Unfair Dismissal Under Kuwaiti Law: Employee Rights, Compensation, and Complaint Procedures

Unfair dismissal under Kuwaiti law means terminating an employee without a legitimate justification or for a legally prohibited reason, such as claiming employment rights or participating in trade union activities. It may entitle the employee to compensation alongside other employment dues, subject to the requirements for each entitlement. Claims vary according to the contract type, the reason for termination, and the proven harm.

This article covers private-sector employment governed by Law No. 6 of 2010, as amended. Domestic workers and government employees are subject to separate provisions.

When Is Dismissal Considered Unfair in Kuwait?

Article 46 prohibits termination without justification, or because of trade union activities, claiming lawful rights, sex, origin, or religion. Article 45 also prohibits employers from exercising the right to terminate an indefinite-term contract during statutory leave. (e.gov.kw)

Circumstances that warrant legal review include:

• Dismissal after an employee requests overdue wages.

• Termination following a complaint about employment rights.

• Reliance on an alleged violation that the employee disputes.

• Inconsistency between the written reason for dismissal and earlier correspondence.

Payment in lieu of notice does not determine whether the reason for dismissal is lawful. Notice requirements and the grounds for termination must both be assessed.

Unfair Dismissal Versus Lawful Termination

Describing a decision as “termination of employment” does not establish its lawfulness. Likewise, an employee’s objection does not automatically establish unfair dismissal. The assessment begins with a review of:

1. The contract type, duration, and renewal provisions.

2. The grounds relied upon by the employer.

3. The termination decision and the date the employee was notified.

4. Relevant warnings, investigations, and correspondence.

5. Payments already made and amounts still in dispute.

Article 41 regulates specified dismissal situations and allows an employee to challenge the decision before the competent labour division through the prescribed procedures. If a final judgment establishes that the dismissal was abusive, the article provides for an end-of-service benefit and compensation for material and non-material harm. (www.e.gov.kw)

Employee Rights Following Unfair Dismissal

Prepare an itemised schedule of claims rather than grouping all amounts under “dismissal compensation.”

Each claim depends on its own requirements. Amounts already paid must be accounted for, and the same sum should not be claimed twice.

Unfair Dismissal Compensation in Kuwait

Fixed-Term Contracts

Under Article 47, a party that unlawfully terminates a fixed-term contract must compensate the other party for the resulting harm, subject to a ceiling equal to the employee’s remuneration for the remaining contract period.

This is a compensation ceiling, not an automatic entitlement to all remuneration for the remaining term. (e.gov.kw)

Indefinite-Term Contracts

Compensation is assessed in light of the unlawfulness of the termination and the resulting harm. A fixed number of months’ salary should not be assumed to apply to every case.

To prepare the claim, describe the harm specifically: What loss resulted from the termination? Which document supports it? How is it connected to the dismissal? This approach helps clarify and assess the claim.

Is Dismissal Compensation Equal to Three Months’ Salary?

Not necessarily. Under Article 44, three months is the minimum notice period for monthly paid employees under indefinite-term contracts. The minimum period for other employees is one month.

Failure to observe the required notice period can give rise to payment in lieu of notice under the law. This is distinct from compensation for unfair dismissal. (www.manpower.gov.kw)

How Can You Support an Unfair Dismissal Claim?

Start by preparing a chronology that links the events to the supporting documents.

Keep original electronic correspondence, including its context and dates. If termination was communicated verbally, record the details, request written clarification, and retain evidence showing that you were prevented from working or informed that your employment had ended.

How to File an Unfair Dismissal Complaint in Kuwait

Under Article 146, a request must first be submitted to the competent labour department before bringing court proceedings, allowing an attempt at settlement. If settlement fails, the dispute is referred to the Court of First Instance through the prescribed procedures. (e.gov.kw)

To prepare the complaint:

1. Collect identifying information: Employee and employer details, together with the employment contract.

2. Specify the dates: Employment start date, termination notification date, and last working day.

3. Explain the facts: Give a concise, chronological account of the objection to dismissal.

4. Itemise the claims: State each entitlement, its amount, and its basis.

5. Attach the evidence: Number the documents and link them to the relevant facts.

6. Follow up: Keep the complaint reference number and track appointments and referral procedures.

Do not assume that negotiations or promises of payment automatically preserve filing deadlines. Article 144 establishes a one-year rule, calculated from the end of the employment contract, under which employment claims are not heard if denied, subject to the applicable legal provisions. The deadline and the effect of any steps already taken should therefore be reviewed for the particular case. (lawskw.com)

Sample Unfair Dismissal Complaint in Kuwait

To the Competent Labour Department at the Public Authority for Manpower

Subject: Complaint Regarding Termination of Employment and Employment Entitlements

Complainant: ……………
Civil ID number: ……………
Employer: ……………
Employment start date: ……………
Contract type and remuneration: ……………
Termination date: ……………

Facts:

I worked for the above employer as ……………. On ……………, I was notified that my employment was being terminated for the following stated reasons: ……………. I dispute the termination for the following reasons: ……………. Supporting documents are attached.

Requests:

I request that the dispute be examined and an attempt made to settle it, and that the entitlements listed in the attached schedule be paid, including any wages, payment in lieu of notice, end-of-service benefit, and payment for unused leave that are legally due. I also seek compensation for unlawful termination and referral of the dispute to the competent court if settlement cannot be reached.

Name and signature: ……………
Date: ……………

This is an illustrative template and should be adapted to the facts and supporting documents.

The Lawyer’s Role in Unfair Dismissal Cases

A lawyer can review the grounds for termination, examine the contract and settlement documents, calculate claims, organise evidence, prepare the complaint, and assess settlement offers.

Preparing the file early helps identify strengths and missing information before proceedings are initiated.

Lawyers and Contact Details at Ineqad

This is the firm’s shared contact number for enquiries and appointments, rather than a separate personal number for each listed professional. (ineqad.com)

Frequently Asked Questions About Unfair Dismissal in Kuwait

Does Signing a Final Settlement Prevent Further Claims?

The wording of the settlement, when it was signed, the amounts received, and the rights in dispute must be examined. Keep a copy for review when the case is assessed.

Can I Complain Without a Dismissal Letter?

Start by gathering messages, records, and other evidence showing how the employment relationship ended. These can be reviewed to assess how termination may be proved.

Do I Need a Lawyer to Submit the Complaint?

An employee may initiate the complaint with the competent authority. Legal assistance can be useful where the lawfulness of dismissal, calculations, or supporting documents are disputed.

What Should I Do First After Dismissal?

Preserve evidence of termination, collect your contract and payslips, prepare a chronology, and review your claims and the relevant procedural deadlines.

Legal Advice on Unfair Dismissal in Kuwait

To review a termination decision and identify the appropriate claims, contact Ineqad Law Firm and Legal Advice Co. Have your employment contract, dismissal decision, payslips, and key correspondence ready.

Phone and WhatsApp: +965 6666 8811
Website: ineqad.com
Email: info@ineqad.com

This article provides general information. The legal position in an individual case depends on a review of its facts and documents.