Legal Clinic

I have been working for a ministry (Kuwait) on an Article 17 visa for the last two years. Now I am planning to start some business here… I have got a sponsor and he is ready to sponsor me to start the business.

My concern is working in the public sector… am I eligible to start a business? And can I make an agreement with the sponsor regarding the same? Please guide me: how can I do both the government job and business in Kuwait.

Name withheld
Answer: No, you — as an expatriate — can’t work in the government sector and also do business. You can only do one of these things…the government is very strict on the issue and even if a person wants to work for another company on a part-time basis or do business he must get permission from the ministry in which he is working. Even the citizens face difficulty in getting this permission, what to say of expatriates. But, you must try to get this permission — there is no harm in trying for it — before you embark on any business because if you are checked working in any place other than for your sponsor you could be arrested and face legal action.

I’m writing to you from Wroclaw, Poland. I have a question about power of attorney to made in Kuwait to sell a real estate property in Poland. The person who wants to give me this power of attorney lives in Kuwait (he is Polish) but the property is in Poland.

Buying / selling property in Poland needs a special form. Usually it must be done in notary office (official). If a person wants to give someone a power of attorney to sell his property he has to do it (power of attorney) also in notary office.

If Polish citizen lives abroad, for example in Kuwait he must do the power of attorney to sell a real estate in accordance with local law and then he must go to Polish Embassy to testify (apostille).

Could you please inform me, what a person needs to do according to the local law in Kuwait to get a power of attorney to sell real estate for someone else? Or please give me a contact for somebody else who can help me?

Name withheld

Answer: Please remember that all such documents are subject to law of the country where the power of attorney is to be used and not the country where the person is currently residing. So, in this case also the power of attorney will be subject to the laws of Poland because that’s where it has to be used. Please remember that all embassies provide notary services.

The power of attorney can be a general one – to handle all your affairs – or a limited one for a certain purpose, like for selling a certain piece of real estate, so first you will have to decide on that. So, your friend must visit the Polish Embassy in Kuwait to fill up the required form and sign it in the presence of the embassy official who is responsible for the notary services.

It is common for some embassies to ask for some personal documents of the person who is giving the power of attorney plus having two witnesses who also sign the document. The person giving the power of attorney must also provide some personal documents, like passport copy, of the person who will execute the power of attorney.

Having said all the above, it is better for your friend to visit or call the Polish Embassy in Kuwait to get details of all the required documents (some countries also want photos) so as to avoid repeated visits to the embassy. The Polish Embassy is located in Jabriya, Block 7, Street 3, Villa 20 and the phone number is 25311571.

I am facing a problem. I have been staying in a flat in Abu Halifa for about 18 years. The haris (watchman) came and told me to vacate the flat as I have been staying without family. Immediately, I told him that my family would come soon. After some negotiation, he gave me 3 months period to bring my family or vacate after 3 months. I discussed the issue with my Kuwaiti colleagues. They told me that Abu Halifa area is an investment area and not a residential area. So, this law is not applicable to Abu Halifa.

Moreover, I see 3-4 bachelors’ buildings near my building. How can these building owners rent to the companies accommodating bachelors and this in violation of the law. I request, if somebody can confirm whether Abu Halifa is in investment area or a residential law as far as the Abu Halifa flats are concerned.

Name withheld
Answer: Abu Halifa may be an investment area but the landlord has the right to decide whether he wants only families to stay in the building, because these families can file a case against the landlord for keeping bachelors in the building.

The law on family areas does not cover only areas but also apartments, except in cases or areas like yours where the landlord makes it clear that his building will not only house families. But if, for whatever reason, the landlord gets tenants by telling them the building will be for families only then he can’t house bachelors.

Having stayed in the building for so long does not give you the right to break the law. If the landlord only desires to keep families in the building it is his right. He can ask you to vacate by giving you a three month notice which he has done. You can take the case to court but we feel that the proceedings will go against you and you will be asked to vacate the apartment.

After my driving test I had the original Istimara (learner’s driving license) and the certificate issued by the Kuwait Traffic Department (KTD) confirming that I had been successful in my driving test. Unfortunately, however, I have lost the original set of documents which were initially presented to the KTD. Fortunately, I have a copy of the first page of the documents and this page shows the approval of the director to issue the learner’s license. Under the circumstances, what would be the steps to be taken to get my driver’s license.

Name withheld
Answer: Please remember that everything is nowadays computerized so you will have no problems in getting a driving license because the General Traffic Department keeps a record of every step after you get the learner’s license. So, please approach the Traffic Department in your area and explain your problem. You should not face any problems, especially since you have a copy of the page showing the director’s approval of your license.

Could you please help me calculate my annual leave and also payment for the same according to the following details:

Last rejoining date (from leave): 01-10-2014 As per the yearly vacation calculation, the due date for my next month vacation (after 11 months – 30 days) is 01-09-2015.

So, is the calculation (from the last rejoining date) calculated on the basis of 335 days (11 months) or 365 days (12 months).

Is the total paid 27.5 days Or Is this leave 30 days Could you please provide a detailed reply on the issue according to the Kuwait Labor Law.

Name withheld
Answer: We answered the same question a few weeks ago but just in case you missed the answer we are reproducing the same for your information.

First of all please remember that you are entitled to paid 30 days annual leave once every year. So, this year normally starts from the day you begin your leave. So, the date of rejoining from leave doesn’t matter (unless you have taken extra leave i.e. leave over and above the 30 days you are entitled to every year).

So, the leave is for 30 days. In fact you get a payment for almost 34 days because these are 30 working days and have to be divided by 26 (working days in a month) and multiplied by your salary. For example, if your salary is KD 500 your leave payment will be calculated as follows: 30 /26 x KD 500 = KD 577

So, if the company tries to pay you a month’s salary please draw their attention to this calculation.

I came to Kuwait in March 2013 on a family visit visa and then in the month of April I got a job in a travel company and the company promised to transfer my visa to an Article 18 residence (work permit). So I had to work for this company for 3 months since my visit visa was valid for 3 months and after that I went back to India and my company sent me a commercial visit visa and I came back to Kuwait.

Every 3 months, once my commercial visit visa would expire, the company would extend the visa without transferring it to Article 18.

Finally I got fed up and told them that I cannot continue like this and then in the month of March 2014 they transferred my visa to an Article 18 C residence and by then I had completed one year with the company. And now in the month of April 2015 I have resigned from my company after completing 2 years and I am serving my notice period. And the company have not yet acknowledged my resignation as the company was transferred to a new owner on April 17 whereas I resigned on April 2 before the transfer of the company to new owner. And my resignation had been signed and acknowledged by the old owner.

It’s been 2 months since I have resigned and the new owner has not yet acknowledged my resignation. Please advise if I am eligible for a release and the number of years I have to work for the current company to get a release and what are the steps I must take. As I have a family to look after, I am concerned and tense. Please advise the number of years an employee must complete with the company under Article 18 C to be eligible for a release.

Name withheld
Answer: First of all, we need Mohave a look at Article 50 of the Kuwait Labor Law enacted on Feb20, 2010 which states as follows:“In the event where the establishment is sold, merged with another establishment or transferred by inheritance, donation brother legal action, the work contract shall be valid under the same conditions and the obligations and rights of the original employer towards the workers shall be transferred to the employer who has taken his place”. So, it is very clear that your notice of resignation, which was approved by your previous employer, stands and has to be accepted by your new employer.He, however, doesn’t need to acknowledge it again as it has already been accepted.All your rights remain the same.Having said the same, please remember that your service when you were on a visit visa or commercial visa doesn’t count because it only starts when you we reissued a work permit. It was illegal for you to work in Kuwait while you were any kind of visit visa.So, you will be treated as having been hired from abroad and will have to work for at least three years before you can apply for a release.You can’t get a release after only one year’s service.

I am an expatriate in Kuwait and have been here for almost 9 years. Most of the time when I am going somewhere I ride a taxi to safely reach my destination, especially when I am going to work. I am staying in Salmiya and my job site is in Dajeej, Farwaniya.

Once, when I was going to work and riding a taxi, the taxi driver did not use his meter. When I reached my destination and paid him KD 1.500 he asked me in a rude manner why I had only paid him that amount. I told him I am paying the same amount all the time (since I am using a taxi everyday going to work).

The taxi driver said he wanted more because he said we traveled one hour, the truth is we only traveled from Salmiya to Dajeejin only 35 minutes. Now my question is: in such cases whom should we approach to report this kind of behavior of taxi drivers? The taxi drivers should ask for money in a proper way and not scream and yell at the passengers for an additional 500 fils.

Name withheld
Answer: Please remember that you can easily take such taxi drivers to task by filing a complaint against them with the Kuwait Traffic Department, through the Ministry of Interior. The procedure is simply…first go to the Ministry of Interior website http://www.moi.gov.kw/portal/ven glish/ and after that go to “contact us” where you can lodge a complaint on the form provided by the ministry. While filing a complaint you will have to give all the details, including your name, e-mail, and phone number. You should give details of your problem, plus the taxi number etc. The ministry will then contact you and take action on the complaint.

I lived in Kuwait for eight years and left the country last year in July. My wife and daughter lived with me but when I returned to Pakistan in July 2014 my family came with me then my wife left for Kuwait with my daughter without informing me. I am a Pakistani and despite all my efforts my wife has not let me speak to my daughter since one year. My wife is a school teacher. My daughter is eight years old …can you help me to bring my doll back for me. I am in Pakistan and as I have spent over six months out of Kuwait I can’t get back into the country.

Name withheld
Answer: From your question we understand that you are still married …but only separated for reasons best known to you. Having said that, neither the Kuwait laws nor that of Pakistan can keep you away from your daughter. There are many ways to get your child back to Pakistan but we would like to make it clear that we can only advice you, not help you get your child back.

First of all you must contact your embassy in Kuwait and ask them to pursue the matter. You have also not told us on whose sponsorship is your wife but from your letter we are sure that at least the child is on your sponsorship.

If the child is on your sponsorship, all you have to do is go to the Kuwait Interior Ministry website http://www.moi.gov.kw/portal/ven glish/ and ask the child’s residence be cancelled as your residence has already been cancelled. Once the residence is cancelled, the child will be deported back to Pakistan. (While we are bound to give you all your legal options, we would advise against taking such an extreme step as it could affect your child).

According to the law, the residence of all those who are on your sponsorship must be cancelled once yours is cancelled. Your wife can’t sponsor the child unless you are divorced. Even if you had been divorced, even then you can’t be stopped from talking to your daughter or meeting her. If all this doesn’t work out, you can ask someone to file a case in the Kuwait courts on your behalf and also file a similar case in a Pakistani court.

If you, however, are divorced or your wife has filed divorce proceedings please let us know your religion and if you are a Muslim whether you are a Sunni or a Shia. We need answers to these questions because custody rights, though common in most Muslim countries, vary according to the sect of a person.

I have been working as a physiotherapist in a home care center since 17- 07-2012. From 17-07-2012 to 09-11-2014 I was on an Article 20 visa for domestics (2.4 years). From 11-11-2014 onwards my visa was changed to an Article 18 visa — work permit (6 months). I am also a MOH license holder. I am planning to get a release on or before 10-11-2015. Am I eligible for a release? If my company refuses to release me what should I do to get a release? Is it a problem that I stayed and worked on an Article 20 visa?

Name withheld

Answer: As you are a local transfer you will be eligible for a release as soon as you finish one year with the company and you can’t be stopped from transferring to another firm. If the company refuses to give you a release you can file a complaint with the Ministry of Social Affairs and Labor, through the Labor Office in your area and the transfer will be sanctioned. But please remember that you were wrong to have worked while on Article 20 but since you rectified your situation some time back you will not be penalized for this violation.

I’m a Filipino hired from abroad and have a university degree in business management. I have been working in a private sector company for exactly 3 years now (since 2012, April) on a salary of KD 250. I was able to sponsor my daughters and put them in school in December 2014.

On my work permit (Isni Amal) it says that my visa (Article 18) is for a government contract but prior to that, for my first 3 months I was on a commercial visa… before the company transferred me to this kind of isni amal (as is written on top of my isni amal – “transfer”).

My question: with my work permit / Isni Amal, can I transfer to another private company without leaving Kuwait. If so, what is the necessary procedure, papers or clearance needed aside for getting a release from my employer. If not, should I resign and leave Kuwait to be able to transfer to a new company. If so what would be the effect on my daughters who are on my sponsorship. Hope I can get some clear advice from you.

Name withheld
Answer: Unfortunately, the government is very strict on transferring expatriates on government projects to the private sector. In this case you will not be able to transfer locally. You will have to cancel your current residence, get a new work permit, leave the country and return on the new document.

According to the law, the residence of your dependents is also cancelled along with your’s but there are ways out of this situation. You can request the Immigration Department not to cancel their residence for a certain duration, until you return, but this period has to be very short. You could also request the Immigration Department to transfer your daughters’ residence to the sponsorship of your wife for a short duration.

Please remember that the Immigration Department takes a very lenient view in such situations, especially if the children are school going. For school-going children the Immigration Department normally sanctions their stay until the end of the school year.