Legal Clinic

  • Philippines national: Salary not paid on time

    I am working in Kuwait from December 2017, since we started work in company here in Kuwait every month our salary is late. The most late is this month from our salary on January still now we didn’t get it. Then today I decided not go to work because of that issue ‘no salary’ I really need my salary because I have family in Philippine waiting for my salary. Then my general manager now talk to me that if I will not go work today and tomorrow they will terminate me as per Kuwait Labour Law. Can you help me what should I do? Thank you in advance.

    Name withheld

    Answer: By unilaterally refusing to go to work because of non-payment of salary, you will be taking the law into your hand and this is unacceptable. There are laid down procedures to follow on issues of this nature one such procedure is the filing of a case against the company for breach of contract at the Ministry of Social Affairs and Labour through the Labour Department in your area you also have access to the courts if you feel you have be short-changed at the Ministry of Social Affairs and Labours.

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  • Company putting pressure to shift from Family visa Article 22 to Company visa Article 18

    My friend is on Article No. 22 family visa and working in company, the company is forcing to transfer the residence, since she has not completed degree she cannot change her residency. I would like your assistance that is it compulsory to change the residence, is there any clause/law with which we can hold the residency transfer process till she completes her degree.

    Name withheld

    Answer: Be informed that your friend is breaking the law by holding Visa 22 and working in a company. This might be the main reason why the company is putting the pressure on your friend to transfer her residence to that of the company’s. Indeed the company is also breaking the law by employing someone who is not under their residence. We are of the opinion that since your friend is not on student visa, she will not be breaking the law or face any problems if she tries to change her Visa 22 to Visa 18 or company visa. Indeed, we are aware of many people working and schooling at the same time and facing no problems with their visa status.

    Kindly go through our archives and refrain from sending repeated questions
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  • Bringing Sister and her husband on visit visa

    My basic salary is KD 550. I would like to know if I can bring my sister and her husband for one week visit?

    Name withheld

    Answer: Yes, you can because the latest regulations on visit visas say you should be earning not less than KD 500 a month to be able to invite any other relatives other than the immediate family members (wife, husband and children) on a visit visa.

    Kindly go through our archives and refrain from sending repeated questions
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  • Project visa completed – Terminated with 3 mnts notice

    Since December 2016, I have been working for a private company under project visa. After two years contract completion, the company terminated me with three months notice period. As per labour law is it possible to get local transfer?
    Note:

    1. From my side there is no issue to give transfer.
    2. I am an engineering graduate but I don’t have NBA approval.

    Name withheld

    Answer: As per the labour law, the company is not bound to give you a release and can decide to send you back to your country after the completion of the project for which you were hired. On the other hand, if the company has no objection to giving you a transfer, it can transfer you only to another government project of a different sponsor after a payment of KD 300. Without NBA approval, it might be difficult for you to get a noobjection certificate from Kuwait Engineers Society and without the no-objection certificate it will be difficult to execute any transfer.

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

  • Don’t know what type visa 18 I am holding

    I have been working in Kuwait for a well reputed construction company. I had a good opportunity to join a Korean company but this is my first company and I was hired from India. My question is I don’t know about my visa status one mandoub said it is company visa and some are telling me it is factory visa. I am confused which is correct statement? Due to that I am sending you all relevant documents for your kind consideration. Please find the attached documents and let me know about my visa status. Also let me explain whether it is transferable or not? Waiting for your positive response accordingly.
    Name withheld

    Answer: The documents attached show clear that your visa is 18 but be informed that Visa 18 has different categories of which your company mandoub will in a better position to tell you which Category of Visa 18 you are on. However the company you are currently working for is a construction company that hired you from India.

    From this premise we may assume that your Visa 18 is of the construction or the project type and if our assumption is right, then we can say that the visa is transferable but only within the construction or project sphere. We must also add that such a visa transfer can only be possible after you serve the mandatory 3-year period with the company that hired from India.

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  • Confused – Need More Light

    I had some concern about the information provided by you on the web.

    “Yes, you can leave your present company and join another company and the former will be obliged to grant you a release since you have a university degree and you were hired locally. If you were not a university graduate, you would have been under the law compelled to work one year for the current company before you could apply for a release.”

    When I tried to verify this information with a local lawyer and a few employers, they say it’s incorrect information. Therefore, I am confused now. Please put some light on my query. I will highly appreciate it.

    Name withheld

    Answer: We stand by what we said and if others are saying it is not correct, then it is incumbent on them to tell you the correct thing.

    Kindly go through our archives and refrain from sending repeated questions
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  • Engineers designation change – lost driving license

    I have been working in Kuwait since 2013 as an engineer, then in 2016 I went to India and came back on new visa but same company as engineer again and got driving license in May 2017. My licence is valid till May 2019. But now because of the engineering degree issues my residence changed from engineer to supervisor. My license is not showing in the MoI website. I have salary more than KD 700 and a university degree too. Is it possible to renew my license and get my license back? Is it just blocked or cancelled? Please clarify on what to do next.

    Name withheld

    Answer: The fact that your license is not showing at the Ministry of Interior website means that you don’t have a licence anymore. Indeed the license was cancelled as result of your change of designation from engineer to supervisor. However, all is not lost since you have all the qualifications to apply for a driving licence; we therefore advise that you apply allover again for a new driving licence. As for renewal, forget about it since there is no licence to be renewed.

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

  • Transfer of visa after 3 yrs of work

    I arrived in Kuwait on April 10, 2018 under company Visa 18 and I started to work in the same company on May 1, 2018. But my visa was stamped on July 7, 2018. Please tell me the earliest date I can apply for release.

    Name withheld

    Answer: You can apply for a release by Feb 1, 2021 to become effective by May 1, 2021. This means that by that date you would have satisfied the three-month notice period.

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

  • Dependent visa transfer to company visa

    Is there any new law regarding visa transfer? My wife is staying here on dependent Visa 22. I heard that after February 2019 one new law will come to stop visa transfer from 22 to 18 work visa. Is it true?

    Name withheld
    Answer
    : February is still with us and it won’t be long when we see its back again. So we will advise that we wait and cross the bridge when we get there. Stories on this issue have been published in the past quoting sources but the fact that such stories were not able to put a finger on a particular official as their source means that we can’t rely much on them. Hence, our inability to give a direct answer to your question.

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

  • Sponsoring new born in Kuwait

    Kindly let me know 2019 rules for the new born baby residence. I am on Visa 18 working in Kuwait and my salary is KD 375. My husband will come back on a new Visa 18 in the month of March but his salary on the paper is less than KD 200. Delivery is in the month of June in Kuwait. I want to know if we can make residence for our baby?

    Name withheld
    Answer:
    Under Kuwaiti law it is only the man who can sponsor any member of the family on a dependent visa. You are, therefore, ruled out from sponsoring the expected child. Your husband’s monthly salary of less than KD 200 falls far short of the KD 450 required to qualify to sponsor the expected child. With these explanations, you are left with no option than to send the child out of Kuwait within sixty days after delivery. If you and your husband don’t do that you will fall foul of the law and suffer the consequences thereof.

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

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