I am a resigned employee of a private company (with 12 years service) waiting to exit Kuwait. I have waited for 5 months without work and income (after the notice period of 3 months!) to get my ‘Indemnity’; but it seems my company is not going to settle it soon. As I cannot stay in Kuwait indefinitely, I am planning to file a case in Kuwait Labor Court through some legal firm. In this regard kindly advice, whether I am eligible to get paid for the waiting period of 5 months also along with the indemnity. Also is it necessary to be present in Kuwait until the final court verdict.
Answer: Congratulations for mustering the courage to take on this company through a court action. Indeed many other ex-employees find themselves in this situation but lack the courage to take on the companies concerned. Since you are hiring a lawyer to take up your case, we think the issue of the 5 months you have waited for your indemnity and without any source of income should be left to the lawyer to decide on how to proceed on that angle.
On the necessity of being present while the case is being pursued, it is your choice to make. Indeed you can issue a power of attorney for the case to be decided while you are outside Kuwait.
However experience has shown that when the complaint is outside the jurisdiction of the court, a lot of complications including disinterest, collusions and abuse of trust arise. So to prevent these, we advise that you stay around till final judgement of the case.
Source: Arab Times