Kuwait: Loan Deduction From Indemnity

10 December 2023 Indemnity

Question: I have an outstanding loan in Kuwait. Can the bank legally deduct the loan amount from my indemnity?

Answer: In Kuwait, indemnity is a crucial aspect of employment benefits, and it's important to understand how it interacts with your financial obligations, such as loans. According to Kuwaiti banking and employment laws, the answer to your question largely depends on the terms of your loan agreement.

A standard loan agreement in Kuwait, as guided by the Central Bank of Kuwait and the Kuwait Banking Association, may include a clause that allows the bank to deduct outstanding loan amounts from your indemnity. This is often a security measure for the bank to ensure they can recover the loan in case of your employment termination.

For instance, such an agreement might state:

“As a guarantee to pay the loan interests, fees, and other dues, the borrower is required to arrange with their employer to have their monthly salary and indemnity transferred to the bank throughout the loan period.”

However, this situation can vary. If you find new employment and can assure the bank of your continued ability to repay the loan, they may not opt to deduct the full amount from your indemnity. Each case is unique and depends on the specifics of your loan agreement and your financial situation at the time of your employment termination.

It's advisable to review your loan agreement and discuss your situation with your bank to understand exactly how these rules apply to your case in Kuwait.

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