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Unhappy with job

I recently sent you a question but I have not received any e-mail from you regarding the reply or has anyone called from your office. I am sending the question again and I hope that I get a quick reply. First of all, your question was answered recently but it is possible that you might not have seen it. Secondly, we don’t reply each query individually, either through emails or phone calls. The answers are published in the Legal Clinic column every Monday and also carried on our website.

The aim is to ensure that all those who face similar problems benefit from our answers. And lastly, just in case you did not see the issue that carried the answer to your query, we are publishing both your question and the answer for your benefit. I am an Indian and arrived in Kuwait about 2 months ago. I am working here as a technician.

My iqama, Civil ID i.e. work visa etc formalities have not been completed yet by my company and are still in the process although all the medical finger printing etc I has been done... I just have my passport and the entry visa (samat dakhul) with me.

The entry visa states that entry is valid until Jan 30, 2014. Now I want to resign and quit my job in this company as I am not satisfied with the job. I want to leave in the first week of March.

My probation period is 100 days.

Now I have following problems:

1) Can I resign without notice from my company since am still on probation?

2) Will they ask me to pay some damages or costs etc? or should I leave without informing them?

3) Will the immigration authorities at airport stop me from leaving the country if I leave like this (i.e without informing employer and without any iqama on the passport or Civil ID etc)

4) While I am still in Kuwait, can any police/govt official detain me for staying in Kuwait without any residence visa/Civil ID etc?

Name withheld
Answer
: First of all, your company has landed you in a lot of trouble by not completing all your formalities within 60 days, the period set by the government of Kuwait for this purpose.

This means that you will be treated as a visitor now, until the stamping of your residence, and will have to pay a fine of KD 10 per day. But that is a separate issue and we will try to answer all your questions one by one. Since the probation period is not over, you can resign without notice regardless of the fact where you were hired from although the company can claim any amount it has spent on getting you into the country. You will have to get your own ticket as you will have resigned but if your services had been terminated the company would have had to pay for your return home.

Secondly, you can’t be asked to pay any damages because you are still in the probation period and have neither been declared accepted for the job nor have you signed any contract. We would not advise you on leaving the company without informing them as this is unethical and could cause you problems if you wish to return to Kuwait in the future because the company could request the immigration authorities to place a ban on you. You can leave the country only after paying the fine.

The immigration authorities will stop you from leaving the country if this fine has not been paid. You will be asked to go and first pay the fine for which a booth has also been set up at Kuwait Airport. And lastly, yes you can be detained by the police for not having the residence within the stipulated 60 days. But we would also advise you to check with your company whether it has got temporary residence, Article 14, for you. Companies get this residence for their employees when the residence formalities are not completed in time.

This helps in legalizing your stay plus averting any fine. If the company has got you the Article 14 temporary, you will not face any difficulties. You can’t be detained by anyone in this case and can also leave the country whenever you want - as long as you have this residence — without paying any fine”.

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