Understanding Labor Indemnity Calculation in Kuwait

Labor indemnity, also known as end-of-service benefits, Kuwait Indemnity Calculator is a crucial part of the Kuwaiti labor law, ensuring that employees are compensated fairly when their employment ends. This guide will help you understand how to calculate labor indemnity in Kuwait, including eligibility criteria and the specific rules that apply.

Who is Eligible for Indemnity?

According to Kuwaiti labor law, any employee working in the private sector, whether a Kuwaiti national or a foreign expatriate, is eligible to receive termination indemnity. However, some organizations may attempt to avoid paying these benefits, which is illegal under Kuwaiti law. Both employees and employers contribute to the social security fund, and this should not be deducted from the indemnity.

Components of Labor Indemnity Calculation

The calculation of labor indemnity involves several key components:

• Years of Service: Total years worked with the employer.
• Salary: The monthly salary of the employee.
• Daily Salary: Calculated by dividing the monthly salary by 26 (considering 26 working days in a month).
• Months: Total number of months worked, including partial months.
• Days: Remaining days after accounting for full years and months.

Calculating Indemnity for the First 5 Years

For the first five years of service, the indemnity is calculated as follows:

First 5 Years Indemnity = (Daily Salary * 15) * Number of Years

Calculating Indemnity for Exceeding Years

If an employee has worked for more than five years, the calculation changes. For the years beyond the initial five, the indemnity is calculated as follows:

Exceeding Years Indemnity = (Daily Salary * 30) * Number of Exceeding Years

Calculating Indemnity for Months

For any additional months worked, the indemnity calculation depends on whether the total years of service exceed five years:

Monthly Indemnity for Service ≥ 5 Years = (Number of Months / 12) * (Daily Salary * 30)

Monthly Indemnity for Service < 5 Years = (Number of Months / 12) * (Daily Salary * 15)

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Calculating Indemnity for Days

Similarly, for any remaining days, the calculation depends on the total years of service:

Daily Indemnity for Service ≥ 5 Years = (Number of Days / 365) * (Daily Salary * 30)

Daily Indemnity for Service < 5 Years = (Number of Days / 365) * (Daily Salary * 15)

Unpaid Leave Balance Consideration

If an employee has unpaid leave days, these should be added to the total indemnity amount. However, most companies only compensate for a maximum of 60 unpaid leave days, even if the employee has accumulated more.

Unpaid Leave Amount = Number of Unpaid Leave Days * Daily Salary

Total Indemnity Calculation

The total indemnity is the sum of all calculated amounts:

Total Indemnity = First 5 Years Indemnity + Exceeding Years Indemnity + Monthly Indemnity + Daily Indemnity + Unpaid Leave Amount

Resignation vs Termination

It’s important to note that the calculation of indemnity differs depending on whether the employee has resigned or been terminated. If an employee resigns before completing 5 years of service, they are entitled to only half of the indemnity. If they resign after 5 years but before 10 years, they are entitled to two-thirds of the indemnity. If they resign after 10 years, they are entitled to full indemnity. In the case of termination, the employee is entitled to full indemnity regardless of the years of service.

Resolving Indemnity Payment Issues in Kuwait

If you have a problem with a company regarding indemnity payment in Kuwait, follow these steps:

1. Review Your Contract

• Carefully read your employment contract to understand the terms regarding indemnity payments.
• Familiarize yourself with the Kuwait Labor Law to understand your rights and the employer’s obligations.

2. Gather Documentation

• Collect all relevant documents such as your employment contract, salary slips, termination letter, and communication records.

3. Communicate with Your Employer

• Try to resolve the issue directly with your employer or HR department. Document all communications for future reference.

4. Seek Mediation

• If direct communication fails, seek mediation through a third party such as a labor union or a professional mediator.

5. File a Complaint with the Ministry of Social Affairs and Labor

• If mediation does not work, file a formal complaint with the Ministry of Social Affairs and Labor in Kuwait.
• Provide all necessary documentation to support your claim.

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6. Consult a Legal Professional

• Consult a lawyer who specializes in labor law in Kuwait for legal advice and to explore your options.
• A lawyer can assist you in filing a case in the labor court if necessary.

7. Labor Court

• If all else fails, you may need to take your case to the labor court. Your lawyer can guide you through this process.
• Be prepared for a potentially lengthy process and ensure you have all your documentation in order.

8. Follow Up

• Regularly follow up on the status of your complaint or case.
• Stay informed about any changes in laws or regulations that might affect your case.

 Indian Embassy’s Panel of Lawyers

• The Indian Embassy in Kuwait has a panel of lawyers for handling compensation, gratuity, indemnity, and other legal cases. For the latest information, visit the Indian Embassy Panel of Lawyers.
• Some notable lawyers on this panel include:
  • Mr. Athbi Al Tahnoon, AMS Legal Group
  • Contact: Mob: +965 60706039, +965 50576967
  • Email: amslegalgroup@gmail.com
• • Farraj Obaid al-Aradah, Al-Aradah Group Legal Consultancy
  • Contact: Tel: +965 22256534, Mob: +965 99771147
  • Email: farraj.lawyer@gmail.com
• • Ms. Marwa A. Mataqi, Marafi and Mataqi Law Firm
  • Contact: Tel: +965 25321557/8, Mob: +965 97391913
  • Email: m.marafilawfirm@gmail.com
• • Mr. Mohammad Ali Helal Al Enezi
  • Contact: Tel: +965 22217140/141, Mob: +965 99604163
  • Email: aleneziq8i@gmail.com
• • Mr. Nawaf Al Mutairi, Al Dar for Consultancies and Law Affairs
  • Contact: Tel: +965 25341090, Mob: +965 99145306, +965 99968367
  • Email: fawyahmed652@gmail.com
• • Mr. Othman A. Al-Masood, Arkan Legal Consultants
  • Contact: Tel: +965 22499191/2/3, Mob: +965 99148484
  • Email: mas3oud@hotmail.com
• • Mr. Samir Chartouni, Al Ahed Law Firm
  • Contact: Tel: +965 22497272 / 22475959, Mob: +965 97802607, 99871069
  • Email: samchartouni@live.com, alahed.lawfirm@outlook.com

5. Al Otaibi and Al Aibani Law Firm Group

• Located in Sabah Al Salem area, Block 1, St no: 102, Al Arbeed Tower 2, 20th floor.
• Contact: Mob: +965 94000535, Tel: +965 22207951
• Known for handling Filipino cases.