Maximum leave of two years can be accumulated

I was working with a company for almost seven years. I accumulated a leave balance of 125 days on the day of termination. I had been assured by my manager that I would be able to utilize my leave as and when I needed it.
Now on termination the HR Dept has restricted my payment of leave days to 60 days stating this is as per Kuwait Labor Law. In this process I am losing my leave of around 65 days.
Is the company right in doing so? The company has agreed to pay my other benefits, notice period and indemnity as per Labor Law.
Is there any time period to file a complaint against the company and from what date is the same calculated?

Name withheld

The company is wrong. While the Labor Law says that a maximum leave of two years can be accumulated, the last paragraph of Article 72 of the same Labor Law clearly states that more than two years leave can be accumulated with the consent of both the parties.

As you mentioned, your manager had given you his consent and secondly if the firm is keen on ensuring that the employees take all their leave they must have a policy in place (like many good companies have) which clearly states that you must take your leave — whether all together or in bits and parts — or it will be forfeited.

In your case, as the leave was accumulated with the consent of both the parties, it can’t be forfeited and according to Article 73 of the Labor Law you must be paid.

You must file a case with the Labor Office in your area within one year of leaving the company after which your case may be time-barred.

Read By: 1972
Comments: 0
Rated:

Comments
You must login to add comments ...
 Existing Member Login      
Username
(Your Email Address)
Password
 
 
   Not a member yet ?
   Forgot Password ?

About Us   |   RSS   |   Contact Us   |   Feedback   |   Advertise With Us