Salary, Annual Leave & Service Indemnity

This is a discussion on Salary, Annual Leave & Service Indemnity within the Salary & Workers Compensation forum, part of the LABOR & EMPLOYMENT LAW category; I stay in Kuwait and as per the Kuwait Labor Law, employee is eligible for the following: 1- 14 days ...

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Old May 7th, 2008, 02:29 AM   #1
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Default Salary, Annual Leave & Service Indemnity

I stay in Kuwait and as per the Kuwait Labor Law, employee is eligible for the following:
1- 14 days annual leave before 5-years while 21-days after 5-years
2- 15 days service indemnity before 5-year while 30-days after 5-years

Above clauses are applicable if employement contract doesn't say anything about above and if the contract reflect the such benefits then those should not be less than what I mentioned above.

If the personal is terminated, h/she get all of above but in case of resignation before 5-year, #1 clause is applicable but not #2 clause, while after 5-years both are applicable with 50% services.

Now my question is that my employment contract says "My monthly salary include all the benefits like annual leave, medical allowance, transport allowance, air ticket and service indemnity etc. etc.".

Now can you tell me what is my status of claiming the Annual Leave and Service Indemnity? Can the court says that my Annual Leave and Service Indemnity is included in the monthly salary, therefore, I am not elligibal to get this now.
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Old May 8th, 2008, 03:03 PM   #2
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Default Re: Salary, Annual Leave & Service Indemnity

See your other post.
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Old Jun 11th, 2008, 04:06 AM   #3
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Default Re: Salary, Annual Leave & Service Indemnity

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I stay in Kuwait and as per the Kuwait Labor Law, employee is eligible for the following:
1- 14 days annual leave before 5-years while 21-days after 5-years
2- 15 days service indemnity before 5-year while 30-days after 5-years

Above clauses are applicable if employement contract doesn't say anything about above and if the contract reflect the such benefits then those should not be less than what I mentioned above.

If the personal is terminated, h/she get all of above but in case of resignation before 5-year, #1 clause is applicable but not #2 clause, while after 5-years both are applicable with 50% services.

Now my question is that my employment contract says "My monthly salary include all the benefits like annual leave, medical allowance, transport allowance, air ticket and service indemnity etc. etc.".

Now can you tell me what is my status of claiming the Annual Leave and Service Indemnity? Can the court says that my Annual Leave and Service Indemnity is included in the monthly salary, therefore, I am not elligibal to get this now.
Dear , if you didn't sign a letter to your employer indicating that your acceptance of your end of service indemnity to be prepaid and included along with your monthly salary then you can prosecute the employer under the following clause" end of service indemnity is a right earned by employee when termination or resignation is incurred and not before"
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