I need your advice on my situation with my company. I travelled out of Kuwait on my annual leave and due to some work here I cannot return for few more weeks. I informed my company and they have replied saying we accept your resignation and have claimed for 3 months notice period money and other allowances. What legal rights do I have and how can I avoid conflict with my employer.

Name withheld

Answer: Under the Kuwait Labour Law a worker is deemed to have resigned if he/she fails to report for duty for seven consecutive days without prior permission or valid reason.

Your company seems to have invoked this law and consequently accepted your resignation. They can however not claim three months notice period money unless they ask you to work for three months and you refuse to do so.

To avoid a conflict with your employer you may have to reach out and present to him cogent reasons for your delay in return to work and ask to be given another chance by being reinstated or at worse being allowed to do the three-month notice period work and possibly use the time to also work for another job.

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