The legal basis — Article 53
Many workers hesitate to resign, assuming they’ll forfeit their entire end-of-service gratuity. That is not accurate for most cases. When an employee resigns from an indefinite-term contract, Article 53 of Labor Law No. 6 of 2010 reduces the gratuity otherwise calculated under Article 51, based on years of service at the resignation date.
The four tiers
The legislative idea is that a worker who leaves voluntarily after a relatively short period has not yet built the "job stability" that would entitle them to the full gratuity, while someone with 10+ years is treated, on resignation, the same as someone whose service ended for another reason.
- Under 3 years of service: nothing.
- 3 to under 5 years: 50% of the calculated gratuity.
- 5 to under 10 years: two-thirds (66.7%) of the calculated gratuity.
- 10 or more years: 100% — the full gratuity. Source: Labor Law No. 6/2010, Article 53.
Worked examples (basic salary KD 500 in all cases)
Resign after 2.5 years: under the 3-year threshold — no gratuity at all.
Resign after 4 years: base gratuity (Art. 51) = 60 days × (500 ÷ 26) ≈ KD 1,154; tier = 50% — actual payout ≈ KD 577.
Resign after 7 years: base gratuity ≈ KD 2,442 (75 days for the first 5 years plus 2 full months); tier = 66.7% — actual payout ≈ KD 1,629.
Resign after 12 years: base gratuity ≈ KD 4,942 (75 days plus 7 full months); tier = 100% — actual payout ≈ KD 4,942, no reduction.
Things to watch
- The reduction applies only to voluntary resignation from an indefinite-term contract — arbitrary dismissal or fixed-term contract expiry are treated differently.
- The overall 18-month cap from Article 51 still applies even after the resignation percentage is calculated.
- Timing matters — the tier is set by actual service length on your last working day, so delaying a resignation by a few months can move you into a higher tier.
Calculate your own number
Use the free end-of-service calculator to apply these rules to your own salary and dates.
Common questions
- Do I lose my entire end-of-service gratuity if I resign?
- No, unless your service is under 3 years on an indefinite-term contract. After 3 years, you start earning a rising percentage of the gratuity. Source: Labor Law No. 6/2010, Article 53.
- How much am I owed if I resign after 6 years of service?
- You are entitled to two-thirds (66.7%) of the gratuity calculated under Article 51, because your service falls in the 5-to-under-10-year tier. Source: Labor Law No. 6/2010, Article 53.
- Do these tiers also apply to fixed-term contracts?
- The Article 53 reduction is specifically tied to resignation from an indefinite-term contract. Ending a fixed-term contract has different rules related to the remaining contract period — seek legal advice for specific cases.
- Is service counted from the first day of work?
- Yes, it is counted from the actual start date until the end of the contractual relationship, and includes the probation period unless the contract states otherwise.
Sources
- Kuwait Labor Law No. 6 of 2010, Article 53 — resignation gratuity reduction tiers
- Kuwait Labor Law No. 6 of 2010, Article 51 — base gratuity formula
This guide provides general information, not legal advice. For advice specific to your situation, consult the Public Authority for Manpower (PAM), the Ministry of Interior, or a licensed lawyer.
