Summer is coming, which means for schools, cultural centers and other educational businesses, it is the end of the “season”. For many employees, it’s time to consider ending a work relationship and looking for a new space or to renew an agreement for the season. Many expat families are also moving out of Kuwait and heading on to new endeavors. This article is to help you understand your obligations of ending an agreement.
Question: I am a teacher and my employment agreement is ending. It ends in June even though we started in September – am I not entitled to three months of notice? Or paid salary for the summer until next September? I am the one terminating the contract.
Fajer: When you terminate a contract, you can ask for a three-month notice, but this does not mean that the school may agree to it. Usually school agreements are done differently to specifically state that the agreement ends in June. To answer this question, I would have to read your contract.
End of service benefits
Question: I am leaving Kuwait and I want to know what can I do in order to obtain my end of service benefits? I know end of service benefits are only for Kuwaitis.
Fajer: This answer is for both Kuwaitis and non-Kuwaitis alike. I always advise my clients to first try and negotiate with their employer. If the employer does not want to negotiate, then ask your lawyer to negotiate on your behalf. If not, then your lawyer can go to court. Before your lawyer takes the issue to court, your lawyer will have to go through the ministry of social affairs and labor, which is also a safe place for both parties to negotiate. You can also go to the Public Authority for Manpower yourself and file a complaint. It may be overwhelming for non-lawyers to do so, but if you find someone who is willing to help, the process can be done. If you are leaving Kuwait, I highly suggest you give a power of attorney to a lawyer or any other person you trust in Kuwait who can file a complaint and negotiate on your behalf.
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By Attorney Fajer Ahmed