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Sending Resignation While On Vacation Category: Legal
Kuwaitlocal Kuwaitlocal

I have been working in Ministry of Health Kuwait for 15 years. As per the law if I resign today, I must continue my job for the next 3 months to clear all my dues.

My question is that in case I am on my vacation outside Kuwait and if I send my resignation to the ministry from abroad, would it be acceptable?

And would I be able to receive all my service benefits?

Name withheld

Answer: There is no law in Kuwait which says that you can’t resign while you are abroad but as you are working in a ministry there is the question of the “clearance” that you have to obtain from various ministries and even your bank before the ministry processes your resignation and you are handed your dues.

Secondly, as all ministries have separate contracts we do not know what your ministry says on the issue. Most departments require that you work the three months of the notice period so that you properly “hand over” the charge of your duties to the person who is replacing you.

Please also beware that leave and the notice period can only be linked or overlapped if the ministry permits you to do so … otherwise you stand to lose the three months salary. So, we would advise you to come back to Kuwait and hand in your resignation and your “clearance certificate” if you do not wish to suffer financially or if you don’t want the payment of your dues to be delayed for quite a while.

If, however, you have a valid reason — like being medically unfit — for not being able to return to Kuwait, you can send a power of attorney to a friend or relative in Kuwait so that he can pursue your case — plus get the clearance certificate for you — and things can be speeded up with a minimum financial loss (for not serving the notice period) to you.

Source - Arab Times

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

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