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Company filed absconding case after giving release

I resigned from my first company, seven months after joining them. They gave me the release paper (Thanazil) only after I had completed one year’s service with them.

I was staying in the company camp up to that point. After obtaining the work permit (Izn al-amal), when the new company tried to get my residency, the authorities declined to do, saying that my first company had filed a police case against me (Absconding).

Now the first company says that they cannot help me as I have already got detached from them.

Now I am in a serious condition as I am without a valid residence and have to pay a fine of KD 2 per day. What can I do to get rid of the problem?

Name withheld

Answer: We fail to understand how a case could be filed against you when you already have a release from your company, on the basis of which the Ministry of Social Affairs and Labor has given you a new work permit. If there had been a case against you this permit would not have been issued to you. Something is very wrong here.

Maybe, it’s possible that the second company doesn’t want to sponsor you any more. But, it looks more of a problem of oversight. In any case, you have the release letter signed by your first company. Just take it to the police station where the case was filed along with a letter from that company saying the case against you has been dropped and the matter will be cleared.

In case, the matter is not resolved take the first company to court and sue it. It can’t give you a release letter and then file a “absconding case” against you once you are out of sight. You should also ask for damages from the company for the problems it caused you.

Please also remember that as long as case is in court, you will not be fined. Moreover, the court should decide in your favor because you have proof that you did not “abscond”-the release letter because of which the Ministry of Social Affairs gave you the new work permit

You can also send us your legal queries through facebook messages( http://www.facebook.com/arabtimeskuwait )

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