Cases of worker dismissal according to Kuwaiti law

The cases of dismissal of the worker from service are the actions that result in the dismissal of the worker from his job by the employer, as a result of the worker’s committing a mistake that led to the occurrence of serious damages to the work,The Kuwaiti Private Sector Labor Law No. 6 of 2010 defines these cases in which the employer may dismiss the worker from his job, which are as follows:

Cases in which the worker may be dismissed

First: Dismissal of the worker without notice, compensation or reward

The Kuwaiti private sector labor law permits the employer to dismiss the worker without notice, compensation or reward if the worker commits a mistake that results in a severe loss for the employer, or if it is proven that the worker has obtained the work as a result of fraud or deception, or if the worker divulges secrets related to the facility that caused or would have caused a real loss to it.

Second: The worker has committed an act contrary to public morals and a crime against honor

The Kuwaiti private sector labor law gave the employer the right to dismiss the worker in one of the following cases:

  1. If he is finally convicted of a crime affecting honor, trust or morals
  2. If he commits an act against public morals in the workplace
  3. If he assaulted one of his colleagues, the employer or his representative during or because of work
  4. If he breaches or fails to fulfill any of the obligations imposed on him by the provisions of the contract and the provisions of the Labor Law in the private sector
  5. If it is proven that he has repeatedly violated the instructions of the employer

In these cases, the dismissal decision does not entail depriving the worker of the end-of-service gratuity.

Third: The worker’s absence from work

The employer may consider the worker as resigned in the event that he stops working without an acceptable excuse for a period of seven consecutive days or twenty separate days within a year, In this case, the worker is entitled to half of the end-of-service gratuity if he terminates the contract on his part, and his service period is not less than three years but not five years. Deserve the full reward.

Fourth: Precautionary detention of the worker or execution of a non-final court ruling

The worker shall be considered suspended from work if he is imprisoned because the employer accused him of pre-trial detention or in implementation of a non-final court ruling. In this case, the employer may not terminate his contract unless he is convicted of a final judgment.

In the event of a judgment acquitting him of the accusation or charges attributed to him by the employer, he is obligated to pay his wages for the period of his suspension, with a fair compensation estimated by the court.

Appealing the decision to dismiss the worker

The Labor Law in the private sector grants the dismissed worker the right to appeal the dismissal decision before the labor department, in accordance with the procedures stipulated in this law.

If it is proven by a final judgment that the employer has arbitrarily dismissed the worker, the worker shall be entitled to an end-of-service gratuity and compensation for the material and moral damages he sustained, the Labor Law in the private sector also requires the employer to inform the Ministry of Social Affairs and Labor of the dismissal decision and its reasons, and the Ministry informs the Manpower Restructuring Authority.

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