Legal Clinic

  • Need to amend Law No. 68/2015 to protect household workers

    Atyab Alshatti

    The Domestic Labor Law failed to protect the rights of domestic workers despite the fact that this is the latest law issued to regulate household workers’ rights and obligations. The law has no stipulation on a lot of domestic workers’ rights.

    It does not stipulate penalties in case of criminal acts. It still suffers from lack of enforcement mechanisms which make the legislative process ineffective and futile.

    Law 68 for the year 2015 regarding domestic workers aims to regulate the relationship between workers and employers.

    Therefore, it stipulates some rights that were not mentioned in previous laws which were enacted to regulate the work relationship in general, leaving household workers ‘legally unprotected’. The law states that household workers should not work for more than 12 hours a day with resting hours included, but it did not specify the number of hours for rest or after how many hours of work they could rest.

    This means an employer can require a worker to return to work after one hour only which is inhumane compared to six hours of working. They need more time to rest. Moreover, the law does not mention sick leaves so the employers could force the employees to work even if they are sick.

    What is really disappointing is that the law has no stipulation on penalties in case the employer sexually harasses the worker, neglecting the fact that household workers are under the employers’ control most of the time Finally, the ‘runaway’ complaint filed by the employer is a wicked trick which is still being used by people who are not concerned with workers if the employers do not want to pay the salary or if they want to harm the workers for any reason. Law Number 68 for the year 2015 must be amended to protect household workers as the current version is not enough to serve this purpose.

    By Atyab Alshatti, Esq.

    Email: lawyeratyabalshatti@gmail. com

  • Cancelling wife’s dependent visa – Wife outside Kuwait

    I want to cancel my wife’s family visa (22) but she’s in India and she can’t travel here because of medical reasons. Can I cancel her visa without she being here? I have her original Civil ID.

    Name withheld

    Answer: To be able to cancel your wife’s family visa, you will need her passport and original Civil ID card. But as you said, she is outside Kuwait with her passport. In this case the other option left is to wait for six months when the visa will be automatically cancelled under the rule of staying outside Kuwait for six consecutive months.

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

  • Extending of Parents visit visa

    My mother came on visit visa on Sept 6, 2018 and validity in only one month. I want to extend my mother’s visa for 1 week effective from Oct 6, 2018. Could you please advise whether 1 week extension is possible or not. Also advise any other alternative solution.

    Name withheld

    Answer: Unfortunately, there is no window of opportunity for you to apply for one week extension for your mother to stay in Kuwait. The latest rule change on visit visas affects only visa for immediate family members (husband, wife and children) under this rule change, these can now stay for three months instead of one month.

     

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

  • Salary cap under new visit visa rule

    This is to get an information regarding the new rule for visit visa. I would like to know what is the minimum salary required for taking visit visa for my family. I am cashier working with 210 basic salary.

    Name withheld
    Answer: To take a visit visa for your immediate family (wife, husband and children) you should be earning at least KD 200 salary per month. For other members of the family (mother, father, sister, brother) you should earn at least KD 300 a month

     

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

  • Company resignation and visa transfer back to dependent

    I came to Kuwait on family visa. After that I got job and that company changed my visa to 18 but now I want to resign and change again to family visa. Is this possible?

    Name withheld

    Answer: Yes, you can resign and revert to your original family visa. You must however note that for your resignation to be effective you must give a three-month notice period as mandated by the Kuwait Labour Law.


    I have been working in a company for 3 years now and recently I went for vacation and came back. I want to know if it is possible to give my resignation after coming back from my vacation. What is the Kuwait labour laws say regarding resignation. Should I serve a notice period of three months once I give my resignation?

    Name withheld

    Answer: You don’t have any problem in tendering your resignation in as much as you give your employers the mandatory three-month notice period.

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

  • New visit visa rule – Parents stay in Kuwait

    This is with reference to the new rule on visit visa. I got visit visa for my mother on July 19th (valid for 3 months) and she arrived to Kuwait on 4th of August just before one day of new rule. Accordingly, is she permitted to stay for three months from the date of her arrival or as per the new rule she needs to leave after completion of one month only. Appreciate if you could clarify.

    Name withheld

    Answer: Under the old rule on visit visas, it was only members of the immediate family (wife, husband and children) who had three-month visa validity to stay in Kuwait. Indeed other members of the family (mother, father, children) could only stay for one month when on visit.

    With the new rules all visitors to Kuwait (except husband, wife and children) can only stay for a period of one month without any extension except in an emergency situation where a two-week extension can be considered.

    Your mom therefore should have left Kuwait on Sept 4 and if she hasn’t she is living in Kuwait illegally and for each day she has stayed in Kuwait after Sept 4 she has to pay a penalty of KD 10.

    Meanwhile, there is yet another rule change to visit visas. Under this newest rule immediate family members (husband, wife and children) can now stay for three months.

    The rule also says this category of applicants who earlier applied and were given one-month stay can reapply to be given three months.

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

  • Diploma holder & 19 years experience as Engineer – Can I renew my visa under same position?

    I am a diploma holder, visa status — engineer, 19 years working in Kuwait as QA QC engineer. My visa renewal is on Jan 7, 2019. Is it possible to renew as same position? I have driving licence till 2022. My current salary is KD 650.

    Name withheld

    Answer: Under current regulations, holders of engineering degrees must obtain no-objection certificates from Kuwait Engineers Society before they could have their residence permits processed for the first time or renewed. Indeed the issue of diploma holders in engineering is a grey area as only degree holders are mentioned in the new regulations. Our advice therefore is that you visit the office of the Kuwait Engineers Society who will be in a better position to tell you whether you are covered under the new regulations or not.

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

  • Dependent Traveling outside Kuwait

    I am on dependent visa here in Kuwait as my husband is the one working here and sponsored me to come over.

    Is it possible for me to travel outside Kuwait for example to Dubai, UK or US without him? I want to confirm the rumors I heard that its not possible for they will look for the sponsor.

    I’m trying to research about it but it seems I can’t find any details except for types of visas and requirements.

    Nothing much about rules and regulations regarding travelling and upon researching I saw your site answering queries that I opted to try and send you my question. Kindly do not publish or mention my name if ever you’ll post my question. Thank you in advance for your time!

    Name withheld

    Answer: The issue of the sponsor may only arise in the course of your visa application and interview by the embassy of the country you want to visit. If after the applications and interview processes you are granted a visa, nothing will stop you from visiting the countries you mentioned. Having said this we must point out that things will be easier for you if you and your husband apply for the visa and travel together.

     

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

  • An Engineer lost driving licence in designation change process – Want to reapply for new driving licence

    I have been working as a mechanical engineer and hold a driving licence, which is valid up to December 2019. However, I changed my company recently and driving licence got cancelled due to designation changed as supervisor. My current salary is 750 which shows in work permit. I am available in Kuwait since August 2015. My licence was issued in December 2016.

    Kindly request you to advise me in this regards to get a new driving licence. As I heard from someone that I should wait for two years to apply for a new licence. Is it true?

    Name withheld

    Answer: At the time you were issued the driving licence in December 2016, you did not satisfy the two-year residency requirement that driving licence applicants must meet but you might have been given a waiver by virtue of the fact that your designation was mechanical engineer and hence qualified for a waiver with the change in designation, your driving licence was cancelled because under the traffic regulations supervisors do not qualify for any waivers.

    However all is not lost yet since you can reapply for a new driving licence as you now meet the two-year residency requirement in addition to the fact that you earn a monthly salary of KD 750. The remaining requirement is being a university degree holder which we assume you are because of your earlier mechanical engineer designation.

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

  • Exemption of minimum salary for designations to obtain dependent visa

    I would like to be clear on the criteria and minimum salary required to acquire dependant visa for my spouse. The salary I receive from my company is KD 454 per month but in my work permit they have mentioned my basic salary as KD 401. I have read in some circulars there are few categories of workers who are exempt form this minimum wage of KD 450, so in connection to this will the Kuwait ministry approve my dependant visa application as my designation is engineer in my iqama.

    Name withheld

    Answer: Unfortunately, your monthly salary of KD 401 does not qualify you to sponsor your spouse on dependent visa. Indeed, if there was something like exemption for engineers with regard to the minimum monthly salary requirement, which we are sure there isn’t, you would have had to apply for such an exemption. The Ministry will under no circumstance give you an exemption just because you are an engineer without an application to that effect.

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

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