Legal Clinic

I had taken family visa in May 2016 when the salary shown in my Izn Amal was KD 250. In June 2018, the family visa Article 22 was transferred to Article 18. Now I need to transfer Article 18 to Article 22 (family visa). Is is possible to transfer? In my current Izn Amal my salary KD 335 and not KD 450.

Name withheld

Answer: Since originally your wife was on family visa but transferred this later to a work visa, she will ordinarily not face any problem in reverting to the family visa. But the problem here is that in a few instances, some officials will give a different interpretation of the law especially in a situation you find yourself now where your monthly salary is now less than the amount required to be in position to sponsor members of your family on dependent visa. What this means is that an officer can tell you that you are not qualified to effect the transfer of your wife’s work visa back to your sponsorship since your salary of KD 335 is not up to the KD 450 required. If you face such a problem it will be left to you to explain to the official that at the time your wife entered Kuwait on family visa the minimum monthly salary requirement was KD 250 and hence the current KD 450 required does not effect you as Kuwaiti laws do not take retroactive effect.

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I am working in a private sector company in Kuwait. I joined the company by signing an offer letter which states that my job contract is for a specific period of three years. After one year they offered me a better position and I continue to work with the company. My contract as per the offer letter expired on December 2018 and none of the parties renewed the contract formally. So my question is, is it possible for the company to terminate me anytime now? Or since the contract is not renewed formally, will I be getting another 3 safe years with the company. Looking forward for your kind support.

Name withheld

Answer: As the contract expired in December 2018 with neither party formally renewing it, but you are still at post, we take it that the company still needs your services and probably has put you on an open contract. To know your exact fate, however nothing prevents you from approaching your employer to seek clarification on the issue. With regard to having your services terminated, that is the exclusive right of the employer and he cannot be compelled by anyone to keep you when he/she doesn’t need your services anymore.

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My question is regarding about resignation or leaving a company. I have been working in a company for past 6 months under family visa in Kuwait. I want to leave the company. So should I stay for 3 months notice period or I can leave as early as possible? Hoping your reply at earliest.

Name withheld

Answer: Both you and the company are in breach of Kuwait Law under which persons under family Visa are not permitted to work except if they change their visas to Visa 18 which will permit them to work. With this explanation, you don’t need to stay in the company a day more but just pick your bag and leave. Meanwhile count yourself lucky for working in the company illegally for six months without being caught and for prosecuted for breaking the law.

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I am a qualified Bachelor of Administration as a Secretary. From October 2011 to January 2019, I worked for a well known construction company in Kuwait. Then on Jan 28th, 2019, I transferred my work permit to a new company.

Still I haven’t received my final settlement from the company. Like me, too many people are struggling to get final settlement from their companies. Every 15 days I am following up, but nothing is moving from the side of the employer. What should I do to get my final settlement? What should I do to get my pending indemnity.

Name withheld

Answer: If you are genuinely convinced that your former employer has no intention to live up to his contractual obligations with regard to payment of end of service benefits, then we advise that you file a case against the company at the Ministry of Social Affairs and Labour through the Labour Department in your area.

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I came to Kuwait 2014 on project visa. After 3 years the company changed my visa to his main file. I want to know if I have a good opportunity to transfer to another company. Can I transfer my visa to any private sector?

Name withheld

Answer: Yes, the opportunity exists for you to transfer your visa from the current sponsors main file to a company in the private sector. However, this opportunity can only be taken advantage of if your current sponsor is willing to okay such transfer.

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I would like your advise on my situation. I recently joined a company but I don’t want to continue working here. I don’t have any issues with the company but I don’t like my job role. I have a 100 days probation period and I plan to leave within that period. My contract states that either party can terminate employment during probation period without any notice. Am I liable to pay any fines or serve notice period? Also if I leave mid-month, how should I claim my salary?

Name withheld

Answer: As the work contract states that either party can terminate the employment during the probation period without any notice, you will be acting within the law if you terminate your services with the company without any notice period or being liable to pay any fines. Indeed you can walk away at any period during the probation just as the company reserves the right to fire you within the same period as spelt out in the contract. If you leave mid-month you will be paid for the number of days you have worked in a similar manner you were paid when you worked for a full month.

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I went yesterday to Ahmadi Traffic department office for applying licence but my application got rejected by the Kuwaiti officer. He said you are not eligible. My salary KD 650 in work permit designation technician, residing more than 3 years with engineering degree with attested and translated. Please explain me why they said I am not eligible? Is there anything needed more from my side?

Name withheld
Answer: From our side, you meet all the requirements needed to be granted a driving licence. But to reiterate the caveat we always add when we answer a question like this, we say that the final authority in determining whether one is granted a driving licence or not is the exclusive preserve of the officials at the traffic department.

We must however add that in exercising this right, the officer at the traffic department must not act arbitrarily or capriciously and if you have reasons to believe that the officer acted as in the preceding, then you should ask to see a superior officer to put your case across to him or her.

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Hello. I have read several of your questions and haven’t seen my issue arise. Please help me. I am desperate.

My name is Alia Abdullah. In 2013 in Cleveland Ohio, USA, I began a relationship with a man who was on a Visa from Kuwait. We became very close living together. Well my father found out. And freaked, making me stop all contact because I found out I was pregnant. He sent me to Lebanon. Now I am back in the United States and I cannot find this man. He got married to a lady here a few years ago, then she said she stopped hearing from him and he may have been in some legal trouble in Kuwait.

My issue is, my daughter (that is the Kuwaiti’s daughter as well) has a serious genetic disorder. I need contact with his family for him to see if maybe they can help with a bone marrow match or if this condition is from their side. I am at a loss. I need to know what facilities that can help me contact him. His birthday is 11/23/83. I believe. Please help me!!!

Name withheld
Answer: As you rightly said, you have read several of our questions and you haven’t seen your issue arise. This is correct because this column basically deals with labour issues that affect expatriate workers in Kuwait. This not with standings. We advise that you approach the Kuwait Embassy or any of its consulates in the US, provide details about the said Kuwaiti and we believe they may be of help to you. We wish you the best of luck in your endeavour.

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My monthly salary is KD400. Can I bring my mother for a short visit to Kuwait? Please advise.

Name withheld

Answer: Unfortunately no, you can’t bring your mother to Kuwait for a short visit. New rules recently issued say that except for your wife and children, to sponsor any other relative to visit Kuwait you should be earning a monthly salary of KD500 or more.

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My old employment contract ended on Feb 28, 2019 & file closed. My employment started under new employment contract with same employer in the month of March 2019 & I signed my employment contract on March 2, 2019. As per terms in employment contract & job offer letter, I am on probation period of 3 months. I got good opportunity in UAE & I am willing to relocate to UAE.

The company in UAE wants me to join within 45 days from date of my resignation. I submitted my resignation to company on May 21, 2019. Please see my questions below:
1) Is it required to serve 3 months notice period to employer?
2) Can I exit Kuwait without cancelling my employment visa & family dependent visa?
3)Do I need to cancel my family residence visa before they exit or it will be automatically cancelled?
4) Is there any problem of getting UAE visa for me & my family, if I don’t cancel Kuwait residence visa.

Name withheld

Answer: The idea behind the notice period is to give the employer suitable time to get a suitable person to replace the worker who is resigning or to make the necessary adjustments in order that work flow will not be affected negatively. A worker who is fired is similarly given the notice period to be able to work for a new job.

In this perspective, if your employer insists that you do the three months as mandated by the law, you have to live up to this legal requirement you to compensate the employer for all or part of or failing that the law requires the notice period you could not fulfil.

Coming back to your specific question, we will say that since you have already signed the contract with your current company, you are bound to serve the three-month notice or compensate the company in lieu of the notice.

However, if in the contract that you signed there is an escape clause for you during the probation period, then the three-month notice period will not be applicable to you.

As regards cancelling your visa and that of your family before exiting Kuwait, the law requires you to do so and you will be breaking the law if you didn’t and if in future you seek to return to Kuwait you may face some problems..

As regard a problem with UAE visa vis-a-visa how you deal with your visa issues in Kuwait, we are not in a position to provide an answer but can however, state that the GCC Member States have some common and linked labour rules and punishments meted out for contravention of these rules and applicable within the jurisdictions of member states.

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