How to Claim Indemnity in Kuwait?
Private sector workers in Kuwait have the right to claim end-of-service Indemnity according to specific controls and conditions, provided that the amount of this reward is calculated according to the number of years of service and the worker’s salary.
Table Of Contents
- 1 How to Claim Indemnity in Kuwait
- 2 Conditions for Claim Indemnity in Kuwait
- 3 Value of Claim Indemnity in Kuwait
- 4 Questions & Answers
- 4.1 My employer did not give me end-of-service Indemnity, What should I do?
- 4.2 Can a resident claim Indemnity in Kuwait?
- 4.3 Is the worker required to renew the contract to claim Indemnity in Kuwait?
- 4.4 Can I claim Indemnity for paid leave in Kuwait?
- 4.5 How is the value of paid leave Indemnity calculated?
- 5 References
How to Claim Indemnity in Kuwait
End of service Indemnity can be claimed in Kuwait amicably from the employer. In the event of refusal to pay the gratuity, the worker has the right to file a lawsuit with the Court of Cassation to claim the Indemnity specified in Labor Law No. 6 of 2010 regarding work in the private sector, in Article 51 thereof.
See More: Indemnity Calculation after 5 Years | Indemnity Calculation for 2 Years Salary | Indemnity Calculation After 10 Years | How to Calculate Indemnity
Conditions for Claim Indemnity in Kuwait
Below you can find out the Conditions required to claiming Indemnity in Kuwait: [1]
- The termination of the employment contract have to not be the result of a mistake made by the worker that resulted in a significant loss for the employer.
- The termination of the employment contract have to not be due to the worker’s fraud in obtaining the job.
- The termination of the employment contract have to not be the result of the worker disclosing the secrets of the establishment, which caused it a loss.
- The termination of the employment contract is required by the employer or due to the expiration of the contract without renewal.
Value of Claim Indemnity in Kuwait
The end-of-service Indemnity can be claimed in Kuwait in full in the event that the contract is terminated by the employer or due to the expiration of the contract or due to the declaration of bankruptcy of the company or establishment in which he works, while the worker is entitled to half the value of the reward in the event that the contract is terminated by the worker and the service period is not less than three years and does not reach five years. However, if his service reaches five years and does not reach ten years, the worker is entitled to two-thirds of the Indemnity value. However, if his service period exceeds ten years, he is entitled to the full Indemnity value.
See More: Indemnity Calculator | Indemnity Law
Conclusion
The labor law in Kuwait has treated both the worker and the employer fairly in terms of defining the duties and rights of each of them, and has also determined how to calculate the value of the Indemnity based on the worker’s service period and monthly salary.
Questions & Answers
My employer did not give me end-of-service Indemnity, What should I do?
The worker can file a lawsuit against the employer if his service ends without giving him an end-of-service gratuity.
Can a resident claim Indemnity in Kuwait?
A resident can claim end-of-service Indemnity from the employer when his contract ends.
Is the worker required to renew the contract to claim Indemnity in Kuwait?
The worker is not required to renew his contract to be able to claim end-of-service Indemnity in Kuwait.
Can I claim Indemnity for paid leave in Kuwait?
Yes, the worker can claim Indemnity for unused paid leave.
How is the value of paid leave Indemnity calculated?
The value of paid leave Indemnity is calculated by multiplying the daily salary by the number of unused paid leave days.