I have been working as an engineer in a very big and reputed company in Kuwait since January 2004 on a government project visa after being recruited from abroad (India).
Our company is passing through tremendous financial problems for the last few years. Due to this financial problems, I, (I mean almost all the permanent employees of this company) did not get salaries for the months of January, February, May & June 2016. My work permit and residency/ Civil ID also expired on 04-05-2016 and still my company has not been able to get a new work permit for a new residency.
Now, my company has put a temporary residency for 3 months i.e. valid up to end of this month. I also came to know from our administration department that all files have been closed by the Ministry of Social Affairs & Labor of Kuwait (Shaun Office).
In this situation, if I get a job with a new sponsor for a private or government project, is it possible for me to get a transfer from my present company to the new sponsor during this my temporary residency period?
Kindly, give me the proper legal advice and also provide me details of the needful procedures so that I can follow the same.
Answer: Please remember that you can’t transfer to any firm as long as the files of the company remain closed because the Ministry of Social Affairs and Labor refuses to accept any transaction related to the company until the “objections”, due to which the files were closed, are removed.
The only way out of this problem is to take the company to court and after hearing the case it is possible that the court may order the Ministry of Social Affairs and Labor to allow the transfer of residence.
Please remember, however, that even if the court were to issue this order you would be allowed to transfer only to another government project because you are on a government project visa. You can’t transfer to a private firm.