threats. Fight back and complain against the firm.

Both the leave salary and the indemnity should be calculated for 17 months because the 3-month notice period is part of service.

The leave salary should be calculated by dividing the salary by 26 and multiplying the same by the number of leave days you have in balance. That is the correct rule.

 

SOURCE : ARABTIMES

03 Nov, 2016 0 1379
Posted Comments
Kuwait Local News
Kuwait Local News
Crime News New Rules Entertainment
Entertainment