Legal Clinic

  • Project visa transfer before completion of project

    I am working as a Mechanical Engineer in a leading Kuwaiti company. I have Engineer visa and valid KSE membership. But I am on project visa.

    The company hired me directly from India. I came to Kuwait on Jan 2018. I completed more than 2 years in this company. My present project is not completed. But now I got a good offer from a multinational firm having a local partner for their government project.

    The present sponsor is ready to give release after 3 months notice period since they dont have any projects and already having enough manpower.

    My question is that if the new sponsor submitted my release papers to the ministry will the ministry people refuse my transfer stating the reason my present project is not completed or any other reasons. I came to know that there is a ministry rule that to transfer project visa to a different sponsor the present project should be completed. My wife and kid are in Kuwait having valid permanent visa. I have driving license and valid KSE membership also. I prefer a transfer visa. Can you please tell me what are the best options available to me in this situation. When I asked others about this different people telling different opinions. Hope that you will reply to my query.

    Name withheld

    Answer: As you were brought to Kuwait by your current company on a project visa, the law says that you can transfer only to another project visa of the same sponsor or another project visa of a different sponsor if the current project has been completed or to the general file of the current sponsor.

    In the case of the latter transfer, you could get a transfer to the private sector if your sponsor has no objection. In each of these transfer scenarios mentioned, different fees are charged to effect the appropriate transfer.

    In short, these are the options at your disposal and you have to choose what best suits you in accordance with your circumstance.

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  • Has visa transfers closed?

    If I want to transfer to a new company during this period, will the transfer is possible? There is news doing the rounds that Kuwait has stopped issuance of visas will the processing transfer visas be stopped also?

    Name withheld

    Answer: The directive that called for a halt in issuing of visas was restricted to visas for new arrivals and had nothing to do with visa transfers or processing of residence permits

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  • Residency switch

    I am an IT expert who is working for Ministry of Health through a contractor. I have been working in this company for about one and half years. They forced me to switch my residency under their name (as it is the only legal way) and I did so, last year.

    Their contract with MoH was renewed last July but till last month (February 4th) I had no residency. Two months earlier I notified them about the expiry time of my residency but they failed to do and after many follow ups they asked me for KD 350. It is more than one month that I am on Article 14 and they say this cost is because of changing contract and it should be paid by the employee, otherwise they will not proceed with work permit process.

    Here in MoH, there are other employees who are working through other companies and claim that they never paid such an amount. My question is if this cost is on the company or the employee? If it is company, while they are not proceeding for my work permit what can I do?

    Name withheld

    Answer: There are times that one must be pragmatic in dealing with others especially when one finds himself at the weaker end of the equation. The company people are saying that pay KD 350 otherwise they will not proceed with the work permit process. It will therefore be in your interest to pay the amount to get your residency stamped and then handle the issue of whether it is you or the company that is legally bound to pay the amount. Our experience however tells us that there are many payments that employers are mandated to pay on behalf of their employees but they pass on these payments to the employees with no action taken against them. In short even if the company is the one to pay the amount and it says it pay there is every little that you can do except to pay and make sure that your residence permit is processed. Let pragmatism be your watchword vis-a-vis your current situation.

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  • Contracting company of KOC did not pay for public holidays

    We are working under KOC offices through its Construction Consultancy Contract. Our contract is hourly basis but salary paid on monthly basis as per monthly time sheet. During the month of January 2020, three days mourning holidays were declared on the death of Sultan Qaboos Bin Said, Sultan of The Sultanate of Oman, 11th, 12th & 13th January, 2020 as declared by Kuwait Government.
    However, our contractor did not pay the above mentioned holidays in our January salary. Sir, I would like to know, as per Kuwait Labor Law for Private Sector do employees deserve payment for all public holidays that are declared by Kuwait Government? or is there any clause where the employer can decide to pay or not to pay?

    Name withheld

    Answer: Under the Kuwait Labor Law for the Private Sector, employees who work on public holidays seemed statutory are to be paid overtime for working on those days.
    There are other holidays described as rest days under which companies under the private sector are allowed to use their discretion to determine if they want their workers to enjoy such holidays or not.
    Under this scenario the companies may also decide to pay or not to pay their workers for working on such days.
    Now coming back to your question on the three-day mourning holidays declared by the government of Kuwait on the passing away of Sultan Qaboos Bin Said, all that we can say is that the days declared did not fall under the category of statutory public holidays and hence, are left to the discretion of companies to consider them for overtime payment or not.

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  • Home Quarantine with unpaid leave

    I arrived from India on March 6. As everyone is aware that Ministry of Health issued the guidelines that expatriates who have arrived from travel on and after 27th February should be home quarantined for 14 days from the date of arrival. While coming to my concern, my company has issued a memo to stay at home for home quarantine with unpaid leave. As per the Kuwait Labor Law, will the quarantine period be paid by the company or unpaid? Awaiting your valuable reponse.

    Name withheld

    Answer: The government release announcing the compulsory quarantines also indicated workers undergoing such quarantine will not be considered as being absent from work in terms of salary and leave days. While those in the public sector will have no difficulty in taking advantage of this directive the same cannot be said for those working in the private sector.

    Going by the official government directive, the two-week quarantine period should be paid for by the companies but my gut feelings tell me that some of them may not in a similar manner they disregard government directives on other issues pertaining to workers rights and privileges

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  • Indemnity – Company asking to sign “Financial Clearance Certificate”

    I have been working in a company for the last 13 years and my salary is KD 1,000. I asked my company to provide me my indemnity, they agreed and told me to bring “Financial Clearance Certificate” from Authentication Department of the courts.
    I have to sign on that financial clearance certificate that I have received all my indemnities and I will not file any case against my company whatsoever.
    However they will deposit money in my account later after 3-4 days. I want your guidelines before taking any decision. Suppose I sign that paper prior to receiving my indemnities then what if they don’t honor their word later? What can I do later when I have already given a paper stating that I have received every thing.

    Name withheld

    Answer: Unfortunately, this is the modus operandi of most companies who demand the signing of the financial clearing certificates before payments of indemnities are executed in fairness to these companies however, most of them pay after the certificates are signed.
    To cool down your anxiety, signing the financial clearance certificate by itself does not constitute proof of payment of indemnity so the company cannot use that as a pretext to say that you have been paid your indemnity when indeed nothing of that sort has happened.
    In the event the company wants to play smart with the financial clearance certificate in relation to your indemnity payment, we advise that you file a case against it at the Public Authority for Manpower to seek redress in determining the case.
    The company among other things, will be asked to produce proof of payment of your indemnity in the bank and here its deceipt will be exposed.

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  • Is the official work leave for the private sector as well, or is it only for the public sector?

    The official work leave is for the public sector. The Private sector has the right to decide whether to grant leave or not, while adhering to the Council of Ministers decisions regarding the suspension of some institutions.

  • Transfer of Visa 20 to 22 – Documents

    I need information. My wife is on visa 20 and still she is working but I need to transfer her visa to my sponsorship so, is it possible to transfer her visa if it’s possible what documents, do I need.

    Name withheld

    Answer: Yes, it is possible to transfer your wife’s visa 20 to your sponsorship on family visa but under the caveat that her current sponsor has no objection and you also meet the minimum salary of KD 500 required to qualify to sponsor someone on dependent visa.

    If the above conditions are satisfied, you then apply to the Immigration Department to effect the transfer but your application must be accompanied by the following documents:

    1. No objection certificate from your wife’s current sponsor.
    2. Copies of your wife’s passport and civil ID.
    3. Copy of your Civil ID.
    4. Work permit indicating the salary you earn per month.
    5. Marriage certificate authenticated by your country’s Foreign Ministry as well as your embassy here in Kuwait.

    You will also need to have the marriage certificate stamped by Kuwait’s Ministry of Foreign Affairs.

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  • Designation and Salary change – Will I loose my Driving License?

    Currently I am holding a driving licence. My designation is ‘Mandoop Mubiyath’. My salary is KD 600 in work permit, and I am a university graduate. I have been here in Kuwait since 2015. I am changing my job, basic salary they can put in my work permit is KD 350. But, my new company can provide the same designation as before. In this case, do I loose my licence?

    Name withheld

    Answer: You got your licence not on the basis of your designation but for the fact that at the time of applying for the licence you met the salary requirement. With a minimum monthly salary of KD 350 in your new company, we are afraid that you will loose your driving licence as that amount is for below the minimum of KD 600 required.

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  • Indemnity calculation

    Please help me calculate my indemnity. I have resigned from my company and my last working day is 31 January, 2020. My joining date in this company was 1 April, 2014. My salary is KD 630. What will be the total indemnity when I will receive from my company?

    Name withheld
    Answer: By Jan 31, 2020, you had put in about 5.75 years of service.

    Your indemnity calculation will therefore be as follows: 15 days salary for each of the first five years of service = 75 days but this has to be devided by 26 (working days in a month) = 2.88 months salary.

    For the remaining 9 months you get 0.75 month salary which gives a total of 2.88 + 0.75 = 3.63 months salary.

    You multiply 3.63 by KD 630 (your monthly salary) = KD 2,286.900.

    As you are resigning with over five years but less than ten years of service, you are entitled to two-thirds of this total = KD 1,524.600

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