Legal Clinic

I came to Kuwait on direct company visa (project visa No. 18). My profession is foreman and my salary is more that KD 600 per month. Having worked in this company for more than four years, is it possible to transfer from project visa No. 18 to private visa No. 18 if yes, could you please explain the procedures? I heard it is possible, but is that true? Kindly provide me with the correct information concerning the relevant law and regulations.

Name withheld

Answer: Under these scenarios which go with different fees charged, one can effect the transfer of visa. If you were originally brought to Kuwait on a project visa by your current company, the laws say 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 under which if your sponsor has no objection, you can transfer to a private sector company. In short there cannot be direct transfer of government project visa to private sector company visa unless you first of all transfer the project visa to the general file of the sponsor and from here the possibility exists of transferring your visa to a private sector company visa after the payment of a fee.

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I am a dietician working in a private company. I submitted my resignation on health issues due to eight hours continues work without any break time. I can no longer bear the stress. I joined the company on Dec 2, 2018 and resigned on July 30, 2019. My last working day will be on Oct 31, 2019 (three months notice period). The company deducted KD 160 from my KD 250 salary. They told me that the total deduction will be KD 600 for visa, medical and air ticket. This will be deducted from my salary for the next two months. Are these charges legal or not? If these are illegal, what should I do?

Name withheld

Answer: If the company brought you from your home country, the demands that you work for them for three years, before you can quit their service. The KD 600 demanded from you could therefore be the cost they incurred in bringing you to Kuwait and the company will therefore not be breaking any law by making this demand on you especially if they can prove that the amount is commensurate with the amount they spent on you.

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I’m holding a Visa 18 and I have my children with me here in Kuwait, my wife is also on a Visa 18 (not dependent) with a different sponsor. Is it possible for me to bring my second wife with a dependent visa?

Name withheld

Answer: In our estimation, it is possible to bring your second wife to Kuwait on dependent visa in as much as you meet the requirement to sponsor your wife on dependent visa. It must be pointed out that Kuwait being a Muslim country does not frown on polygyny and indeed allows Muslim men to marry upto four wives.

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I am working with a private sector company. I put in my resignation on August 7, 2019, I do not want to serve my full notice period i.e. 3 months and I want a release before September 15, 2019. Can you suggest to me any way so that I can get release from my present company. Is it possible for me to pay my present company the salary of notice period which I have not served and get early release. Please guide.

Name withheld

Answer: The idea behind the notice period is to enable both the employer and the employee to make the necessary adjustments to cope with either resignations or dismissals. In this perspective, varying the conditions under which the notice period operates cannot be unilaterally taken but must be mutually agreed to. So, answering your question directly, all that we can say is that whatever changes you want to do to the notice period must be done with the full agreement of your sponsor and failing that, we are afraid, you can’t make any meaningful progress and also stand the risk of going above the law.

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Good day! I am 26 years old Filipino citizen, working in Kuwait as server/cashier for 1 year and 10 months. Under Kuwait Labour Law, is there any possibility that I can get released by my company and transfer to another company since I am a degree holder? I have a business management major in marketing management for 4 years in Philippines?

Name withheld

Answer: Having served less than three years, and we are assuming that the company you are working for now brought you on their sponsorship to Kuwait, you are not qualified to ask for a release to join another company, regardless of the university degree you hold. The only way open for you to get a release is if the current sponsor, on his own accord, decides to grant you one. Otherwise you have to work three years for him before you can ask for a release and having done one year 10 months already you need to put in additional one year two months before you can qualify for a release.

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I am working as an accountant since 2012 to present, I am a degree holder (BCom. Calicut University). Three years ago my company tried to change my profession as accountant but the Shoun rejected their request because as per them the Bcom degree is not accounting degree.

Recently I have joined in new company as senior accountant and they need to transfer my profession as accountant (As per new company it is mandatory). My current position is Office Administrator (Masool Idari) What will I do now for Shoun to accept it again. Please advice. Waiting for your reply.

Name withheld

Answer: The onus lies on you, through your mandoub to explain and convince the Shoun people that your BCom degreee (accounting option), granted that the latter is the case, is equivalent to an accounting degree. However, if it is the general principle of Shoun to consider all BCom degrees irrespective of the various options offered, then we are sorry to say that there is no offer of advice that we can make.

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I’m a frequent reader of your legal clinic column and want to thank you for the good advice you provide. I have a problem. I had given my car to a Pakistani mechanic in Shuwaikh Industrial Area to overhaul the engine on March 5, 2019 and paid him KD200 advance as he wanted it to purchase parts.

He was supposed to give my car within 7 days but ended up giving it to me on April 1 and visited at least 3 times to follow up as he would not answer my calls. He asked me to pay the balance KD100 (total KD300) before I take the car back. I hardly took a round and I started hearing funny sounds coming from the engine so took it back and he did something and it stopped but I was not happy. He told me these are computerized and need some time to adjust.

After about 5 days of driving the engine started heating up (I never had this problem before) so I took it to him, he kept it for 4 days then called me saying it’s fixed I hardly drove the car for 3 km it started heating again. I gave the car back to him telling him to fix it properly. I returned the car to him 6 times between April to May with same problem. He would keep the car for 3-4 days then say it is fixed.

On June 8, I gave the car to him as I was going on my vacation and told him to fix it as I was really fed-up with the lies he was telling. I used to call my friends from India who I had asked to follow up with him but he gave them the same stories. I came back on 14th July and I tried to call him but he would not answer my calls, so I called him from my friend’s mobile and he answered and told me to come the car is ready. When I went he told me there is a problem as he had kept the car running and the engine was heating up and had to walk in the hot sun to find a taxi. (He did this to me at least 5 times before).

On 6th August I went to collect the car as he told my friend it was ready. When I went to collect the car it was not starting. Waited for 5:15 pm till 7:30 pm but the car would not start. Now he is telling me some parts were changed and I need to pay him. I told him I would first test the car then pay him and he said no. I would first have to pay then take the car back. Sir, please help me what I should do in getting my money back; as I know he has not done the job. My family & I are suffering for 3 months because I cannot keep going by taxi for short distances and specially to walk in this heat with my small kids. I go to office by bus as it will be too expensive to take a taxi.

Name withheld

Answer: Much as we would have wished to help you solve your problem with the mechanic, we do not wish to go outside the remit for which this column was instituted ie to discuss issues that border on the labour law and how it affects both workers and employers. Our advice to you therefore is that you seek advice from a law chamber which can file a case in the court on your behalf should it fail in its attempt to let the mechanic return your money to you for failing to fix your car.

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I am working in Kuwait as a Geologist. My wife is coming on Sept. 12, 2019. If she gets a job, is it possible to transfer her sponsorship with one year? If not when she can transfer?

Name withheld

Answer: Yes, it will be possible to transfer her sponsorship within one year provided she gets a job and the company is willing to accept her visa transfer.

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My son is studying in India and under family visa. I bring him to Kuwait before the end of six months to keep his residency, Now he has joined a marine college in India and I won’t be able to bring him to Kuwait before 6 months and his visa will be cancelled. Is there any issue if I want to bring my son to Kuwait on visit visa later on?

Name withheld

Answer: No, there won’t be any issue if you want to invite your son back to Kuwait on a visit visa in future.

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I do not have a degree, but I meet the other criteria for obtaining a drivers license. Is the degree portion waiverable?

Name withheld

Answer: Yes, the degree portion and indeed the other portions are waiverable but to take advantage of this you must belong to one of a number of professions that qualify for such exemptions. These professions include teachers, nurses, doctors, engineers, imams, journalists, judges etc.

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