Employers can also terminate employment in circumstances specified by law.
Dubai: Kuwait has clarified that private-sector workers may resign without serving a notice period and still retain their end-of-service benefits in certain circumstances. Authorities have outlined the situations in which an employment contract can be legally terminated without notice.
The Public Authority for Manpower said workers may end their contracts without notice if an employer violates the employment agreement or Labour Law, physically assaults the worker or if there is a serious threat to the worker’s safety or health, subject to the conditions prescribed by law.
The guidance, issued under PAM’s “Know Your Rights” campaign, also sets out circumstances in which an employment contract may be terminated automatically under the law.
These circumstances include the death of the worker, a confirmed inability to perform the job, the expiry of statutory sick leave, the permanent closure of the establishment, or a final court ruling declaring the employer bankrupt.
Employers also have the right to terminate employment under circumstances set out in Kuwait’s Labour Law.
For indefinite-term contracts, employers may end the agreement by giving the legally required notice. In more serious cases specified by law, however, a worker may be dismissed without notice.
PAM stressed that workers retain the right to challenge a dismissal if they believe it was unjustified.
The authority’s guidance referred to Articles 41, 44, 46, 48, 49 and 50 of Kuwait’s Labour Law, with the relevant provision depending on the circumstances and reason for ending the employment relationship.
The guidance is intended to improve awareness among workers and employers of their respective rights and obligations before either party takes steps to end an employment relationship.
PAM said termination of an employment contract is subject to specific grounds and procedures, stressing that understanding the law can help protect both parties and promote a fair and safe working environment.
