Legal Clinic

I have been living in the same flat for over 12 years. Recently the compressor of the central A/C stopped working. The landlord is asking me to bear half the cost to install a new compressor. The rent is KD 240 and he wants to increase it to KD 300.

My contract will be renewed next year. Can he do this?

The building & the central A/C belong to him & not me.

Can you explain what is the law in this case.

Can I pay the rent in court and if I pay the rent in court will they tell the landlord to fix the compressor ASAP.

Also I would like know that in case I decide to shift to another building can the landlord stop me by telling me to repair his A/C first.

Name withheld
Answer: You can’t be made to pay for anything which is not in your flat. All such repairs have to be carried out by the landlord. If there is a problem with the repairs you have to approach the Municipality (Baladiya) and file a complaint.

The Municipality will ensure that all the repairs are carried out. On the rent issue, the landlord has the right to increase the rent by a maximum of 100 per cent. So, if it has been 5 years since the last increase, the landlord has the right to increase the rent. If the last rent increase took less than 5 years ago, then you can approach the Rents Court.

This court will then decide whether the increase is justified or not. It can also decide the amount of the increase. For the duration of the problem, you can deposit the rent with the court by the 20th of each month.

Send your queries to [email protected] or [email protected]

First of all I would like to thank you for all your advice and assistance you give. I am also looking for advice.

The building I reside in is about 15 years old …so here comes the problem: rather than fixing the problematic areas the harris (caretaker) expects us to repair the things.

For example, the building elevator is not strong enough due to which we cannot arrange parties or small get-togethers because it heats up and then stops.

The second problem is “balconies” because these days it is hard to find a apartment with a balcony, but those who have one are lucky because it’s used daily … for example for laundry, or reading a book. The problem is the weather here forces us to clean the balcony every week, but when we do we are told we are not allowed to do so as “the water flashes on the balconies below our floor and dirties these balconies”.

We have been told the people who are affected can report us to “Baladiya” (municipality).

Please guide me on what I should do and also tell me if I am wrong about the balcony issue.

Name withheld
Answer: You must remember that the repair of the building has to be done by the landlord and the tenants don’t have to bear the expenses of such repairs, especially things like elevators.

Secondly on the issue of balconies, you have to discuss the issue with the other tenants so that there are no problems tied to the cleaning of the balconies. It is true that the tenants can complain against other tenants who create problems but you can get around this issue by a mutual agreement with the other tenants.

Before cleaning the balconies, you can warn the tenants of the lower floors so they are not affected by the water which comes from your flat. This must be handled amicably.

Send your queries to [email protected] or [email protected]

My visa will be changed in December and the work permit shows a basic salary of 250. Actually I am an engineer but in the work permit they won’t show it. Can I apply for a dependent visa for my wife and child? My engineering degree certificate has already been attested.

Name withheld

Answer: You won’t be able to get the dependent visa because the salary cap has now been set at KD 450.

I am working in a school and my salary is KD 390. My wife and two children are already with me in Kuwait. According to the new law, KD 450 has been set as the salary cap to get a dependent visa. As my family’s residence is expiring soon, I want to know whether their residence will be renewed or not.

Name withheld

Answer: The concerned minister, while announcing the KD 450 salary cap, clearly said that the decision would not affect those expatriates who were already in the country before the decision was announced nor would it affect those expatriates whose residencies are to be renewed.

Send your queries to [email protected] or [email protected]

I am staying in Kuwait for last 13 years along with my family. My brother (blood relation) would like to visit us along with his family in December. I fulfill all other criteria to get the visa. Can my brother’s family also can get visit visas?

Name withheld

Answer: Yes, you can apply for the visit visas of your brother and his family if you are earning at least KD 300 according the latest decision on the issue but the Immigration Department always has the last word and has the right to reject your applications without assigning any reason

I am an Indian and moved from UAE to Kuwait in May-2016. Me and my wife have residency and Civil IDs. My daughter is studying in India and she comes here on visit visa. However, can we sponsor our parents for visit visa. Their age is over 60 years.

Name withheld

Answer: According to the latest decision, issued very recently, you cannot get visit visas for parents who are over 50 years … but the Immigration Department does accept applications for the “over-50” parents and issues visit visas under “special circumstances”.

I am an Indian working in Kuwait. On May 26, 2012, I was involved in an accident in Mahboula, on the seaside road, opposite to the Mareena Tower. A KPTC bus hit me while I was riding my bicycle on the way to Fintas.

I had an operation and the doctors fixed the fracture of my bones in my right leg with a 4” steel plate. I have filed a case at Fintas Police Station and also handed my case to an advocate who was referred to me by one of my friends. I made a power of attorney for the advocate for this case.

In February 2013, when I called him just to know any updates of my case he said “They have made the bus driver a victim and fined you KD 10 for riding a bicycle on the street.” But since our last talk in March 2013, I tried to call him he did not respond to any of my calls.

Is there any advice of yours which could help me out. Because of this accident I lost my previous job. I also lost my bicycle, I have no idea who took it… even the police — on the day of accident — said that had not seen any cycle there. And lastly I cannot walk as perfectly as before. There is always a lot of pain.

Name withheld

Answer: You need to immediately get in contact with your lawyer, so go and see him at his office. You must find out why the court issued the verdict against you. There must be a detailed judgement issued by the court which was hearing your case. Some lawyers are not to be trusted because when you give them the power of attorney to fight your case, a few of them end up making deals with the rival lawyers. But this is a case with a very few of this profession…because most of them are very honest. If you feel that the verdict is incorrect, you must get a new lawyer and appeal the verdict in a higher court. That is the only thing you can do.

Send your queries to [email protected] or [email protected]

What is the solution for renewal of the residency “if the company file is closed under Code 71” Your opinion will be very beneficial for our whole family.

Name withheld

Answer: Code 71 is tied to visa trading and if a company’s file is closed because of this reason then neither the Ministry of Social Affairs and Labor nor the Immigration Department will accept any transaction (except for temporary residence) until the file is reopened.

The only way out is for you to take the company to court. If the case is decided in your favor the court could order the relevant ministry to transfer your residence.

There is no other way out of this situation unless the Ministries of Interior and Social Affairs & Labor announce an amnesty for expatriates affected by such orders although such an amnesty is not on the cards for the moment.

Send your queries to [email protected] or [email protected]

First of all I would like to thank the Arab Times for giving advice via the Legal Clinic. It’s really a great service and very helpful to us expatriates … keep up the good work. You are kindly requested to advise on the following:

The company every month pays us a basic salary of KD 600 + Housing Allowance KD 150 + Food Allowance KD 100 = Total Gross Salary KD 850 per month.

My questions:

1. If the company pays a housing allowance of KD 150 every month, and the employee goes on vacation or emergency leave is he eligible to receive same while on vacation?

2. If the company pays a Food Allowance of KD 100 every month, and the employee goes on vacation or emergency leave is he eligible to receive same while on vacation?

3. If employee signs a contract for 10 hours as a regular work day for 6 days a week, is the employee eligible for overtime after 10 hours of work… is this fair as per Kuwait Labor Law.

Your feedback on the above will be highly appreciated.

Name withheld
Answer: Yes, you are entitled to the housing allowance as long as you are working for the company, regardless of whether you are on duty or on short /long leave.

The food allowance issue has to be mutually decided between the employer and the employee but if it is mentioned in your contract that the food allowance will be given every month then the allowance can’t be stopped regardless of whether you are on leave or not. But please remember that you CAN’T be made to sign a contract to work for 10 hours a day.

This is against the Kuwait Labor Law. You can only be made to work a maximum of 8 hours a day. If anything more than 8 hours is mentioned in your contract the Ministry of Social Affairs and Labor will cancel it. If you are made to work more than 8 hours you must be paid for that extra work.

Send your queries to [email protected] or [email protected]

I shall be thankful if you can help me locate the old Labor Law in the private sector i.e. before the Feb 21, 2010 new law implementation. Tried to search over the Net but failed to get a copy of the same. An early response will be highly appreciated.

Name withheld

Answer: Copies of the old Kuwait Labor Law are available with most of the major translation offices. Some of these are located opposite the Safat Post Office. You can also contact the Arab Times News Editor, Tel: 24813566 ext 276. You can take photocopies of the copy we have in our files.

Send your queries to [email protected] or [email protected]

I have been working in a Pakistani school in Kuwait for many years. Before the start of the current academic year many teachers were terminated from school because of “excess staff” and their classes were distributed to other teachers.

Now, we are not getting any fruitful results from students. Further, school bus duties for male and female teachers are being assigned forcefully, 5:45 am pickup time for teachers and in afternoon they come home as the last bus riders.

It doesn’t end here only, if any teacher refuses to perform the bus duty, they are threatened and explanation sought from them. The administration then takes appropriate action … which can even be termination from school.

My questions are as below:

■ Can the school administration assign out of school hours’ duties to teachers at out of school locations and make them work forcefully? Even if teacher is not ready to do it for the extra salary paid to him.

■ If no, can they terminate a teacher for this reason.

Name withheld

Answer: You need to have a close look at your contract and see what exactly are your duties. All schools have out of school activities and teachers can be assigned to these but again you need a look at your contract and see what it says… and yes, schools can fire you on any excuse …even without assigning any reason.

Please remember that if any institution requires you to perform overtime or extra duties you have no choice unless your contract specifically says that you can’t be assigned certain work.

Send your queries to [email protected] or [email protected]

There is a new law now that for a dependent visa the salary should be KD 450. Now my question is how about those who already have a visa from before the announcement of the decision … my salary is KD 250. Will I be able renew the visa.

Name withheld

Answer: The concerned minister has already announced it does not affect renewals of the residencies of those expatriates who got the dependent visas before the decision was announced because the decision has not been back dated

Kindly send your queries to [email protected] or [email protected]