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Company threatening with deportation and a legal case

I am a Civil Engineer. I came to Kuwait on a work visa provided by a private company and have been working with them for the last 10 years. I am in sales and I have been performing exceptionally well and due to this, more additional responsibilities have been put on me every year.
I have not received any increment over 7 years based on the increased responsibilities.
Despite repeated requests, there has been no increment.
So I turned in my resignation but at that time, the company threatened me with deportation and a legal case and asked me to withdraw my resignation.
My question is, is it possible for the company to deport/blacklist me and file a legal case against me when I have not done anything wrong. Please suggest what is the best way to handle this situation.

Name withheld
Answer:
No, the company can’t file any case against you or have you deported without any reason. You could take them to court if repeated threats are made.

The best way is to file a complaint with the Labor-office when you put in your resignation. Detail the threats the company is making to you so as to pre-empt any action the company make take.

Secondly, the decision to deport is not taken by any company. It can only be done by the Interior Ministry when you are in serious violation of some laws or by a court.

 

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Threats


I am a graduate, hired from abroad and came to Kuwait on 17/06/2010. I am now working with a private company — Visa Article 18. For the last 6 months company has no business and earnings. My problem started in December last week of 2012. I was asked to surrender my original passport to the company. When I inquired what is the reason for surrendering passport, they threatened me “you don’t have to ask these questions, if you don’t surrender the passport within one week, we will cancel your residence.” As I had read many articles in the Legal Clinic of the Arab Times which said the passport, ATM card and Civil ID cannot be taken by the company. Hence, I refused to give them the passport without knowing the reason.
But from January 2013, they stopped to give me my salary without any reason, other two employees were given the salary on Jan 7. I have asked many times in the official mail as well as verbally the reason for my salary delay, they are not ready to give any reason for this. Hence, I requested them to give me a release as I am not able to survive without a salary. I haven’t paid the home rent yet and there is a shortage of money for even food. But they are simply ignoring my mails and challenging me to take further action “whatever you want.”
My question is now with two months salary due to me (December and January), can I leave the firm. As  I read from your articles, a person hired from abroad needs 3 years service to get a release. Since I have passed two years 7 months, am I eligible to get a release if I go and file a complaint with shoun, based on nonpayment of salary as I don’t wish to work with this company anymore. Second option, if I give the resignation now coz of nonpayment of salary and harassment with a 3-month notice, am I eligible to get a release??? Kindly advise me which will be the most suitable option to get out from this problem.

Name withheld
The best way would be to file a complaint with the Labor Office in your area and clearly detail the reasons you want to leave the company. Please remember that if the company is not giving you your rights, you have the right to leave the firm and the Labor Dept can give you a release.

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