Legal Clinic

Thanks a lot to the Legal Clinic team for guiding the expatriates working in Kuwait on their rights. I have been working in my company since 2003 and until now the company is calculating my annual leave salary as one month’s salary (total salary divided by 30 days). This applies to the entire staff in my company. How can I ask for the arrears and how does the law support such a scenario?

Name withheld
Answer: Your company is totally wrong. According to the current Kuwait Labor Law, enacted on Feb 20, 2010, every employee is entitled to 30 paid days leave regardless of service.

This is a change from the previous law which entitled the employees to 14 days, 21 days and one month’s annual leave according to the tenure of their service.

Secondly, there is a difference between one month’s leave (which your company is giving) and 30 paid (or working) days leave which is according to the current law.

Earlier, when the previous law was in effect an employee was given a straight one month’s leave with a straight one month’s pay for that leave but that is no longer the case now.

Now, in the 30 days leave, the one weekly off day per week is not counted nor the official holidays falling within this leave.

Moreover, the 30 days have to be first divided by 26 (working days in a month) before multiplying the same with your monthly salary. This is the correct rule. If the company persists with its calculation, you can file a complaint with the Ministry of Social Affairs and Labor, through the Labor Office in your area.

© Copyright 2016, Arab Times Kuwait – All Rights Reserved

I am a Mechanical Engineer, and have recently joined a trading company — on Jan 24, 2016 — as a Sales Manager (position as on Istimara – work permit). I was hired on the company’s visa from India. Because of some reason, I had to quit this company, last date being May 31. The company is ready to relieve me so that I can join any other local company. Please advise if the Iqama can be transferred to another company, in this case, when its only 4 months since I joined the last company

Name withheld
Answer: According to the law, there is nothing — if you are a university degree holder – stopping you from transferring to another employer if your employer gives you a release. But if you don’t get a release, you will have to complete one year of service before your transfer is sanctioned. Having said that, we must stress that in practice things are much more difficult as the Public Authority for Manpower (PAM) has become very strict on the issue.

Things will be more difficult for you since you transferred to this company only 4 months ago after having been in the country for only less than a year. This would mean you are seeking your second transfer after only landing in Kuwait within 4 months. Although the law doesn’t stop such transfers — for university graduates — PAM and the Ministry of Social Affairs and Labor are taking their time to deliberate over each such case. This, however, doesn’t stop you from applying for the same. File an application and try your luck.

I am a bit concerned about the rules on the transfer of residence. I am a post-graduate in the field of commerce. I came to Kuwait in the month of May 2015 and worked for the company which brought me to Kuwait for one year. Later on, I found a better opportunity and started working for a new company in May 2016 where I transferred my residency. However, the new company in which I am working, does not provide me with a job role which I was promised during the interview process. So, is it possible for me to change my job as I haven’t completed a year in this company.

Name withheld
Answer: We answered a similar question very recently, so we are reprinting the same answer, with slight adjustments, for your information. According to the law, there is nothing — if you are a university degree holder — stopping you from transferring to another employer if your employer gives you a release. But if you don’t get a release, you will have to complete one year of service before your transfer is sanctioned.

Having said that, we must stress that in practice things are much more difficult as the Public Authority for Manpower (PAM) has become very strict on the issue. Things will be more difficult for you since you transferred to this company only 2 months ago after having been in the country for only a year.

This would mean you are seeking your second transfer within a two-month period. Although the law doesn’t stop such transfers — for university graduates — PAM and the Ministry of Social Affairs and Labor are taking their time to deliberate over each such case.

In your case, you have said you are a “post-graduate”, but meaning of post-graduates differs among the expatriates. In some places these are people who have university degrees while in other places these are diploma holders. So, if you are a university degree holder all the above applies to you but if you only have a diploma you should forget about the transfer. And in spite of all the restrictions, file an application and try your luck.

Thanks for answering readers questions on various legal aspects.

My question: my wife is pregnant and in Kuwait. She has been recommended bed rest by the doctors. Can I bring my mother or motherin- law to look after my wife until the delivery. Both are over 50 years … is it possible that I can get a 3-month visit visa. Are there any salary restrictions because my current salary is KD 200.

Name withheld
Answer: No, we are sorry that you will not be able to get a visit visa for any of your relatives because your salary is not enough.

You should be earning at least KD 250 to apply for a visit visa. The only option you have is to apply to the director of the Immigration Department in your area to allow you to call one of your relatives on compassionate grounds. He has the power to waive the requirements, although he rarely accepts such applications.

For legal queries email to [email protected] or [email protected]

© Copyright 2016, Arab Times Kuwait

First of all, I would like to thank you for your noble service regarding legal advice to the desperate people.

I borrowed KD 2,000 from my friend for an emergency situation by agreeing to pay KD 2,000 extra for the borrowed money — KD 200 every month for a period of 20 months.

My friend took my debit card and kept withdrawing money regularly from my account — every month KD 200.

There were no written agreement between us. The capital amount of KD 2,000 was paid in the first 10 months and in the 11th month I was not able to pay KD 200 because of some unfortunate situation back in my country.

And again from the 12th month onwards, the payment was regular until last month but this time the amount withdrawn is KD 240 instead of KD 200. Now I have repaid the full KD 2,000 + KD 2,040 as interest for these 19 months, total KD 4,040.

Now the problem is because I did not pay for the 11th month my friend says the verbal agreement of paying KD 200 for 20 months was cancelled and so far what I paid is only the interest for the capital amount and he wants me to again pay KD 2,000 and until I pay that amount he will continue taking KD 240 from my bank every month. I am really struggling with this matter and request your advice.

Name withheld

Answer: You have run into a real loan shark who will keep bleeding you until you have no more money. So, as you say, there was no written agreement and he continues to fleece you – although you have returned all the money, and more.

Well, first of all tell him straight away that you will not pay him any more and ask him to return your bank card.

If he refuses to accept your request, first go to the bank and ask them to cancel your card and issue you a new one.

Secondly, file a case against this “friend” of yours with the police. Tell them everything, without leaving anything out.

The law in Kuwait is against ‘loan sharks” and your friend could face serious legal consequences, including being arrested and deported from Kuwait.

These are the only options you have, so act fast before you end up paying another huge amount. The main thing for you is not to be afraid of your “friend” as you have not committed any crime — in fact he is the one who is doing so.

I, am an engineer, hired from abroad for a government project and have completed 2 years in the country. Due to the prevailing manpower cuts in the company, I have started searching for jobs in the private or public sectors. What are the possibilities of my visa getting transferred.

Name withheld

Answer: You can’t get a transfer to the private sector but you will be able to transfer to another government project of the same sponsor or to another government project of a different sponsor if your current project has been completed.

We would like to add that there is a KD 300 fee for transfer from one government project, on its completion, to another government project which has a different sponsor.

If you want to transfer to another government project of the same sponsor the fee will be KD 200.

Now, here is another possibility. You can pay KD 350 to transfer your work permit, if you are on a government project, to the main file of the same sponsor. This would mean that you could land, if the sponsor wanted in a private sector firm in this way

I am a Filipino and have been working in Kuwait for the last 5 years. Could you tell me how much it will cost me to provide my wife and two kids a family visa from the Philippines to Kuwait. I am confused about this matter. Please provide me details.

Name withheld

Answer: The charges for procurement of the visas is nominal…only KD 3 for each but the real costs come in once you have landed in Kuwait when you have to pay the health insurance and residence charges.

As far as the health insurance is concerned you have to pay KD 40 for each year of your wife’s residence and KD 30 for each child for each year of their residence.

For residence, you have to pay KD 100 for each dependent (total KD 300 for wife and two children) for the first year of their residence and KD 10 for each of them for each year after the first year.

So, for the first year you will have to pay KD 100 as health insurance and KD 300 as residence charges, a total of KD 400 for the three dependents.

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

© Copyright 2016, Arab Times Kuwait – All Rights Reserved

I want to know about family visas. I and my wife are working in Kuwait and both are having independent visas (Article 18). I get a KD 350 salary. Now my wife is pregnant and the child’s delivery will be here in Kuwait. I will sponsor my child on a dependent residence. Now my wife has resigned from her company, which may not give her a release.

So if she cancels her work permit and leaves Kuwait … and my child remains on a family visa what will happen if there is a decision to impose a KD 450 ceiling for a family visa. In such a case will I be able to bring my wife on a family visa to Kuwait?

Name withheld
Answer: We do not talk about hypothetical situations and as such we will also not comment on the above issue because there are a lot of “ifs” and “whens” in your question.

So far, the move to raise the salary ceiling, for family visas, from KD 250 to KD 450 is just a proposal as there has been no decision on the issue. But we would, however, like to comment on “independent” visas. There is no such thing. This term is only used by visa traffickers and the purchasers of such visas.

The visa buyers are led to believe that once they have acquired the visa they can work wherever they want without restrictions… well, that happens until they are caught by labor inspectors. This is when their sponsors disown them. Please do not use this term again because you could be arrested and deported if it is discovered that you “bought” the visas.

The best way out, if the company doesn’t give the release, is ask the company to cancel the residence and you immediately apply for a family visa.

In this way you can get your wife out and back into Kuwait very quickly, before there is any change in the laws – which, however, doesn’t look very likely at the moment.

I would kindly like to request your legal help to retrieve my passport from my sponsor. I have been working with an American-owned private company for the last 10 years.

Recently the management and the sponsor had some financial disputes and as a result, the sponsor kept all the employees’ passport in his custody.

It’s more than six months now and I would like to travel to India for my medical treatment and the sponsor is not available in Kuwait. The company management is also helpless in this case.

Name withheld

Answer: Please remember that passport is a personal document and can’t be retained by the company for any reason. The only option you have is to file a case, at the Justice Palace, through a lawyer against your company to get back your passport.

The law clearly states that the company can’t keep your passport. Lawyers charge nominal fees for this service and every case is decided in favor of the passport holder.

So, don’t worry. Just approach a lawyer and file a case. If the company — for any reason — doesn’t return your passport it will face legal action.

© Copyright 2016, Arab Times Kuwait

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

I have an inquiry about indemnity amount as I have plans to resign after 12 years service. I have been working in the same company from November 2004.

Now I want to join another firm and I will tender my resignation from my current firm, effective from November 2016. So please advise how much money, as indemnity and annual leave pay, will I get from the company as per the current Kuwait Labor Law.

Please be informed that my current salary is KD 325, and I have 30 days annual leave balance.

If company does not give the indemnity to an employee, what can the employee do?. And which supporting documents need to be presented to the Labor Office against the company so that this office can take the required action against company and ensure the employee gets his indemnity.

Name withheld
Answer: First of all, we will talk about the question of what to do if the company refuses to give or doesn’t give the indemnity to an employee: well the answer is simple — just file a complaint with the Ministry of Social Affairs and Labor or the Public Authority for Manpower, through the Labor Office in your area. The ministry is very strict on this issue these days and will take measures to ensure that you get your indemnity. The company could also face severe legal action, including suspension of its license, until all the dues of the employees are paid.

Now let’s calculate your indemnity.
Service: 12 years
Salary: KD 325
You will get 15 days pay for each of the first 5 years = 75 days pay But these 75 days must be first divided by 26 (working days in a month) = 2.88 months salary
You then get one month’s salary for each year after the first 5 years = 7 months salary
Total indemnity = 9.88 months salary = 9.88 x KD 325 = KD 3,211

Now, as you have over 10 years service you are entitled — according to the Kuwait Labor Law enacted on
Feb 20, 2010 — to the full indemnity regardless of whether you resign or your services are terminated.

Now coming to the calculation of payment for the balance of annual leave.
Balance of leave = 30 days
Salary = KD 325
But these 30 days must first be divided by 26 (working days in a month) = 1.15 months salary
= 1.15 x KD 325 = KD 373.750
Now your total dues will be as follows Indemnity + payment for leave balance = KD 3,211 + KD 373.750
= KD 3,584.750

I have been working with an organization as an engineer for the past 1.7 years. I locally transferred from Article 20 to Article 18 (i.e., Khadim to Shoon) on August 2014 on salary of KD 200.

From that day onward, till now, I have not received any other benefits like salary increment, annual leave salary etc.

So I would like to transfer my residence to other company, because they are offering a good package with benefits.

Now my questions are:

1. Can I transfer my residence before completing 3 years (because my company says I can’t transfer before years as I locally transferred from Article 20 to 18) to the new company?

2. I have an attested engineer’s degree certificate which includes attestation by the various Indian and Kuwait authorities … can be these helpful in my transfer

3. How can I get my benefits from my company if I get transferred?

Please help me to get out of this bad situation.

Name withheld

Answer: Well, your employer is right and you can’t be transferred to another company — according to the latest decision on the issue — until you have completed three years with your current employer.

This is true for all expatriates who have transferred from a domestic residence (Article 20) to a work permit (Article 18).

Such transfers consider the employee as if he has been hired from abroad, regardless of any university degrees he may be holding. In view of the above it is meaningless to answer the rest of your questions.