What Happens If Your Notice Period Is Cut Short in Kuwait?
Your employer cannot simply decide to end your employment early without paying what the law requires. Whether you handed in your resignation or were terminated, the 3-month notice period is a binding obligation on both sides — and cutting it short creates a financial obligation that is enforceable at the Ministry of Labour and in court.
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Free — enter your salary and contract type to see your notice period and salary in lieu
What is salary in lieu of notice?
When an employment contract ends and one party does not serve the required notice period, the other party is owed compensation — the salary that would have been paid during those notice days. This is called salary in lieu of notice.
In Kuwait, Article 44 of Labour Law No. 6 of 2010 makes the notice period a binding obligation. If your employer sends you home before the notice period is complete, they are the party in breach — and they owe you the remaining salary.
The formula
Monthly salary × 3 = salary in lieu (monthly-salaried)
Monthly salary × 1 = salary in lieu (daily/weekly/hourly workers)
Only basic salary counts — housing and transport allowances are excluded unless your contract states otherwise.
Scenario 1 — Employer sends you home immediately after resignation
You hand in your resignation. Your employer says: "No need to work the notice — you can leave now." Is this legal?
Yes — but only if they pay you in full. An employer can release you immediately, but they must pay 3 months' basic salary as salary in lieu of notice (for monthly-salaried workers). If they release you without this payment, they are in breach of Article 44 and you can file a complaint with MOSAL.
Action: Before accepting early release, confirm in writing that you will receive salary in lieu of notice in your final settlement. Get the total figure agreed before your last day.
Scenario 2 — Employer terminates you mid-notice
Your employer gave you notice of termination. You are 3 weeks into your notice period when they tell you to stop coming in. They must pay you the remaining notice days as salary in lieu. The notice period is a fixed obligation — they cannot shorten it unilaterally without paying.
Scenario 3 — You leave before your notice period ends
If you resign and walk out before completing the required notice period, your employer is entitled to deduct the salary equivalent of the unserved days from your final settlement.
For example: you are a monthly-salaried worker who owes 3 months notice. You leave after 1 month. Your employer can deduct 2 months of basic salary from your final settlement. This deduction is legitimate under Article 44.
Importantly: this deduction is from your final salary settlement — not from your EOSB. Your EOSB entitlement is separate and protected.
Calculate your EOSB now
Free — based on your actual service length and salary
Does a shortened notice period affect your EOSB?
No. Your EOSB is calculated on your total service length — from your first day of employment to your last working day. Whether your employer sends you home on day 1 of your notice or day 90 does not change the EOSB calculation.
The two obligations are entirely separate:
| Payment | Based on | Affected by notice? |
|---|---|---|
| EOSB | Total service length × salary formula | No |
| Salary in lieu of notice | Unserved notice days × daily rate | Yes — this is the notice obligation |
| Final salary | Days worked in final month | Only if notice deducted from salary |
What to do if your employer refuses to pay salary in lieu
If your notice period was cut short and your employer is refusing to pay the remaining salary, your escalation path is:
Request in writing
Send a written request (email or letter) to HR stating the unserved notice days and the salary owed. This creates a paper trail.
File with MOSAL
Visit the Ministry of Social Affairs and Labour with your employment contract, termination/resignation letter, and any relevant correspondence. MOSAL will summon both parties for conciliation.
Kuwait Labour Court
If MOSAL conciliation fails, the case is referred to the Labour Court. Salary in lieu of notice is a clear legal entitlement and courts consistently enforce it.
- ✓Employer cutting your notice short = they owe salary in lieu for remaining notice days
- ✓Monthly-salaried workers are owed 3 months basic salary in lieu of full notice
- ✓Your EOSB is not affected by a shortened notice period — it is calculated on total service
- ✓If you leave early without agreement, employer can deduct unserved notice from final salary
- ✓Always get early release confirmed in writing with the settlement amount agreed
- ✓If employer refuses to pay: MOSAL complaint is free and does not require a lawyer
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Need legal help?
Speak to a Kuwait labour lawyer
If your employer cut your notice short and is refusing to pay, or pressuring you to sign a settlement below your legal entitlement — a labour lawyer can advise you on your options.
Talk to a Lawyer on WhatsAppFrequently asked questions
What happens if my employer sends me home before my notice period ends in Kuwait?
If your employer ends your employment before you finish serving your notice period, they must pay you the salary for the remaining notice days as a lump sum. This is called salary in lieu of notice. Under Kuwait Labour Law No. 6 of 2010, Article 44, the notice period obligation is binding on both parties — if the employer cuts it short, they owe you the equivalent pay.
Can I leave early during my notice period if the employer has already found a replacement?
Yes, if both you and your employer agree in writing to shorten the notice period. Kuwait Labour Law allows mutual agreement to waive or reduce the notice period. However, the employer cannot unilaterally decide to release you early without paying the remaining salary in lieu. Always get any early release in writing.
Does a shortened notice period affect my EOSB in Kuwait?
No. Your EOSB is calculated based on your total completed service from your first day of employment to your last day. If your employer sends you home early during notice, your last working day is still counted. The remaining notice days owed as salary in lieu do not affect your EOSB calculation — EOSB is based on total service, not on how the notice period ended.
Can my employer deduct from my salary if I leave early during the notice period?
Yes. If you resign and then leave before completing the full notice period — without the employer's agreement — your employer can deduct the salary equivalent of the unserved notice days from your final settlement. This is separate from your EOSB, which cannot be withheld for notice non-compliance.
What is the notice period in Kuwait for monthly-salaried workers?
Under Article 44 of Kuwait Labour Law No. 6 of 2010, monthly-salaried workers must give or receive 3 months written notice before the end of employment. Workers paid on any other basis (daily, weekly, hourly) must give or receive 1 month's notice.
My employer asked me to leave immediately after I resigned. Is this legal in Kuwait?
An employer can release you immediately after resignation, but they must pay you salary in lieu of the full notice period. Immediate release without notice pay is a violation of Kuwait Labour Law Article 44. If this happens, record the release date, request your full entitlement in writing, and file a complaint with the Ministry of Social Affairs and Labour (MOSAL) if the employer refuses to pay.
How do I calculate salary in lieu of notice in Kuwait?
For monthly-salaried workers, salary in lieu of notice = basic monthly salary × 3 months. For daily, weekly, or hourly workers, salary in lieu = basic monthly salary × 1 month. Only basic salary is used — housing allowance and transport allowance are excluded unless your contract states otherwise.
What can I do if my employer refuses to pay salary in lieu of notice in Kuwait?
File a complaint with the Ministry of Social Affairs and Labour (MOSAL). The ministry will summon both parties for a conciliation session. If conciliation fails, the case is referred to the Kuwait Labour Court. Salary in lieu of notice is a clear-cut legal entitlement and courts consistently enforce it.