Wataniya Airways sends “staff” ambiguous letter

further to the last meeting held between wataniya airways and staff representatives, wataniya airways finally issued termination a letter to its employees - however, the letter was described as "ambiguous" and did not really answer the staff's concerns - the letter was dissected and some serious questions were raised on virtually every point.

one major concern was the absence of time frame as nothing mentioned when or how the employees dues will be settled! another concern was the selective use of the labor law - if all was as per the labor law, why is the airline breaching its articles on daily basis and why are their contracts also being breached???

here's the full letter analysis as received by a staff's representative:

Disclaimer,

The following post represents our teams point of view, we are NOT lawyers, but like most of the educated members of this group, it is safe to assume that we know how to read and interpret the law from a layman’s perspective, please use your own common sense and good judgment to assess and evaluate what’s written below. DO NOT quote us on any of the below labor law articles, please do your home work and read the labor law yourself.

THE TEAM
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Anatomy 101, how to dissect an email ;)

Take note of the following points, please read carefully, cross reference the numbers below with the numbers on the email scan in the photos section.

a- “Staff” = as per labor law, you are no longer “staff” since as par article # 48 you have the right to terminate the contract without notification if the employer does not abide by the terms of the contract OR the provisions of the law, which happened already, since as per article # 56 payments SHALL NOT be delayed for more than 7 days, not to mention that as per article # 61 that he (the employer) SHALL also pay the remuneration of workers throughout the complete or partial period of closure if the closure is due to any other reason not related to the workers, as long as the employer wishes them to keep working for his account.

b- “With reference” = in the Arabic version its written “in addition to”, which gives it a different legal meaning, addition to means this is an appendix or part of the termination letter, with reference means this is merely a clarification of a previous correspondence.

c- “Terminated” = once again, “terminated” literally means terminated, it is not a notice period, if the termination letter was a notice period, it would have clearly mentioned that the 7th or march was the start of your 3 month notice, ending in you being “terminated” on the 7th of July.

d- “Subsequent legal and procedural measures” - “implications of some further procedures” = the only “measures” and “procedures” to be carried out by the company now is to pay us our dues, as per the continuation of article # 48 that the worker SHALL be entitled to his end of service benefits, as per article # 52 the worker is entitled to the entire end of service benefits, and as per article # 44 -b, you are also eligible for the compensation of the notice period if the party wishing to terminate the contract (in our case the company) does not abide by the period of notice.

f- “notification” = in the Arabic version its written as “request”, although there is a major difference between “requesting for permission to leave” and “notifying you that I’m leaving without waiting for your approval”, either terms are wrong anyway since once again you are no longer “staff” as per the explanation above.

g- “administrative measures applicable in such cases” = it is no secret that some employees were and still are being bargained to leave a part of their total financial dues in order to be given an immediate release, needles to say it is within the company’s power by law to not give you an immediate release, that’s mentioned in the famous article # 44-d, BUT for that to happen, as per the continuation of article # 44-d, you have to be WITHIN your 3 month notice (not our case, we are already terminated), you have to still be an employee (not our case) you have to be paid your entitlements and remuneration for the period of notification (not our case too)

What you will be told to believe is that you are still an employee! And that as per article # 53, if you want to leave now you will get an indemnity of HALF a month for every year of work since YOU are the one who’s terminating the contract!!!

h- “the end of service settlements dues will be in accordance with Kuwaiti labor law” = why is it not mentioned that it will be in accordance to our contracts??? Is there a try to enforce the labor law instead of the contracts??? Article # 6 states that the labor law shall represent the MINIMUM level of workers rights, therefore, if your contract allocates more entitlements it is to your benefit!!! why is it not mentioned WHEN or HOW these dues will be settled??? if all was per the labor law, why are several articles of the labor law being breached on daily basis??? why was our contracts breached??? why are we being led to believe that we are still employees??? And why oh why is the intentional ambiguity???

related posts:

wataniya airways fears law suit agrees to "connect" with staff

wataniya airways staff to sue the airline.. what a pleasure!

wataniya airways staff get first class treatment

more trouble ahead for wataniya airways

wataniya airways closing down

    7 Responses to “Wataniya Airways sends “staff” ambiguous letter”

    1. Moe22 says:

      And the saga continues.. check with your lawyer guys though I have a feeling you already did

    2. san says:

      They are just buying time. The reason it is ambiguous is because they don't want anything to be held against them legally.

    3. Shameless says:

      OK this is clear that they are buying time…So act people because they don't give a damn about you or your families…they have their money and their lives…YOU DON'T

    4. angry says:

      Piece of shit letter. That dumbass should have saved his time rather than try to foul someone with that.
      GO PEOPLE, GO! LET THEM PAY YOU EVERYTHING TO THE LAST DINAR! YOU ARE HUMAN NOT A TRASH TO DUMP WHEN BEING USED BY THOSE DISGUSTING INDIVIDUALS who have no guts or care to take the responsibility for what they caused. At least to leave with a dignity and clean face. They will rather pay the media to not publish the dirty true to the public then pay their employees. Rubbish.
      Do not stop people until you get what belongs to you and they what they deserve – an worldwide international shame! Kuwaiti stealing money from expats! Lulu Hypermarket has to donate food for ex-employees while owners of Wataniya Airways continue living their luxurious lifes and feeding their already fat asses!! OMG!
      My respect and thanks goes to LULU and those who initiated this action!
      To the author of the above letter: 'If I wanted to hear from an @hole I would have farted!'

    5. Marzouq says:

      Just sue and keep pressing them in court! It will take time but its the only real course of action they have at this point! The company just had another round of funding, and they won't file for bankruptcy so they have to pay the employees based on the Ministry Laws!

    6. Wataniya says:

      Wataniya Airways Victims Group

      Travelers holding tickets from WATANIYA AIRWAYS for flights after March 16, 2011 demand full refund of their paid tickets!! Join this Group to organize our demand:

      http://www.facebook.com/pages/Wataniya-Airways-Vi

    7. Wataniya says:

      Wataniya Airways Victims Group

      Travelers holding tickets from WATANIYA AIRWAYS for flights after March 16, 2011 demand full refund of their paid tickets!! Join this Group to organize our demand:

      http://www.facebook.com/pages/Wataniya-Airways-Vi

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