I am currently working with a company in Kuwait and have completed 3.5 years (2009 to till date) with them. During this time, I have taken my first year annual leave. So, I still have balance annual leave for my second and third year (2011 leave and this year’s leave). The question is, if I give my company a resignation notice, do I have to give them 3-month notice according to the Kuwait Labor Law? Or can I request them for less than 3 months because I have to join other company in the next 2 months. If I decide to resign with the condition I am ready to give my 3-month notice. Do I have right the to get a release, gratuity-indemnity and all my financial settlement of my annual leave (that was not availed during my service with the company)? I heard my company will not give any gratuity-indemnity if we apply for a release (even we have completed 3 years with the company). Is it true that if my company does not give a release, we have to request the Ministry of Labor Office (shoun) in Kuwait. But if we resign and do not apply for a release, and cancel our residence permit to go back to our country, the company is ready to give our gratuity-indemnity. What should we do?

Name withheld

Answer: If you have already completed over three years with the company it can’t stop you from leaving the firm. It also has to give you a release and in case it doesn’t, you can always go to the Labor Office in your area and your release will be sanctioned.
Secondly, your indemnity must be paid but as you are resigning you will only get half of it for that is the law for people working over three years but less than five years. Only people resigning before completing three years service are not entitled to any indemnity.
And finally on the question of unavailed leave, the company has to pay you for all the unavailed annual leave.
If the company refuses to give you any of the above rights you should file a complaint with the Labor Office in your area.