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Local Transfer

I am an engineer have been local transferred to my current employer. I have now got a better offer from another company but I will be completing one year with my current sponsor on May 7, 2014. Can I resign now and will I be given a release or should I wait until I have completed one year with this firm and then give the resignation letter? What does the Kuwait Labor Law state on the issue.

Name withheld
Answer:
We answered a a similar question very recently but if you have not seen the answer, we are reproducing the same below for your information. “You have not mentioned whether you are a diploma engineer or whether you have a degree in engineering from a university. It makes a lot of difference as your transfer depends on it. Anyway we will give you the outcome for both situations. If you are a diploma engineer, you won’t be allowed to transfer even if the company gives you a release and will have to wait a year before you can transfer.

As you were a local transfer, after completion of one year’s service you will be able to transfer to another firm even if the company refuses to give you a release. Now if you have an engineering degree from a university, it will be a totally different matter. In this case, you will be able to transfer your residence if the company gives you a release.

The release is very important and without it you will not be able to transfer. So, you will have no problems if you get a release but if the release is not given you will have to wait until you complete one year’s service with the company. Again in this case, as you were a local transfer, you won’t need a release if the company refuses to give you one after the year is over. Please also remember that you can hand in your resignation, with three months notice, after nine months because the Kuwait Labor Law clearly states that the notice period has to be counted in the total service.

So it is okay to make up one year’s service with the notice period.

 

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