Legal Clinic

I would like to take your advice on the school vacation schedules. There is an Indian school which gives very less summer holidays (2 months) compared to other schools (3 months) in Kuwait. This school also operates until 3:00 pm and still the holidays are less. While this point is raised to management an official confirmation came stating the holiday plan is done with approval from MoE and this is allowed for ‘A’ grade schools in Kuwait.

I would like to know:

1. Is there any grading system for schools by MoE;

2. Is there any exceptions for these schools in terms of holidays schedule;

3. Are they allowed to operate the school even in peak summer (August);

4. Are schools allowed to operate during Ramadan fasting time?

Name withheld

Answer: All private schools in Kuwait came under the supervision of the Private Education Department of the Ministry of Education (MoE). We do not have any reason to believe that any private school in Kuwait can unilaterally take a decision that affects students without first seeking the input and permission of the Ministry of Education.

We are therefore tempted to side with the school management’s contention that the holiday plan and school duration have been done with the approval of the Private Education Department of Ministry of Education.

Having said this, we advise that to make assurance doubly sure, you can seek clarity from the Private Education Department on what bothers your mind with regard to the actions of the said school.

Grading system for schools is practiced in many countries and Kuwait is not an exception. To the best of our knowledge we are not aware of any laws that specifically say schools should operate or not operate in peak summer or during Ramadan.

Kindly send your queries to [email protected] or [email protected]

Repeated questions wont be entertained pls refer to our archives

I would like to ask for your legal advice. I am currently working on a project visa. I will be completing my one-year contract this coming Oct 25, 2017. My questions are

1. If I get hired by another company, can I get release from my current company after completing my one-year contract?

2. If I don’t get release and I decide to resign and go home to my home country, will my visa be automatically cancelled after it expires?

Looking forward to hear from your advice. Thank you and best regards.

Name withheld

Answer: If you were originally brought to Kuwait by your current company on a project visa, 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. In each of these scenarios, different fees are charged to effect the change involved.

Coming back to your specific question (No. 1) we would say that you would only be entitled to a release if you were locally hired and your original visa of entry to Kuwait was company visa and not project visa.

On the second question, if you opt to resign and go back to your home country, your visa has to be cancelled by your sponsor before you leave the country.

The issue of automatic cancellation of visa will only arise if you leave the country for good without the knowledge of your sponsor.

If you opt for the latter you will face problems if in future you want to come back to Kuwait again on a new visa.

Kindly send your queries to [email protected] or [email protected]

Repeated questions wont be entertained pls refer to our archives

I am a Pakistani woman on a family visa in Kuwait but my husband and his family sent me back to Pakistan. Now, I want to return to Kuwait and work there as they left me with nothing. Is it possible to extend my visa without the involvement of my spouse as we are now separated? My visa will expire on Sept 25, 2017 and after six months from the date of my exit, this visa will be cancelled. I want to return to Kuwait to renew my visa. Can I do it without my husband? My Kuwaiti ID card is also with my husband. Can I return to Kuwait? I am anxiously waiting for your answer.

Name withheld

Answer: Being in Kuwait on a family visa means that your husband is your sponsor and your continuous stay in the country or otherwise is at his pleasure. Granting that your husband has not cancelled your residence permit and you return to Kuwait, you cannot renew the permit without his concern.

In addition, if you want to come back to Kuwait to work, you can only do that if your husband agrees to grant you a release from visa 22 (family) to visa 18 (work). In short, you can initiate any move concerning your Kuwait residence in the blind side of your husband.

Kindly send your queries to [email protected] or [email protected]

Repeated questions wont be entertained pls refer to our archives

I joined a private hospital on 13-7-2016 as staff nurse and successfully completed my probation period on 20-10-2016. I passed the MoH Licence exam on 12-10- 2016. From this date I am performing all the work and responsibilities of a Staff Nurse. My qualification is Diploma in General Nursing and Midwifery. I am receiving a total monthly salary of KD 200 only (Basic 160+accommodation allowance 40). My offered basic salary in employment contract was KD 260 on completion of probation period and passing the MoH examination. This is the basic salary for a diploma nurse as per Kuwait labour law and seems like a clear violation by hospital management). I wrote a letter to them on 5-3-2017 regarding this matter, but until now they are giving me the same salary. Now they are telling me that I am an assistant nurse, but in the employment contract, salary certificate and hospital ID card my position is staff nurse. I completed my medical fitness examination on 4-5-2017. Attached are copies of my employment contract, salary certificate and ID card.

Name withheld

Answer: From all indications the hospital management is acting against the terms of the contract signed between you and them. Try once more to meet the management and put your grievance before them but if they fail to reason with you, we advise that you file a complaint with the Ministry of Social Affairs and Labour through the Labour Department in your area.

Kindly send your queries to [email protected] or [email protected]

I need to understand the process of indemnity calculation, I joined the company on Nov 1, 2011. I had been terminated from the company, due to the restructuring and cutting down the cost of administration. Notice was served to me on July 27, 2017 with 3 months notice, therefore my last working day will be Oct 27, 2017. My salary is KD 960 + KD 90 allowance (transfer to bank KD 1,050). Also additional I have fixed bonus of KD 900 annually I also have a balance annual leave of 29 working days.

Now my employer is asking me to utilize the annual leave of 29 days during the 3 months notice period or the annual leave will be waived off. (Kindly explain) I need to understand the process of indemnity calculation in my case. I am currently serving the notice period of 3 months.

Also my company is asking me to do the job for 8 hours daily, even though I understand that it is required to work only 6 hours daily, and all pending jobs should be completed by me instead of handing over to other replacement staff. (Kindly explain) Can you please guide me, how my end of service will be calculated?

Name withheld

Answer: According to Kuwait Labour Law indemnity must be calculated using the latest remuneration which is made up of the basic salary plus all allowances given at regular intervals. The latest bonus is also included in the remuneration.

This is added to the monthly salary by dividing it by twelve (number of months in a year) Your indemnity will therefore be calculated on a total salary of KD 960 + KD 90 + KD 75 (KD 900 bonus divided by 12) = KD 1,125.

This figure will therefore be used to calculate the indemnity as follows service period: 6 years; Salary: KD 1,125.

For the first 5 years service you get 15 days pay for each year = 75 days. But these 75 days have to be divided by 26 (working days in a month) = 2.88 months salary. For the remaining one year service you get one month salary.

Total = 2.88 + 1 = 3.88 months salary = 3.88 X KD 1,125 = KD 4,365. Since your services have been terminated you are entitled to the whole above amount.

If your employer is asking you to utilize your pending 29 days of leave out of 3-month notice period, he would not be violating the law in so far as the whole 3 months are calculated as part of your service period.

The 8-hour daily work is permitted by the Labour but the six hours you made mention of is at the discretion of the employer. The pending jobs you are supposed to do should be executed within the 8-hour work shift. It it goes beyond that you will be entitled to ask for overtime.

Kindly send your queries to [email protected] or [email protected]

Repeated questions wont be entertained pls refer to our archives

I have one small question with regards to residency transfer. Just wanted to know my first employer was Co WLL and now I got transferred to factory visa (company to factory visa). Would it be possible for me to transfer back to Co WLL from factory visa (factory to company visa).

Name withheld

Answer: Since you transferred from a company visa to a factory visa, you will have no problems when you decide to transfer back to a company visa. The problem only arises when your original entry to Kuwait was on factory visa and you now want to transfer to a company visa.

Kindly send your queries to [email protected] or [email protected]

Repeated questions wont be entertained pls refer to our archives

First of all, I would like to express my sincere appreciation to Arab Times legal clinic wing for providing such a helpfull information.

I am a B.Com graduate (certificated attested) and came to Kuwait on a government project visa to July 2006. I never transferred any company since I came to Kuwait.

This is my first transfer. I have completed 11 years with current Govt. Project Visa and now the project file will expire on 31-Oct-2017(will not renew) and want to transfer to the same sponsor but different private company.

What are my options to transfer on to a private sector visa for same sponsor with different private company?

Example: Current sponsor Govt. Project company Name : AAAAA Partners Name 1. XXXXXXXX, only X is authorized for signature because X name is in Govt. Project Itmad tokiya(Signature Verification Card) Current sponsor Ahili or General file (private) company Name : AAAAA Partners Name 1. XXXXXXXX, Partners Name 2. YYYYYYYY both X & Y can sign because both are authorized for signature and their names are in Itmad tokiya(Signature Verification Card). Now Transferring company Name: BBBBB Partners Name 1. YYYYYYYY So can I transfer to BBBBB Company because same sponsor of YYYYY(current company) and BBBBB(transferring Company)?

Name withheld
Answer: In the scenarios given above, the best option for you is to transfer your work permit to the general file of your current sponsor. This can be done by paying a fee of KD 350. The implication of this mode of transfer is that it can ultimately land you in private sector company if the sponsor desires so. As to whether you can transfer to BBBBB company or not, this can only be sorted out if you undertake the most important part of the process which is transferring to the general file of your current sponsor.

Kindly send your queries to [email protected] or [email protected]

Repeated questions wont be entertained pls refer to our archives

Is the new rule for having a visa for new born baby which requires the father to earn a minimum monthly salary of KD 450 already being implemented?

My husband iznil amal salary is only KD 150, but his actual salary is KD 235. For me my iznil amal salary is KD 200, but my actual salary is KD 250.

Can we process the visa of my son? He was born last June 26, 2017. In case we can’t make a visa what are the consequences. And how much our penalty. I hope you can help us to process his visa even just for one year. Thank you

Name witheld

Answer:  The KD 450 monthly salary rule has been in force for some time now. How much you earn monthly is of no relevance to the issue. What matters is how much your husband earns in a month. From the f igures you gave, your husband falls far below the minimum salary required to sponsor the baby which should have been done within sixty days after the baby’s birth. As things stand now, the baby’s stay in Kuwait is now illegal as the sixty-day time frame has elapsed.

In order not to prolong the illegal stay of the child in Kuwait, we advise that you take immediate steps to send him out of Kuwait or risk paying a heavy penalty for being on the wrong side of the law. The Legal Clinic is only a forum to offer advice but we have nothing to do in processing visas.

I have the designation “Engineer” with KD 600+ base salary and holding a driving license.

Is it possible to apply for a driving license for my wife?

She is under my sponsorship, she already stayed for two years in Kuwait and holds a university degree. We will be also having a baby soon. I was informed by different mandoubs that Traffic Department stopped issuing driving licenses to housewives except if their husbands have a “manager” designation. Thank you in advance for your valuable help.

Name withheld

Answer: We are not aware of the halt in issuing of driving licenses to housewives except if their husbands have ‘manager’ designation.

What we know is that a housewife whose husband already has a driving licence can also apply for one but must show compelling reasons why she should be granted a driving licence.

One such compelling reason must be that woman must have children going to school in Kuwait.

On this score, we are afraid that if you apply for a driving licence for your wife who is only now expecting a baby, the application might not receive a favorable reply.

I am working for a major international company in Kuwait, which is undermining the signed contract and Kuwait labour law bit by bit and fraction by fraction. How can I make a legal proceeding that doesn’t cost me much time and money, so it could be worthwhile for me, please?

Name withled

Answer: We do not know the nature of these infractions but if you are convinced that the company is undermining its contractual obligations to your disadvantage, then we advise that you file a case against it at the Ministry of Social Affairs and Labour through the Labour Department in your area. To be frank with you, it will be naive to determine before hand as to whether a legal proceeding that doesn’t cost much time and money without even knowing the nature of the proceeding. Always be guided by the maxim that the wheels of justice grind slowly but grind exceedingly fine when you want to embark on any legal venture.