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Residence extension

I wish to inquire about my current situation as I have been working with a new company for the last 7 months. I knew right after they transferred my visa to their sponsorship that I had taken the wrong decision.

The owner of the company and his wife are running the business and treat all their staff in the office in a very despising manner. I wish to resign immediately as I can’t take or stomach their words towards me and others... it is always the same situation let alone when they are upset about something.

However, I am waiting for the other officer to come back from his vacations before I resign as I am currently alone and handling the job in my department.

Also, I applied for my vacations, to start this June. Does he have the right to reject my annual leave application as I started working in this company in September but they transferred my visa to the company in October? If lets say, I resign in July and this officer insists on me completing the three-month notice period, even though my visa will expire during the completion of the same, do I have the right to ask for an extension of my visa? If my visa expires, is it possible to let the other company renew it for me?

Name withheld
First of all, before we go on to the main issues, please remember that you can only transfer to another company after spending one year with your current sponsor... unless the management is robbing you of your rights. Secondly, the company has the right to reject your leave application because of two articles in the Kuwait Labor Law. First, Article 70 of this law clearly states that the “worker shall not be entitled to a leave for the first year of work except after at least nine months of service”.

Secondly, Article 72 states that the “employer shall have the right to determine the date of the annual leave”. So, you can easily see that you are not entitled to any annual leave so far and the employer can reject your application.

But you can apply for “leave without pay” although even in this case your superiors have the right to reject even this leave application.

On the issue of the notice period and extension of residence, the sponsor has the right to ask you to complete the notice period but you have the right to ask for the extension of residence — even for one year — if your residence expires during the notice period.

And no, you can’t transfer to the next employer until completion of one year but once this period has been completed the transfer can take place, even during the notice period if your current employer has no objections and signs the release papers. On the other hand, if your current employer refuses to extend your residence and also doesn’t sign the release papers, you can always request your next employer to get you temporary residence (Article 14) to ensure your residence doesn’t expire.

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