Annual leave salary should be paid before employee proceeds on leave

June 13, 20165 Comments

I am from India. I got a release and joined my current company on July 17, 2014.

1) I am eligible for 30 days paid leave but unfortunately I cannot take my annual leave this year due to some personal problems. Is it possible to ask my company to pay by leave salary without taking annual leave.

2) My company opened the Kuwait office in June 2014. If somebody wants to go on vacations my superiors are saying that the company policy is to give the leave salary only after when we came back from leave, they will not give leave salary before we start the leave.

As we understand, according to Kuwait Labor Law it is required that the leave salary should be paid before people go on leave.

In this situation if I want to take leave and if company insists on not paying the leave salary before I start my leave what should I do?

Name withheld
Answer: Article 71 of the Kuwait Labor Law, enacted on Feb 20, 2010, clearly lays down that the employee must be paid his annual leave salary before he proceeds on leave.

You must draw the attention of your superiors to this law because no company can have any law which is against any article of the Kuwait Labor Law.

If the company insists on following its policy you can file a complaint against the company with the Ministry of Social Affairs and Labor, through the Labor Office in your area. Secondly on the issue of “encashing” your annual leave, the Labor Law says that can employee can’t give up his right to take the annual leave, with or without payment.

Having said that, the Ministry of Social Affairs and Labor doesn’t interfere in the issue if both the company and the employee reach an agreement on the issue and the worker only takes the leave payment instead of going on leave. But the company can’t be forced to decide in favor of the employee who doesn’t want to go on leave. A mutual agreement is required to encash the leave.

Source : Arabtimes

Annual leave salary should be paid before employee proceeds on leave was last modified: by

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  2. Sir i just want to ask cuz i filed a shakwa from my company cuz my manager he termenate me from my work,and i cant talk to my kafel cuz i dont have any contact to him… And these manager make me embaraz in front of my customers and he said in finish with the company.., so i decided to make complain but it sad to say that my kafel not come to shuon na these lair manager come and told that i should comeback to work with them… What well i do now sir he not give release to me but he already termenate me from work and he not give my 1 month salary….and since 4 years i not go vacation but he make me sign last december an arabic paper it says i take annual money for 1 month salary but i didnt received anything even files from him… And besides he always make all employe afraid that if any body make resign he makr problem and send to his country… Is these true cuz im a local hired only they didnot take me from philipines….

  3. Hai sir
    KUWAIT labours law KUWAIT all company labor and helpers basic salary How much

  4. How about in my situation right now…I work salon but I decide to work only 1 yr.but she don't wan't give a release. I'm sheon visa b4 I come my question is I have right to ask release?

  5. Salam. How about my problem right now. My sponsor he dont want to give me release paper. Im almost 5yrs to them. I file a complaint to them at social affairs. In our 3rd hiring he show up He told to the shoun he will give me a release but When i give to them my transferable form from my new company he didnt return it to me my papers unles i submit to them Baradisma from ministry of Justice. But i cancel already my

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