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Case lost in Shoun

First of all I need your help and advice regarding my release from the company where I am working. I lost my case in Shoun (Ministry of Social Affairs and Labor) in Hawally the first time and had the same result at Shoun Behbehani second. Now I again tried to file a case in Shoun Hawally (through a lawyer) but the officials there refused to accept my application.

I arrived in Kuwait on April 12, 2010 and I tried to hand in my resignation letter 3 times but my company would not accept it. Starting Jan 9, 2013, I decided to stop working for this firm and opted instead to file the case in Shoun (Hawally) on the same day. Now, I hired a lawyer on Dec 28, 2013 and he tried to file my case on Jan 28, 2014 at Shoun Hawally but it has refused to accept the application until now, so he can’t file my case and I also feel he is not interested in helping me. 1.

Now my question is it OK if I file my release case with Hawally court instead of the Shoun because I have lost my case in Shoun Hawally and Behbehani? 2. Is there a chance to get a release from the court? I don’t know what to do. Now I can’t sleep at night, thinking of my problems.

Please help me as I need to support my family. Following are the main details again: Arrival in Kuwait: April 12, 2010 Stopped work: Jan 9, 2013 Shoun Hawally: Lost case Shoun Behbehani: Lost case again Visa validity: May 1, 2014

Name withheld
Answer:
You have been losing the cases because of your own fault. You lost every time because you were hired from abroad and were required to complete three years with the firm which gave you the job before you could seek any transfer.

You can’t just leave the company because you don’t like it. There has got to be reasons other than that... like you were not being given your rights or were being mistreated.

That would have been causes for leaving the firm and in such a case your applications would have been accepted by the Ministry of Social Affairs and Labor. Your lawyer also seems disinterested in the case because he knows very clearly that you are in the wrong and there is no way in which you can win the case.

Even if you take the case to court, the decision is unlikely to be in your favor because the company has not wronged you. It is you who has made all the mistakes (from what we understand from the details that you have provided us).

So, the only way out, at the moment, is for you to go back to the company and request them to release you or that you are ready to work for them again. If they accept to keep you again, then you should stay with them until you complete at least three years service with them, which means only a few months more.

Once you complete the three years service with them then you can’t be stopped from seeking a local transfer.

Only if they don’t accept your offer and try to have you deported, then you can go to the court. It is possible that now the court “might” rule in your favor because “you are willing to work and it is the company which now does not want to retain your services”. The chances of everything working out might be slim but at least you “might” win for once.

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