Legal Question in Employment Law in Kuwait
Can a company put a fixed time contract and penalty in the job agreement on Visa 18.
I recently attended an interview and was told once the probation period is over (three months), the employee needs to serve the company for minimum of two years, if i put in my resignation in between this period, i would need to pay a penalty of KWD 2500. They told the reason for this clause is they are training their employees and in this done for employee retention. The company provides IT support to various local companies, but the work which i will need to do relates to the finance department and no training is required in this case.Is this as per the labor law?
1 Answer from Attorneys
16.02.2017
Dear Sir / Madam,
No, it is against the labour law. The International Labour Organization (ILO) has clearly stated that an employment or service bond of any form or nature on whatever grounds or reason or pretext is illegal and a criminal offence liable to punishment. In fact, the employer remains liable to confirm the employee at the end of the probation period and not "bond him" or "tie him up" to work in the Company.
Regards,
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