I Cannot Serve 90 Days Notice Period, I Am Ready To Compensate
Category: Legal

I have been working in a private sector company in Kuwait for the last 1.5 years. Recently I got an opportunity to join a new company but they needed me to join them ASAP.

Hence I cannot serve the 90 days notice period. I can only serve only 70 days of the notice period.

I am ready to compensate/pay out the 20 days notice period from my final settlement but my current employer is not expecting this.

They are asking me to complete the 90 days.

Can I leave my current employer without his approval by compensating/ paying out 20 days from my final settlement

Name withheld 
Answer: The law is very strict on the issue.You can’t opt out of the 3-month notice period or a portion of it unless you have permission from your current sponsor.

The Kuwait Labor Law does have a “opt out” article but the same was changed through a decision of the Minister of Social Affairs and Labor.

Now, the company can give you a release without you having to serve even one day of the notice period but it also retains the right to have an employee serve the whole three months.

If an employee leaves a company without the permission of the employer or without permission to opt out of the notice period, the Ministry of Social Affairs and Labor will not approve the transfer of the work permit to the new employer … and the concerned expatriate could face legal action.



16 Oct, 2016 2282
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