I have to return to my home country for urgent matters and I have requested my company to release me immediately. I have agreed to pay them the 3 months notice period salary. However, they refused citing operational reason and said that they need 3 months notice according to labour law to get a replacement. Can the company hold me legally as I have resigned and requested them to cancel my residence.
I have worked for this company for 6 years.

Name withheld
Answer: Yes, the company can demand that you give a three-month notice. It can also file a case against you for any loss the firm may occur because of not getting the 3-month notice. So, the company has the law on its side but you should try to talk to your management again so that an amicable solution can be found. In case the company does accept your request, you will have to work the three months.

Notice period


I am an Indian and working with a security company in Kuwait since 2005. My residency is transferable (Article 18). Now I have got a good job offer from one company and they are ready to wait for the three months notice period.
But the problem is, when an employee submits his resignation, the management doesn't refuse or say anything until the three months notice period end. They then refuse to give a release or they delay the process. It happened very recently with some of the employees and they went to the Labor Department for help.
My doubt is, if my company refuses after completing the three months notice, then I will be forced to go for legal help and then how long will I need to wait? Should I wait another three months? Or will it be effective from the date of resignation that I submit to my company? Because, the new company doesn't agree to wait more than three months, and many employees from this company lost the opportunity because of this reason.
Name withheld
Answer: Once you have handed in your resignation and it has been acknowledged by your firm it doesn't matter whether they accept it after three months or now.
You can join the other firm and at the same time file a complaint in the Labor Office in your area.
The company has to accept the resignation within that period and secondly unless there is some legal reason for rejecting your application, it can't stop you.