(MENAFN- Arab Times) I am working in a private sector firm and since my joining date (March 2014), my salary has been paid through a cheque instead of being transferred to my bank account. Every month the company has been promising to transfer the salary to my bank account but unfortunately they have not kept their promise. This clearly goes against Article 57 of the Kuwait Labor Law.
Will this by any chance cause problems for me? Secondly, the company delayed my salary for the month of January 2015 for over 7 days, therefore breaching Article 56 of the Labor Law. Due to this breach, can we assume that they have also breached Article 48(a).
If yes, could you explain the procedure I need to follow to register a complaint at the Ministry of Labor and how will the indemnity and other benefits be calculated in case I would want to terminate the contract.
Name withheld
Answer: The thing to focus on here is the fact that your company has been regularly paying you, regardless of the fact that they have been paying you through a cheque instead of sending the money to your account in the bank, in line with Article 56 of the Labor Law. This is not a violation of your rights, only a violation of the Ministry of Social Affairs and Labor instructions. So it does not mean that you can link it to Article 48(a) of the Labor Law. Only the ministry can take action on this issue, not you. Article 48(a) says that "a worker has the right to terminate his work contract without notification and shall be entitled to his end of service benefits if the employer does not abide by the terms of the contract or the provisions of the law". A delay in the payment by a few days once does not mean you can apply Article 48(a). You can only apply this article if the company repeatedly does not pay you on time or misses paying you altogether. From your question it seems that you are keen to leave the company, that is why you have "jumped" on the issue of not being paid on time
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