Understanding Retaliatory Discharge Claims
Retaliatory discharge claims in Kuwait are legal cases. They help employees recover their rights. This is when they are dismissed without a clear reason. It is essential to seek the best lawyers. This ensures appropriate financial compensation. This compensation covers damages suffered from the wrongful termination.
Steps to File a Claim
You can secure your full rights through Dar Al-Tawajoh Law Firm. They provide legal consultations. They assist in cases of unfair dismissal.
Kuwaiti Labour Law protects the rights of both the employee and the employer. However, an employee wishing to file a claim for wrongful termination must follow specific steps.
1. Submitting the Complaint
The employee must go to the Public Authority for Manpower (PAM). They can submit the complaint there. Alternatively, they can use the Authority’s electronic website.
2. Providing Documentation
The employee must submit the employment contract. They must also provide the termination decision. Salary statements are also required. This confirms the employee was actively working.
3. Evidence and Demands
The employee must present a document proving the termination. This must be supported by evidence. All demands must be clearly stated. The competent authority then works to resolve the dispute amicably.
4. Judicial Review
If the amicable resolution fails, the complaint is referred. It is presented before the General Court for a final decision.
Employee Rights in Wrongful Termination
Retaliatory discharge claims in Kuwait help employees. They allow workers to receive their entitlements from the employer. Employee rights in cases of wrongful termination include several types of compensation.
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Compensation for Wrongful Termination
Article 122 of the Kuwaiti Labour Law stipulates the worker’s right to compensation. This compensation is for wrongful termination. The law states that the compensation must not be less than two months’ wages. This is for each year of service. This compensation helps repair the damages suffered by the worker. This includes both moral and material damages.
Compensation for Leave Balance
The employee has the right to compensation for unused leave. This applies throughout the entire period of employment. They are also entitled to compensation for overtime hours worked. This is for hours not previously paid.
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Compensation in Lieu of Notice
The employee can claim compensation if the employer terminates the contract early. This is before the contract’s term expires. The worker receives a sum of money as compensation. This is for terminating the contract without prior notice.
End-of-Service Indemnity
The end-of-service indemnity is a right granted by law. This is given to the worker upon termination. The value of this indemnity is determined by the duration of service. It also depends on the value of the salary received. You can settle disputes with the employer through Dar Al-Tawajoh. This can often be done without resorting to the courts.
Grounds for Claiming Compensation
After understanding the steps to file Retaliatory discharge claims in Kuwait, it is important to note the grounds. An employee who leaves work can claim compensation in the following situations.
Employer Violations
The employee can claim compensation if the employer violates the contract terms. This is a clear breach of the agreement. The employee can also claim compensation if the employer assaults the worker.
Health and Safety Risks
Compensation can be claimed if the work exposes the employee to danger. This must be confirmed by a medical decision. This decision is issued by the arbitration committee at the Ministry of Health.
Fraud and Misconduct
Compensation is due if the employer commits fraud or deception. This is during the contracting process with the worker. Compensation is also due if the worker is acquitted of a charge. This is a charge previously leveled against them by the employer. Compensation is also applicable if the employer or manager commits an act of indecency against the worker.
Proving Wrongful Termination
To successfully obtain their rights, the employee must prove the wrongful termination. The best lawyers can help identify the methods for proving unfair dismissal.
The Employment Contract
The signed employment contract is a key piece of evidence. It is used to prove the wrongful termination. The contract clarifies the duration of employment. It also details the working conditions and the worker’s rights. This helps establish that the dismissal was arbitrary.
Supporting Documents
Documents confirming the termination are necessary. This includes a termination notice. Salary statements are also vital. They confirm the worker’s continuous employment. Electronic messages can also serve as evidence.
Witness Testimony
Witnesses from colleagues can be crucial. They can testify that the dismissal occurred without a legal reason. This testimony is accepted in wrongful termination cases. The worker should also file a police report before filing the claim.
The Lawyer’s Role in Wrongful Termination Cases
When filing Retaliatory discharge claims in Kuwait, seeking a specialized lawyer is essential. The lawyer plays a significant role in the case.
Legal Documentation
The lawyer drafts the statement of claim. This is done in a legal format. This strengthens the worker’s position in the case. They also gather evidence. This confirms the wrongful termination. They evaluate the existing evidence.
Negotiation and Representation
The lawyer negotiates with the employer. This happens before resorting to the judiciary. It also continues after the claim is filed. The lawyer plays a major role in securing the best compensation for the worker. You can get the best compensation for wrongful termination through Dar Al-Tawajoh Law Firm. Contact them at 94959511 for legal consultations.
Conclusion
Retaliatory discharge claims in Kuwait are legal procedures. They help protect the rights of both the employee and the employer. The team of lawyers and legal consultants at Dar Al-Tawajoh Law Firm assists with all legal procedures. This is for cases of wrongful termination under the employment contract. If you are terminated, contact 94959511 immediately.