Notice Period Counted As Service Period
Category: Legal

I have been working in a private company for about 10 years. I have now got a new job offer and decided to join the new company at the earliest possible. I have informed my new employer that I can join them only after my completion of 10 years of continuous service with my current employer, which will make me eligible to receive 100% of indemnity benefits from my existing employer, due to 10 years service completion as stipulated by Kuwait Labor Law (as I understand).

My clarification is whether 10 years completion period can include 3 months notice period or will I need to wait completion of 10 years to serve notice of my resignation to my current employer.

Will appreciate your advice on my situation, for me to quickly agree with my new employer on my joining date, without losing my 100% indemnity benefits from my current employer?

Name withheld

Answer: In this connection you need to have a close look at Article 44 (d) of the Kuwait Labor Law which clearly says that the notification period, even if your employer waives it for you, must be counted in the service period.

And you are also entitled to all benefits for this period. So, to complete the 10 years service, you can include the notification period and if the company officials object just bring the above article to their notice.



17 Sep, 2016 1587
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