Contract / Release

I have been in Kuwait for almost seven years working in a 5-star hotel on article 18 visa. My first employer hired me from Dubai. I worked with him for 5-and-half years. After that I joined another hotel with a release on a two-year contract and still I am working in this hotel from Jan 15, 2011 till date. Recently I got a better offer from another hotel. But my current employer refuses to give me a release as they told me to complete two years otherwise they would cancel my residency, even though I gave them a 3-month notice of my resignation.

My questions are:

1. Is it right I have to wait till I finish my 2-year contract to get a release?
2. Am I eligible to get a release before the 2-year contract finishes?
3. If you advise me to go to Shoun even though my current sponsor doesn’t want to sign on my resignation letter, then how can I prove to Shoun that I have submitted my resignation to the HR Department?

Name withheld

Answer:
The company is absolutely right in this case. You have signed a 2-year contract and are not entitled to any release until you complete the contract. According to the law, you can be made to pay for the remainder part of your contract, and normally this is equal to your pay for the remainder part of your contract. There is no use of going to the Shoun (Labor Ministry) because you won’t be entertained as you are wrong.
So, it doesn’t matter if you have given them a 3-month notice, you still have over a year to go.

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Comments
fax emailSrivi | 1/10/2012 1:41:27 PM Check terms and conditions of contract, for breaking the 2 year contract, clause, to give notice or compensation for breaking the clause. (2) Chances are there, you are locally hired, then 1 year enough for local transfer employee. (3) Check with any lawyer (4) signature on resignation not important. Send fax or email. Keep copy of fax acknowledgement received from fax machine. Fax acknowledgement and emails are accepted as resignation sent by any shoun or court. Try ur luck. Chances are less, but as per breaking contract clause in your contract. consult with lawyer.
This is ridiculousMuhammad Asif Iqbal | 1/10/2012 9:21:40 AM Well I condemn this as a law or contract. So if someone wanted to go for his betterment he should not be allowed to do so in any case. This should be against human rights.
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