Legal Clinic

  • Cancellation of driving license if violation committed in first three months of issuance

    Firstly, I would like to thank you for providing knowledge and helping out people especially in legal matters here in Kuwait. I would like to know regarding the truthfulness of cancellation of driving license for newly licensed drivers if ever they commit a violation during their first three months of issuance.

    Name withheld
    Answer: We are not aware of such a law but expats who involved themselves in very sections traffic violations like jumping the red light a certain number of times, have their licences revoked and in some cases are deported. Other situations where the driving licences are cancelled are when drivers and company representatives (mandoub) have their resident permits cancelled, or if they change their profession based on which the driving licences were issued

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  • Company forcing to resign – What should I do?

    I was hired from another company as technician. I signed one year contract with the company and it is renewable. Last week my manager tells me that the company will not renew my contract anymore and they are willing to give release if I found another job in another company.

    I didn’t receive any termination letter or notice period from the company. And he wants me to submit a resignation letter which I don’t think is right because I didn’t resign from work.

    My employer is the one who decided not to renew my contract. My contract ends in January 2020. I found a new job and new company asks for a copy of the company’s registration.

    I told my manager that I needed a copy of the registration, so the new company can start processing my visa transfer but he told me that he needs my resignation first.

    Should I submit a resignation letter to them? Please I need an answer regarding this matter.

    Name withheld

    Answer: We are at a loss as to why the company is asking you for a resignation letter when the truth is that you are being forced. The company’s demand and posture, are not legally grounded and if it insists on standing on its grounds, then we advise that you file a case against the company at the Public Authority for Manpower which will compel it to furnish you with all the documents to enable you effect the transfer to the new company.

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  • Came late from vacation company telling to resign

    I came late from my annual leave which was 30 days, and I came back after 35 days, 5 days late. My manager didn’t allow me to work for 2 more days and now he is saying I was late for a total of 7 days and he will deduct 14 days of my salary and he is forcing me to sign a resignation paper; please advise me what to do.

    Name withheld
    Answer: While the company may be right in deducting some days from your salary for reporting late, we are of the view that they are wrong in asking you to give them a resignation letter since you were only late for five days and not the seven days as they seek to portray by using a backdoor method. They can go ahead to fire you if they so wish but they can’t force you to reign and if they insist on that we suggest you file a case against them at the Public Authority for Manpower.

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  • Transfer of visa from Health Ministry to Private sector

    I am a Filipino working in Ministry of Health since 2015. I was absorbed by the Ministry from my previous employer who is in a private sector.

    I am a bachelor degree holder. Now, I got a job offer from a private company which has a higher offer and which I have already signed. Can I transfer from govt to private sector? Can I also transfer my loan in bank to the new company I am going to work? Thank you…

    Name withheld

    Answer: Yes, it is possible for you to transfer from the government to the private sector in doing so however, you must be apprised of the latest decisions that govern such a transfer. In a decision issued on March 6, 2018 a public sector employee is required to obtain permission from the state department where he/she is employed in addition to security approval from the ministry of interior before he or she can transfer to work in the private sector. The directive, issued by the Public Authority for Manpower stipulates new conditions for workers under Article 17 visa wishing to transfer to Article 18 visas, who in this case will need to receive clearance from their employers

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  • Frequency of applying visit visa for wife

    I am planing to bring my wife in December to stay upto March and return. After that can I bring her in April or May?

    Name withheld

    Answer: Unfortunately you cannot do that as the rules governing visit visa require the beneficiary of such a visa to stay at least six months after leaving Kuwait before being eligible to return on another visit visa. This means that if your wife comes to Kuwait in December leaves in March. She can only come back not earlier than a date in September 2020 depending on the day she leaves in March. For example if she leaves on March 15, she can return to Kuwait any day after September 15, 2020.

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  • Freelancing Job from Kuwait on Family Visa

    I am a freelancer here in the Philippines. I provide virtual assistance to clients from different parts of the world like Australia/ US. Basically, I can work anywhere as long as there is an internet connection. My husband is working in Kuwait and is planning to get me a Kuwait family visa so we could live together. My question is, is it ok to continue my online freelancing job in Kuwait while on a family visa?

    Name withheld

    Answer: You will have no problem in continuing your freelancing job in Kuwait so far as what you send out does not go against the laws of Kuwait. Indeed the Kuwait Constitution recognises freedom of speech and expression.

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  • Visit visa for a Bangladeshi national applying from Bangladesh

    I hope you are doing well by the grace of Almighty Allah. I am from Bangladesh. My father lives in Kuwait. His salary over KD 250. I want to visit my father. How can I apply for visit visa. Kindly let me know, how I will process visit visa and also necessary documents.

    Name withheld

    Answer: Unfortunately you can’t apply for a visit visa to Kuwait as you are a non-resident. It is your father who the law mandates to apply for visit visas for members of the family he wishes to invite to Kuwait. This therefore means that for you to visit Kuwait, your father has to put in an application accompanied with the necessary documents. This documents include proof of relationship, copy of your valid passport, original and copy of your father’s Civil ID, latest salary of your father as captured in his work permit. You must also note that since your father earning a minimum salary of over KD 250 per month he is qualified to put in the application.

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  • Disagreement between Kuwaiti sponsor and Filipino partner – Staff in Limbo

    I am currently working here through an agency in the Philippines. I have been in Kuwait now for less than three months. Unfortunately, my agency in Philippines and my current boss have disagreement and wish to cancel their partnership. My boss is planning to send me back to Philippines. What if I found a new employer who will sponsor me a new working visa here in Kuwait? What are the necessary things to do to clear everything with my previous boss and get a new job here in Kuwait?

    Name withheld

    Answer: Your fate is invariably, in the hands of your boss here in Kuwait and to some extent, the Public Authority for Manpower (PAM). If you can prevail on your boss to rescind his decision to send you back to the Philippines but rather transfer your work permit to a new sponsor, you would have cleared the first hurdle to continue to work in Kuwait.

    After this hurdle however you need to clear another one with PAM by convincing them on the need to transfer your work permit after only working in Kuwait for less than three months.

    On your question concerning the necessary things you need to do to clear everything with your former boss in the Philippines, we are sorry to say that we cannot be of help in that regard since we don’t know the contractual obligations you had with him before you left the Philippines for Kuwait.

    Kindly go through our archives and refrain from sending us repeated questions
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  • NOC for Engineer – Residence renewal and transfer

    I’m an engineer and a member of the Kuwait Society of Engineers since 2013. I had gotten NOC’s previously for residency renewals and residency transfers. Kindly clarify, whether the NOC is required each time of residency renewal/transfer, or only the first time? Isn’t the PAM keeping a database of engineers who have been vetted by the system? What does the law state regarding this subject?

    Name withheld

    Answer: To the best of our knowledge you need an NOC anytime you want to renew or transfer your residence permit: As to whether the Public Authority for Manpower (PAM) keeps a database of engineers who have been vetted by the system or not the law as it exists now requires all engineers who wish to renew or transfer their residence to acquire a no-objection certificate from the Kuwait society of Engineers for those purposes.

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  • Waiting for visa for 7 months now

    I hope my email finds you well. Kindly advise, when will the labor files issue be sorted out? I have been waiting for my visa for 7 months now. Please advise I will appreciate your response. Thank you much.

    Name withheld

    Answer: We don’t know what labour file issue you are talking about as there are many labour issues and not just one. In any case even if we knew of the issue you are talking about, we wouldn’t be in position to tell you when that would be sorted out as it is only the labour department that is clothed with the responsibility to handle such files and hence will be in a better position to provide you with information concerning the file you are talking about through your Mandoup or company representative.

    Kindly go through our archives and refrain from sending us repeated questions
    Kindly send your queries to [email protected] or [email protected]

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