Question: SECTION II: Sample Q&A Question: Othman has been the Marketing Manager at a major ISP company in Kuwait City for over 2 years. He is

 SECTION II: Sample Q&A Question: Othman has been the Marketing Manager

SECTION II: Sample Q&A Question: Othman has been the Marketing Manager at a major ISP company in Kuwait City for over 2 years. He is a Muslim and has never completed Haj rituals before. He feels that he is in good health and has enough money to complete Haj. He applies for Haj leave but it is rejected by the company. The company tells him that Haj leave is not included in his employment contract. The HR Manager jokingly tells Othman that he is young and has plenty of time to complete Haj in the future. In fact, there is a project coming up and the company needs Othman to stay in Kuwait. Advise Othman. Answer (using the IRAC model) Issue: To establish whether the company can reject Othman's request to complete Haj rituals. Rule/Law: Law No.6 of the year 2010 CONCERNING LABOUR IN PRIVATE SECTOR, (Article 76) In the present case, the company has rejected Othman's request for Haj based on his employment contract. Kuwait's Labour law governs all employment contracts in the private sector. The contract between Othman and the ISP company can be characterized as express, valid, and legally binding. Applicability: As per the facts, Othman has completed just over 2 years at the ISP company. It is also evidenced that Othman is a Muslim, and he has not completed Haj rituals in the past. Therefore, the requirements outlined in Article 76 have been satisfied. Conclusion: In accordance with Article 76 of Kuwait's Labour Law and in terms of the case particulars, Othman is entitled to 21 days leave to complete Haj rituals. Othman should consider the company's actions a breach of contract

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