In our previous article, we defined indemnity and explained the process of calculating the value of your indemnity. In this article, we will explain how your indemnity is supposed to be paid. With 19 teachers leaving the high school alone, many of you will find this article useful. If you are a former administrator who quit with 0 days of notice and are returning next year to teach Elementary art, then we really have no clue how that will affect your future indemnity.
In addition to your indemnity payment, the school will also need to cancel your residency. The order in which this process occurs is important and well-defined in Kuwaiti Labor Law. In the next few weeks, departing teachers will go to a government office. They will go into an office and sit in front of a uniformed officer with a badge. This officer will ask each teacher, privately and individually, whether they have been paid their indemnity already. You will be asked to swear under oath that you have been paid your indemnity, and therefore are releasing any future rights to dispute your indemnity payment. The assumption is that if you swear it has been paid, that it has correctly been paid – this helps the government avoid disputes with former employees who no longer have a legal right to be in the country.
There is a problem with this: The school will not have paid your indemnity yet. Before leaving, an employee from the main office will instruct you to “say that you have received it.” They will promise you that you will receive it. They will tell you that every employee in the history of ASK has received their indemnity.
There is a second problem: This is not true. While the vast majority of employees do receive their indemnity, not all have. And if you go into that office and say that you received it but the school later decides not to give it to you or not to give you the correct amount, you have surrendered any right to recourse.
We here at American School of Kuwait Reviews are not really sure why the school does things this way. Maybe it is just simpler for the finance office. We don’t think that they are worried people will leave early – there are only a few weeks left at this point in the school year so anybody who has made it this far can stick it out for a few more weeks.
Good schools do the little things right. This is not a little thing. It is a big thing. And the school’s historical practice is in violation of the law. It is time that employees insist that they are paid their indemnity payment in full before being asked to falsely swear to a Kuwaiti officer that they have already been paid.