Whether you are an employee thinking of resigning or an employer considering ending a contract, the first question is the same: how much notice do you have to give, and what happens if you give none? Kuwait’s private-sector Labour Law (Law No. 6 of 2010) answers it in a short group of articles on open-ended contracts, fixed-term contracts and termination without notice. Getting the notice wrong is one of the most common sources of disputes, because it directly changes what money is owed. This guide explains the notice rules in Articles 44 to 48 of the Labour Law, how the notice period works in practice, and the situations where notice is not required.
Notice for open-ended contracts
Article 44 deals with contracts that have no fixed end date. Either side may end such a contract, but only after notifying the other party. The length of the notice depends on how the worker is paid:
- Monthly-paid workers: at least three months’ notice before the contract ends.
- Other workers (for example daily, weekly or hourly paid): at least one month’s notice.
The same periods apply whether the employer or the employee ends the contract. This is why a resignation by a monthly-paid employee normally starts a three-month notice period.
What if notice is not given?
The party who ends the contract without respecting the notice period must pay the other party a sum equal to the worker’s wage for the same period, known as pay in lieu of notice. In practice this means an employer who dismisses a monthly-paid employee with immediate effect owes three months’ wages in lieu of notice, in addition to any other entitlements. The same duty applies to an employee who leaves without serving the notice period: the sum owed to the employer is the equivalent of the wage for the unserved period.
Giving notice in writing, with a clear date of delivery, makes it far easier to prove the start and end of the period if a dispute follows. Keep a copy, and ask for an acknowledgment of receipt or send it by a method that leaves a record.
Your rights during the notice period
Article 44 also protects the employee who has been given notice by the employer. During the notice period the worker may be absent for one full day each week, or eight hours spread across the week, to look for another job, and is still paid for that time. The worker chooses the day and the hours, provided the employer is informed on the day before the absence at the latest.
The employer, for its part, may release the worker from attending work during the notice period. In that case the worker’s service is treated as continuing until the notice period ends, with all its consequences, and the worker is still entitled to wages for the period. Because service continues, end-of-service indemnity is calculated up to the end of the notice period, not up to the last day worked.
Termination is not allowed during leave
Article 45 stops an employer from using its right to end an open-ended contract while the worker is on any of the leaves provided by the Labour Law, such as annual or sick leave. A notice delivered during leave is open to challenge, so employers should wait until the leave ends. Employees who receive a notice while on leave should keep a record of the dates of both the leave and the notice. See our guide to annual and sick leave in the private sector for how leave is counted.
Dismissal needs a justification
Article 46 provides that a worker’s service may not be ended without justification, nor because of trade-union activity, nor because the worker claimed or used legal rights, nor because of sex, origin or religion. This does not remove the employer’s right to give notice under Article 44, but it means that a termination presented as notice can still be challenged if the real reason falls within the prohibited grounds. Compensation in such cases is decided by the labour court on the facts.
Fixed-term contracts
A fixed-term contract does not follow the notice rules above. Under Article 47, if one party ends a fixed-term contract without a right to do so, it must compensate the other for the harm caused. The compensation cannot exceed the worker’s wage for the remainder of the contract. The court takes account of custom, the nature of the work, the length of the contract and all circumstances affecting the existence and extent of the harm, and any debts owed to the other party are deducted from the compensation.
When a worker may leave without notice
Article 48 lists cases in which the worker may end the contract without notice and still receive end-of-service indemnity. They include:
- the employer not complying with the contract or the law;
- an assault on the worker by the employer, or by someone acting for or encouraged by the employer;
- continuing in the job endangering the worker’s safety or health, as decided by the medical arbitration committee of the Ministry of Health;
- fraud or deception by the employer when the contract was made, concerning the conditions of work;
- the employer accusing the worker of a criminal offence and the worker later being finally acquitted;
- conduct by the employer or its representative that offends morals towards the worker.
A worker who relies on one of these grounds should document it before leaving: written complaints, medical decisions, and the employer’s replies. Leaving without notice on a ground you cannot prove can expose you to a claim for pay in lieu of notice. A worker who simply stops attending is in a different position, as the employer may treat repeated unexcused absence as resignation under the law; see our article on the absence report.
Practical checklist
- Check whether your contract is open-ended or fixed-term first; the rules differ.
- Check how you are paid, because it decides whether the period is one month or three.
- Give written notice and keep proof of delivery.
- Agree in writing whether you will work through the period or be released from it.
- Do not accept a termination during leave without recording the dates.
- Calculate end-of-service indemnity up to the last day of the notice period.
For the wider picture, read our overview of Kuwaiti labour law rights and obligations and our guide to the probation period, during which different termination rules apply.
Frequently Asked Questions
How long is the notice period for a monthly-paid employee in Kuwait?
For an open-ended contract, at least three months before the contract ends. For workers paid daily, weekly or hourly, at least one month.
Can my employer tell me to stop coming to work during the notice period?
Yes. The employer may release you from work during the period, but your service is treated as continuing and you remain entitled to your wages until the notice period ends.
Can I look for another job while serving notice given by my employer?
Yes. You may be absent one full day a week, or eight hours in the week, with pay, to look for work. You choose the day and hours and must tell your employer by the day before.
What if my contract has a fixed end date and my employer ends it early?
Notice is not the test. If the employer had no right to end it, you may claim compensation for the harm, capped at your wage for the rest of the contract term.
This article provides general information and is not a substitute for legal advice on your specific situation. If you are in a dispute about notice, resignation or termination, you can book a consultation with the office of lawyer Meshari Obaid Alenezi or call +965 2220 4490.
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