Legal Clinic

I am working as a mechanical QC in my present company. My visa had been stamped as a ‘mechanical engineer’ on project visa and I have NOC from KSE also.
I joined this company after getting local release from my first company in 2014, where my visa was company visa. While joining my present company, they made me sign a contract in 2014 between me and the present company which says (as part of termination clause) as follows. “The employee is not allowed to work for any competitive jobs/projects/company to company’s activities as defined in the chamber of commerce and municipality licences as well as the specific jobs the employee was performing during his employment with the company”.
When the present company again stamped the visa in 2018, they made me sign another contract where these clauses were not there. Now that I have received a job offer from another company where I worked on supply from my present company as QC for two month. The company is not a competitor to my present company. But as I worked there for two month on supply from my present company I fear they won’t sign my transfer paper and give me release.

Name withheld

Answer: The earlier contract you signed that did not allow you to work for any competitive jobs/ projects/company to company’s activities as defined in the chamber of commerce and municipality licences as well as the specific jobs the employee was performing during his employment with the company”, is still binding on you despite the fact that this clause was absent from the new contract you signed in 2018.

If however, the earlier prohibition had a timeframe which the company is of the opinion that you had fulfilled, hence the decision not to include the prohibition in the 2018 contract, then you are not bound by the terms of the earlier prohibition.
If you are convinced that the new company you are seeking to join is not in competition with your current company, then you have no reason to fear that the company will not sign your transfer papers. If on the other hand, the company’s understanding of the issue is different from yours, then you have to file a case at the Public Authority for Manpower through the Labour Office in your area to make determination as to who is right and who is wrong.

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I have some dilemma on joining a new job from next week. I am married lady and staying in Kuwait on family Visa 22 since July 2019. I got a job offer in a small store last week. I signed a contract letter as well and may be next week they will process my visa transfer. My husband already signed the visa application form of new sponsor. My dilemma is If my sponsor terminate the contract within 100 days as it is probation period. How many month will I get to find another job as I cannot transfer again to family visa due to my husband salary being less than KD 500. Kindly advise as your advice will help me to decide whether I should transfer my visa to 18 or not.

Name withheld

Answer: Under the normal circumstances you should not face any problems if you want to transfer back to Visa 22 from Visa 18 despite the fact that your husband’s salary is below the minimum KD 500 required.

The problem here is that sometimes different interpretations of the law are made by different officials which could either go to one’s advantage or disadvantage.

In your case for example, an officer at the counter processing your papers may immediately reject your request for transfer back to your husband’s sponsorship on the basis of your husband not meeting the salary requirement, when the right thing to do is to go further back and see the initial visa form which you transferred to the Visa 18.

If the officer goes according to the latter scenario mandates him to effect the transfer or at worse to seek a no-objection certificate from the appropriate official before granting the transfer request with the proceeding explanations onus lies on you to decide on what is best for you with regard to the transfer.

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I am living in Salmiya with my husband. I have a question about our rent agreement. Our one year rental contract with landlord was over in October according to lease agreement. We pay rent every month. And the landlord has taken one month rent as deposit. Now that the one year contract is already over and that the rent is paid every month, can we still leave the building and get our deposit back by providing one month notice or we again have to wait until October next year. Looking forward your reply.

Name withheld

Answer: You don’t have to wait till October next year before you leave the building if you deserve to do so. All that you need to do is to give the landlord one month notice and make sure that by 25th of that month you quit the building.

The practice in Kuwait is that the one month rent you pay prior to occupying the building is not returned to you but you don’t also pay rent for the month during which you leave the building but this will be on condition that you give one month notice and quit the building by 25th of that month as explained earlier.

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My name is Ali and I am working in Kuwait with one of the private companies and our company head office is located in Shuwaikh Industrial Area and all employees who are working at the head office get weekly off on Firdays and we have one more small branch in Kuwait City where I am working.

At the time of joining the company they told me that I have to work on Fridays and my supervisor will always take off on Fridays but for me they asked me to choose any other day as weekly off so I chose Saturday’s as my weekly off, so now my weekly off is always on Saturday.

My queries is whenever there is any public holiday that falls on Saturday’s, I am neither getting any other day off nor getting one day extra pay and when I contacted HR Dept., they told me that there is no law in Kuwait that if weekly off and public holiday both fall on same day then we should give you one extra day off or pay you one day extra and said that it is my bad luck when public holidays fall on Saturdays so can you please let me know what the HR Dept., is saying is right or wrong and if they are wrong then should I go to Shoun and complain about this or any other suggestion. Note: If public holidays fall on Saturdays my supervisor gets off on Friday as well as the public holiday on Saturday.

Name withheld

Answer: Article 68 of the Kuwait Labour Law enumerates the number of official holidays granted to workers with full pay. In addition, the Article states that ‘if the work circumstances require keeping any laborer in work on any of the official holidays, he shall be paid a double wage together with an alternative compensation day.

With the above extract from the Labor Law dealing with holidays, you can see that your company’s HR Dept., is not violating the law if an official holiday falls on Saturday your off day and you are not paid as well as get another day as compensation.

It is only when you are made to work on a Saturday or any other day declared an official public holiday that the payment and compensation kicksin.

In the latter situations if the company refuses to pay and compensate you with another day then you can file a case against the company at the Public Authority for Manpower through the Labour Office in your area to seek redress

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Can you please confirm if we can transfer parents coming on visit visa to dependent visa. My parents are on visit visa sponsored by my wife (She is working in MOH as a Staff Nurse). Can we change the Visit Visa (Parents Father age 75 and mother 67) to Dependent visa because they are alone back in our country. If possible can we pay any health insurance they are physically fit.

Name withheld

Answer: A gap that exists or a case not provided for by a statute or in a document is referred to as a lacuna. With this definition of the word lacuna, after we have gone through the new/amended visa regulations issued recently, we are not in position to give a definite answer to you question except to say that you must test the waters by putting in an application to have your parents visit visa changed to dependent visa.

Since both parents are living it is quiet possible that application will be rejected. It is only through such a step that we fill the gap left out in the new regulations. We would be grateful if you can give us a feed back of the outcome should you decide to take up our challenge by putting in an application.

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I am working in a private airline company in Kuwait as Flight attendant/ Cabin steward and my basic salary is KD 300, my wife expected delivery is in 2020 of January next year, is it possible for me to sponsor our baby or am I entitled for the exemption even I did not meet the new basic salary requirements implemented by the ministry.

Name withheld

Answer: Going through the list of professions that qualify for exemption I do not see flight attendant/cabin steward. This therefore means that it will be problematic if you want to sponsor your baby upon he/she being delivered became your salary is below the minimum KD 500 required.

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I am an Indian and my salary is more than KD 1,500 per month. I would like to bring my wife 2nd time on visit visa and once she arrives in Kuwait then I would like to convert her visit visa into residency visa. I read the news from Arab Times that the said conversion is feasible (action is already undertaken for implementation by MoI), Shall appreciate to provide clarifications/confirmation on my above understanding and provide details such as procedure, fee with respect to the above query at your earliest.

Name withheld

Answer: As a service to our esteemed readers, we carried in the October 24 edition of the Arab Times, a full page (Page 8) article headlined ‘MoI details visit-to- work visa transfers’. We therefore suggest that you get a copy of that edition and you can find all that you need to know about the visit-to-work visa announcement.

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I am writing to obtain some guidance on a visa issue. I have a UK passport and am currently in Kuwait visiting my husband, who is a resident here and working as a teacher.
I understood I could receive a tourist visa on arrival which lasted for 3 months.
However on arrival at the airport I was issued with a visit visa which appears to have a duration of 1 month (all information on the visa apart from the dates is in Arabic but I assume that as the two dates mentioned are 1 month apart, that this is the case.) I did not notice this issue at the time only after leaving the airport.
I was planning on staying for 47 days. Is there any way I can extend the visit visa?
Also do you know if i will be able to come back to Kuwait on a tourist visa in January having been here on a visit visa in November? I would be extremely grateful for some guidance on this issue. Kind regards.

Name withheld
Answer: Under the rules and regulations governing visit visas, you and your children (if you have any) are entitled to three-months stay upon visiting Kuwait.
This means that if upon entry a one-month duration is stamped in your passport or visa, you can go back to the immigration department for an extension before the expiry date of the initial stamping of one month. The rules say that you can only visit Kuwait after the expiry of six months when you exit the country on a visit visa.

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Hi! I came to Kuwait on Govt project visa in 2010, transferred to different Govt project locally and working with my current sponsor from May 2019 with Govt project visa. I’m university degree holder with KSE membership. Now I got opportunity in a private firm. Is there any possibility to get transfer locally? If not, will there be any legal issues if I exit Kuwait and re-enter on new visa?

Name withheld

Answer: Under current and other decisions on the subject, a number of possibilities are open to you. You can transfer to another Government project of the same sponsor, or another Government project of a different sponsor if the current project has been completed or to the general file of the current sponsor.

Under the above arrangements fees ranging from KD 200-KD 350 are charged to effect such transfers.

Coming back to your specific question, the only way you can find yourself in the private sector is to have your project visa transferred to the private file of your current sponsor.

This would then mean you could ultimately land, if the sponsor has no objection, in a private sector company. In short it is not possible for you to transfer directly to the private sector as envisaged by you. On the other hand, if you satisfy all the conditions precedent before exiting Kuwait and conditions subsequent after exitting the country, you will not face any legal issues upon re-entry

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I kindly request you to please answer my question, I apologise if it’s repeated by I couldn’t find it on Google Search (eg: Visit Visa Arab Times) I am Indian and having Bachelor Degree with KD 575 salary. I am planning to bring my wife & 4 kids on visit visa & I intend later to transfer the visit visa to Dependent Visa, In Shaa ALLAH. Hope I will not get issues on this. Kindly please advice. Looking forward to your reply.

Name withheld

Answer: Here is the screen shot when you type on google Visit Visa Arab Times

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