Employee-Initiated Termination of an Employment Contract in Kuwait: Procedures and Rights


An employee worked for years in a private company, then faced delayed salaries, breaches of the employment contract, and repeated pressure. This raises a key question: can the employee terminate the employment contract in Kuwait while preserving full legal rights, or will it be treated as an ordinary resignation with different consequences?

This article summarizes the main legal grounds, procedures, and rights related to employee-initiated termination under Kuwaiti labor rules.

## Reasons for employee-initiated termination in Kuwait

Kuwaiti Labor Law sets out cases where an employee may end the employment relationship without being treated as a normal resignation, provided the legal grounds are met.

Article 48 of Law No. 6 of 2010 (Private Sector Labor Law) provides key cases where the employee may terminate without prior notice, including:

- The employer fails to comply with the employment contract or labor law obligations.

- The employee is assaulted by the employer or the employer’s representative (or instigated by them).

- Continuing work threatens the employee’s health or safety, based on a competent medical decision.

- Fraud or misrepresentation by the employer at the time of contracting regarding working conditions.

- The employer accuses the employee of a criminal act and a final judgment later acquits the employee.

- Any act by the employer (or representative) that violates public morals toward the employee.

## Practical legal steps

While each case differs, the steps are commonly organized as follows:

1) Review the employment contract and confirm its type (fixed-term vs. indefinite) and termination terms.

2) Identify the exact legal ground and link it to the applicable legal article (especially Article 48).

3) Collect evidence and documents (contract, salary statements, correspondence, medical reports, etc.).

4) Document your position in writing when needed to strengthen the evidentiary record.

5) Claim and settle all financial entitlements.

6) File a labor complaint if there is a dispute, and follow the settlement/court referral process if required.

## Employee rights upon termination

If termination is based on a valid Article 48 ground, end-of-service benefits may be payable in full according to law, in addition to rights that may include:

- Salary due up to the last working day.

- Any unpaid salaries.

- Compensation for unused leave balance.

- A service certificate and return of the employee’s documents/tools.

## Sample termination agreement (for reference)

On …/…/……, the employee (name/ID) and the employer/company (name/role) agree to end the employment contract effective …/…/……, settle all entitlements, and issue the end-of-service certificate.

## FAQs

Q: Can an employee terminate the employment contract?

A: Yes, if a clear legal ground exists.

Q: Is end-of-service benefit due upon termination?

A: It may be due in full when termination falls under the legally permitted cases.

Q: When can the employee file a complaint?

A: When the employer refuses settlement or disputes the employee’s legal rights.

Original source URL: https://mohamie-kuwait.com/blog/%d9%81%d8%b3%d8%ae-%d8%b9%d9%82%d8%af-%d8%a7%d9%84%d8%b9%d9%85%d9%84-%d9%85%d9%86-%d9%82%d8%a8%d9%84-%d8%a7%d9%84%d8%b9%d8%a7%d9%85%d9%84/