Legal Clinic

Kindly be informed that when I came back from unpaid leave — which I took for almost 5 weeks (I am not entitled to a paid annual leave as I have not completed 9 months in my new company) — I found that my company people were not ready to pay me money related to the period of Eid Al-Fitr (3 days). They said the Eid Al-Fitr days came in the middle of the unpaid leave period.

My understanding is that as per Article 68 of Kuwait Labor Law “Eid days are fully paid holidays” regardless of whether the leave is annual leave or unpaid … accordingly my leave is unpaid for the normal working days and not for official holidays.

Does that also mean an employee can’t avail the public holidays to go out of the country for the first 9 months? Kindly give me your legal opinion on the aforementioned subject.

Name withheld
Answer: Please don’t take articles of the Kuwait Labor Law in isolation nor twist them to suit your purpose. When you take unpaid leave, you are not paid for the official holidays and weekends that fall within this leave.

In fact, even when you are on annual leave, you are not paid for these official holidays or weekends. Weekends and official holidays falling within the unpaid and paid leave are treated in two different ways.

For the information of all our readers we will discuss both the situations.

According to the law, you are entitled to only 30 days paid leave. The only benefit you have in this regard is that all the weekends and official holidays are added to your leave but you are not paid for these nor is any amount deducted from your salary for these holidays being added to your leave.

For example, when you take 30 days annual leave and four weekends plus three Eid holidays fall within those 30 days, you will be entitled to go home for 37 days. But if the company wants you to take only a total of 30 days off, then you will have a balance of 7 days paid leave which you can avail later or add to your next annual leave.

In all cases, your annual leave salary will be calculated as follows:

Monthly salary divided by 26 and then multiplied by your leave (total number of days after deducting the weekends and official holidays).

So, if the above case your sponsor allows you to go for 37 days (including the total 7 weekends and official holidays) then your leave salary will be monthly salary divided by 26 multiplied by 30.

But if you are given a total of 30 days off (including the total 7 weekends and official holidays) then your leave salary will be monthly salary divided by 26 multiplied by 23. And 7 days of your annual leave will remain in balance.

So, you can see that although you may get the extra days off, you don’t get any extra payment for these days.

Things become worse when you take unpaid leave as all the weekends and official holidays that fall within these holidays are counted as part of the unpaid leave.

You neither get any extra days for these official off days nor are you paid for them. Now if you want to avail the official holidays or weekends in isolation whenever you want (even within the first 9 months) this becomes a totally different situation.

Unless the company needs you (in which case it has to pay you overtime), you can leave the country for those days and go where ever you want. Some companies don’t even require you to inform them of your plans but some do, so they can plan for any eventuality just in case they need your services and you are not available.

I am an Indian woman working in a hospital. My salary is KD 400. Almost eight months back my husband lost his job and his company cancelled his work permit and sent him back to India. He went back to our country along with our son who is 5 years old. He left the country without cancelling his visa as my son was on my sponsorship but since the last 8 months he is not in Kuwait and his residency has also expired. Now I want to bring my son back. Can I apply for a new visa for him. Will the Immigration Department impose some fines on me for giving me a new visa.

Name withheld

Answer: Unfortunately, you will not be allowed to sponsor your son and get him back to Kuwait because only husbands are allowed to sponsor the children as dependents.

We have noted the fact that you were the child’s sponsor when both your husband and child were in Kuwait but such sponsorship is allowed in special circumstances: like if your husband is having visa problems and is unable to sponsor the child for a certain duration, the Immigration Department — on compassionate grounds — allows the mother to sponsor the child for a certain period.

But, in cases where both the husband and the child are in their home country, the Immigration Department does not entertain the mother’s application to sponsor the child unless the mother is either a widow or a divorcee. So, in a few words, you can’t get a visa for your child.

I would firstly like to thank you for the clarifications that you have been providing to all the expatriates here in Kuwait and appreciate the efforts put in. I am aware that a new visa can be issued after 6 months once the person leaves the country. But does the condition of 6 months apply even if the visa has not been utilized/used? I mean if the visa is not used and it expires automatically, do I still have to wait for 6 months before applying a new visa?

Name withheld
Answer: No, the 6-month condition does not apply if you have not used an earlier visa. You can just apply for another one as soon the one which you did not use expires.

I am a Sri Lankan working in Kuwait as a saloon employee. I have my family (wife and baby girl) here with me. For the last one year I have been having health problems as I am a diabetic, plus suffering from hyper tension and have not been able to work properly.

Now I have run into other problems. I have not been able to pay my house rent for the last two months. This is about KD 700 and because of this reason the landlord has kicked us out of our apartment.

We don’t have a place to sleep. I also need to pay KD 300 as electricity bill. Is there anyone in Kuwait who can help send my family back to my country.

Name withheld

Answer: Please understand that the Legal Clinic only offers advice to our readers and does not involve itself in charity.

You have also to understand that the Ministry of Social Affairs and Labor has also banned newspapers/ the media from soliciting donations for any person or donations — regardless of the circumstances, unless prior permission is obtained from the ministry.

As such we can neither publish your appeal nor your contact numbers nor ask our readers to help you. The only thing we can do is inform you that there are a number of charity/ zakat organizations in the country which help the needy. You have to approach them yourselves.

These organizations will check your claims and only help you if they feel that your claims are genuine

My 3-year contract with my current company is expiring on Nov 14, 2016. I have secured another job and informed my company that I am not renewing the contract. But my current company is refusing to give me a release, so according to the new rules can I transfer my residence without approval of the current employer? Kindly help me with this legal issue.

Name withheld

Answer: No, you can’t transfer to a new sponsor without the permission of the current sponsor but the Ministry of Social Affairs and Labor or the Public Manpower Authority (PAM) can be approached for such a permission if the current sponsor rejects your request once you have completed three years service after being hired from abroad. But if you transferred to this firm locally, it can’t stop you from transferring to another sponsor after one year’s service. The relevant authorities will automatically sanction your transfer. So, if the company rejects your request you can approach the ministry directly or through the Labor Office in your area.

I was terminated by my company on June 30, 2016, and after I signed my termination paper, the employee relations officer informed me that I had only 1 month to provide them a transfer request from another company and if I failed to submit any transfer request after 1 month they would file a case on me. The validity of my visa is November 2017.

Having read your response to the question above, I have already asked my current employer to give me a transfer request but they said they already working on it.

Secondly if I fail to submit the transfer request what kind of case can the company file a case against me and thirdly can they cancel my visa if I fail to give my transfer request after 1 month.

If they file a case against me can I still get my indemnity. I worked for the company that terminated me for over 5 years. The reason of my termination was verbal fighting / instigating a fight with my supervisor.

Name withheld
Answer: The company is wrong. It can’t force you to transfer to another firm when you are on notice period. The time given should be after the end of the notice period.

In fact the law allows you to remain on the residence of your former employer while you are serving the probation period with your new employer. You can’t be forced to transfer within one month.

The company can’t also file a case against you or cancel your residence for no reason. In case this happens you should approach the Labor Office in your area and file a case against your employer.

And lastly, the company has to pay your indemnity even if it files a case against you. Even if you were dismissed for fighting, you still have to be given a three-month notice and your indemnity.

The company can’t hold on to the money it owes you under the circumstances you have elaborated. There are some conditions under which you can be terminated without notice and without indemnity (like fraud, cheating etc) but fighting with a colleague is not one of them.

I always appreciate the work of the Arab Times Legal Clinic. I have the following queries about the driving license.

1. What are the conditions for getting a driving license and which jobs are exempted from the salary condition.

2. Whether I can get a student’s driving license and what are its conditions.

I hope you can enlighten me and help me with this matter as I am looking forward to driving.

Name withheld

Answer: Before we discuss all the aspects of your question, we would like to first stress on the three following requirements to apply for a driving license:

1. Must have been on legal residence for at least two years at the time of application

2. Must be a university degree holder

3. Must be getting a salary of at least KD 600 a month. This amount must be mentioned on the work permit.

Even if you are earning more and a lesser salary is mentioned on the work permit your application will not be entertained.

In addition, the applicant must pass age and health fitness tests plus face the driving tests conducted by the Kuwait Traffic Department. It doesn’t matter if you were already a holder of a Kuwait driving license.

Please also remember that from Jan 1, 2016 the validity of the driving license is linked to the validity of the applicant’s license.

While on the subject of driving licenses, we would like to mention — for the information of our readers — that the following are exempted from the conditions mentioned against each group.

Non-Kuwaiti wives, widows and divorcees of Kuwaiti men who have Kuwaiti children, husbands of Kuwaiti women, illegal residents (bedoun) holding valid security ID cards and students registered in a university or a PAAET institute in Kuwait are exempted from all of the above conditions and can apply for the licenses straight away.

On the other hand the following are exempted from the residency and salary conditions

1. Housewives who have children and whose husbands already hold driving licenses

2. Members of diplomatic corps

3. Professional sport clubs’ players, drivers

4. Company representatives (mandoubs)

5. Passport and Ministry of Social Affairs and Labor representatives who already hold valid driving licenses from their respective countries

6. Judges

7. Members of the public prosecution

8. Chancellors, experts, university and PAAET teaching staff members

9. Journalists and members of the media

10. Doctors

11. Pharmacists

12. Engineers

13. Teachers, social workers, researchers, translators, librarians, imams working for the government

14. Sports trainers employed by sports federations and government institutions

15. Private drivers who have been working for a minimum five years for the same sponsor (provided they change their profession to ‘driver’)

16. Specialized technicians in the oil sector

17. Nurses, physiotherapists and other medical technicians

18. Pilots, captains and their assistants

19. Washers of dead bodies

Meanwhile, general managers, their assistants, managers and accountants are exempted from the residency visa condition.

Now on the issue of driving licenses for students, you must be registered as a student at any of the universities in Kuwait or any institute of PAAET (Public Authority for Applied Education and Training).

After getting a letter from one of these universities or institutes, you must approach the General Traffic Department to get a waiver or NOC (No Objection Certificate) after which you will be granted a learner’s driving license.

On passing the driving test, you will be granted the driving license.

I have been working as an engineer in a very big and reputed company in Kuwait since January 2004 (over 12 years 6 months) on a government visa. Our company has been passing through tremendous financial problem for the last few years.

Due to this financial problem, I, mean almost all the permanent employees of this company did not get salaries for the month of last January, February, May & June 2016.

My work permit and residency/ civil ID also expired on 05-06-2016 and still, my company did not get my new work permit for stamping the new residency.

Now, my company has put my temporary residency for 3 months i.e. valid up to end of this month. I also came to know from our administration that all files have been closed by the Ministry of Social Affairs & Labor of Kuwait (Shaun Office).

Under this situation, If, I get a job with a new sponsor in a private or government project, is it possible for me to get a transfer from my present company to the new sponsor under either private or government project during this temporary residency period?.

Kindly, give me the required advice and also provide me the needful procedures so that I shall follow the same.

Name withheld
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.

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

My residence expired on July 5, 2016 and my company has done only temporary residency for me for 3 months, saying they will renew my residency later.

My question is that my wife has valid residency until Nov 11, 2016 and currently she is out of Kuwait. Is it possible for her to travel in and out from Kuwait without any hassle since I am the sponsor.

Name withheld

Answer: Please remember that your wife can travel in and out of Kuwait as long as you have residence but she will not be able to do so if your residence expires because hers will (according to the law) also expire at the same time. So, please ensure that your residence does not expire to avoid any problems for your wife.

Email your queries to [email protected] / [email protected]

I am now in Kuwait and working in the country on Article 18 (work permit) visa. My wife is here with me as a dependent. I want to bring my child from India. My baby was born in India. So what is the procedure to bring my child to Kuwait.

Name withheld
Answer: If you are on a work permit and your child is still in India, then you have to meet certain requirements.

You must have a salary of over KD 250 (and this must be mentioned on the work permit) as a lower salary will not be accepted. You would not have faced the salary condition had the child been born in Kuwait with both the parents on work permits.

Now, you have to apply for the child’s dependent visa at the Immigration Department in your area and attach the following documents to the application :

1. Copy of the child’s passport

2. Copy of the child’s birth certificate (attested by your foreign ministry in your country, your embassy in Kuwait and the Kuwait Foreign Ministry in Shuwaikh)

3. An affidavit (attested your embassy in Kuwait and the Kuwait Foreign Ministry in Shuwaikh) showing your relation with the person you wish to call

4. Marriage certificate (attested by your foreign ministry in your country, your embassy in Kuwait and the Kuwait Foreign Ministry in Shuwaikh)

5. Your work permit (showing a salary of over KD 250)

6. Rental contract

7. Copies of your and your wife’s Civil ID If you can supply the above documents, you will not have any problems in getting the visa for your child.

Email your queries to [email protected] / [email protected]