Arbitrary dismissal is one of the most prominent labor disputes in Kuwait, given its financial and psychological impact on the employee, especially when the contract is terminated without legitimate legal justification. The Kuwaiti Labor Law balances the employer’s interests and the worker’s rights by setting clear guidelines for termination and ensuring compensation if unfairness is proven.
What is Arbitrary Dismissal? It is the termination of an employee’s contract without a legitimate reason, based on false grounds, in violation of labor law, or with the intent to harm the employee without a real business interest.
When is Dismissal Considered Arbitrary?
- Termination without a clear legal justification.
- Dismissal due to filing a legal complaint or demanding rights.
- Dismissal motivated by discrimination or personal revenge.
- Termination without adhering to the legal notice period.
Rights of the Employee If arbitrary dismissal is proven, the employee is entitled to:
- Compensation: Determined by the judge based on service period, salary, and damages.
- End-of-Service Indemnity: Full entitlement as per the law.
- Notice Period Pay: If the legal notice period was not respected.
- Other Financial Dues: Such as unpaid wages and accrued leave.
The Role of Al Subaiei Legal Group Our group, established in 1991, specializes in handling complex labor cases. Our team of experts ensures the protection of your rights and the calculation of all due compensations.
