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Absent From Work in Kuwait: What It Does to Your Indemnity

4 min readLast updated: 2026-10-24

The Short Answer

If you stop working without an acceptable reason for 7 days in a row, or 20 separate days within one year, your Kuwait employer may treat you as having resigned (Article 42).

Your indemnity is then worked out as a resignation: nothing under 3 years of service, half from 3 to 5 years, two-thirds from 5 to 10 years, and the full amount from 10 years (Article 53).

In a rowIn a row: 7 days7 daysSeparate days in one yearSeparate days in one year: 20 days20 days
Either count is enough (Art. 42). The law says the employer may treat you as resigned, so it is a choice your employer makes.

What It Costs You

If your employer ends your contract, Article 52 pays the full indemnity: 15 days' wage for each of your first 5 years, then a month's wage for each year after, capped at 18 months for monthly-paid workers (Article 51). Being treated as resigned swaps that for the Article 53 share.

The table shows the gap on a wage of KWD 600 a month. Wage means your basic pay plus the allowances and commissions you receive regularly (Article 55).

Length of serviceEmployer ends itTreated as resignedDifference
2 yearsKWD 600NothingKWD 600
4 yearsKWD 1,200KWD 600KWD 600
7 yearsKWD 2,700KWD 1,800KWD 900
12 yearsKWD 5,700KWD 5,700Nothing

After 4 years on KWD 600, the full indemnity is KWD 1,200 and the resignation share is KWD 600. After 2 years, the full indemnity of KWD 600 drops to nothing.

02468Employer ends the contract (full, Art. 52), 1: 0.5 monthsTreated as resigned (Art. 42 and 53), 1: 0 months1Employer ends the contract (full, Art. 52), 2: 1 monthTreated as resigned (Art. 42 and 53), 2: 0 months2Employer ends the contract (full, Art. 52), 3: 1.5 monthsTreated as resigned (Art. 42 and 53), 3: 0.75 months3Employer ends the contract (full, Art. 52), 4: 2 monthsTreated as resigned (Art. 42 and 53), 4: 1 month4Employer ends the contract (full, Art. 52), 5: 2.5 monthsTreated as resigned (Art. 42 and 53), 5: 1.67 months5Employer ends the contract (full, Art. 52), 6: 3.5 monthsTreated as resigned (Art. 42 and 53), 6: 2.33 months6Employer ends the contract (full, Art. 52), 7: 4.5 monthsTreated as resigned (Art. 42 and 53), 7: 3 months7Employer ends the contract (full, Art. 52), 8: 5.5 monthsTreated as resigned (Art. 42 and 53), 8: 3.67 months8Employer ends the contract (full, Art. 52), 9: 6.5 monthsTreated as resigned (Art. 42 and 53), 9: 4.33 months9Employer ends the contract (full, Art. 52), 10: 7.5 monthsTreated as resigned (Art. 42 and 53), 10: 7.5 months10 Years of service
Employer ends the contract (full, Art. 52)Treated as resigned (Art. 42 and 53)
Once you are treated as resigned, the resignation shares apply: nothing under 3 years, half from 3 to 5, two-thirds from 5 to 10, and the full amount from 10 years.

How the Absence Rule Works

  • The reason matters. The rule applies to absence without an acceptable reason. If you are unsure whether your reason counts, ask the PAM labour department.
  • Your employer decides. The law says the employer may treat you as resigned. It is an option for the employer, not an automatic end to your job.
  • Two counts. 7 consecutive days, or 20 days that are not in a row but fall within one year. Either one is enough.
  • Open-ended contracts. The Article 53 shares are written for open-ended (indefinite) contracts. If you are on a fixed-term contract, ask PAM how an absence affects your indemnity.

Ten years or more of service is the exception: the Article 53 share at that point is the full indemnity, so being treated as resigned does not reduce it. The 10-year guide explains that step.

How to Protect Your Indemnity

Tell your employer in writing why you are away, and keep proof of the reason. If your employer says you have resigned and you disagree, apply to the PAM labour department. It calls both sides, and if it cannot settle the dispute it sends the case to the Court of First Instance within one month (Article 146). Workers pay no court fees on these claims, and a denied claim is not heard one year after the contract ends (Article 144).

1Tell your employerin writingSay why you are awayand when you expect toreturn. Keep a copy.Early2Keep proof of thereasonKeep any document thatshows why you could notwork.Proof3Told you haveresigned?Ask for it inwriting and take itto the PAM labourdepartment.Art. 1464Keep inside thetime limitA denied claim isnot heard one yearafter the contractends.Art. 144
Article 42 turns on whether the reason for the absence is acceptable, so a written record of the reason matters.

The Kuwait complaint guide takes you through the steps, and the Kuwait calculator shows both figures for your own dates: choose ‘Resigned voluntarily’ for the resignation share and ‘Terminated by employer’ for the full amount.

Frequently Asked Questions

How many days of absence count as resignation in Kuwait?

7 consecutive days, or 20 separate days within one year, without an acceptable reason. After either, your employer may treat you as resigned (Article 42).

Do I lose my indemnity if I am treated as resigned?

Not always. The resignation shares in Article 53 apply: nothing under 3 years, half from 3 to 5, two-thirds from 5 to 10, and full from 10 years. On KWD 600 a month after 4 years that is KWD 600 instead of KWD 1,200.

What is an acceptable reason for absence in Kuwait?

Ask the PAM labour department whether your reason counts. Tell your employer in writing why you are away and keep proof.

Can I challenge being treated as resigned?

Yes. Apply to the PAM labour department, which tries to settle and can send the case to the Court of First Instance (Article 146). A denied claim is not heard one year after the contract ends (Article 144).

Related Tools & Guides

Kuwait Indemnity CalculatorKuwait Indemnity If You ResignDismissed for Misconduct in KuwaitFile a labour complaint in KuwaitKuwait Indemnity: Complete Guide

More Guides

Kuwait Indemnity If You Resign: How Much You Keep(5 min read)Kuwait Indemnity for Women Who Resign After Marriage(3 min read)How to Resign in Kuwait: Notice, Indemnity and Final Pay(6 min read)Kuwait Indemnity After 10 Years: What You Get(4 min read)Kuwait Indemnity on a Fixed-Term Contract(4 min read)Fired for Misconduct in Kuwait: Do You Keep Your Indemnity?(4 min read)

Sources, updated 24 October 2026

The law and official pages this guide relies on. General information, not legal advice.

Disclaimer: This guide provides general information only and does not constitute legal advice. Laws and procedures may change. Consult a qualified legal professional for advice specific to your situation.