I was working as teacher now going to change the profession to accountant. I have a driving licence. Will it get cancelled or not. I got the driving licence when I was working as a teacher.
Name withheld
Answer: No, your driving licence will not be cancelled because under the current traffic regulations, it is only driver, mandoub, housewife and student who will lose their licences when they change their profession.
Kindly send your queries to [email protected] and [email protected]
Thank you for all the great legal advices and guidance you are providing for the expats in Kuwait. I received my heavy-duty driving license in 2006 and which expire in 2017. My job title was driver. Now I have changed my job and joined United Nations (Article 17) as security officer. Now as my license is expired and cannot be renewed as it needs company approval and lot of other formalities.
My question is, Is it possible to cancel my heavy license and get light license. My salary is KD 920 and my job title is security officer and I have university degree.
Name withheld
Answer: We do not think you will face any problems in cancelling your heavy-duty licence and applying for a light-duty licence as you meet all the conditions to apply for a licence. Indeed with your change in profession from ‘driver’ to ‘security officer’ you would have automatically lost the use of your old licence. You can therefore go ahead to apply for a new driving licence but have at the back of your mind that the Traffic Department will be the sole, determinant as to whether your application is approved or not.
Kindly send your queries to [email protected] and [email protected]
Assalamualaikum sir, I am working in a reputed company. I resigned my position and I want to leave after 50 days and I am ready to pay the remaining 40 days notice period. But my manager is not approving it. Is it possible to leave after paying 40 days due. Or have I to complete 3 months. Please help me so I can proceed.
Name withheld
Answer: Varying the three month notice period does not have to be in the hands of the employee who has tendered in his resignation. It is only the employer who can decide to waive his rights on this issue. You can therefore not force the employer to accept monetary payment in lieu of all or part of the notice period as requested by the Labour Law.
Kindly send your queries to [email protected] and [email protected]
I am working with a company since March 2009 and I gave my resignation in May 2017. I have 35 days annual leave. My question is can I forego this annual leave and work for another 2 more months to complete the 3 months notice period. Or can the company insist that I must work the whole 3 months notice period?
Name withheld
Answer: The idea of giving three months notice period is to give the employer ample time to get a replacement for a worker who is quitting the company or establishment. The employer can, however, decide to waive all or part of this notice period as mandated by the Labour Law. On the other hand if the employer insists that the worker must satisfy the mandatory period to the full, the latter has no choice but to obey. To answer your question specifically, we advise that you bring up the issue of leveraging your annual leave with the three-month notice period with your employer who has the prerogative to either agree to it or not.
Kindly send your queries to [email protected] and [email protected]
Recently I visited the Private Department of the Ministry of Education to enquire about the fee structure in Indian schools. I was shocked to see that for the past 5 years the school that my kids go to are charging us a fee almost 40% higher than what was approved to them by the ministry.
Fee approved for LKG to UKG is KD 320 and the amount the school was charging was KD 450.
The ministry claims that the school has already violated the fee regulation and asked me to file a complaint.
I have already done the needful but it seems no action has been taken as yet as it is almost 2 months since the complaint was filed.
Please advise what should be the next step if we do not get any response.
Name withheld
Answer: The wheel of justice they say, grinds slowly so we advise that you give the ministry ample time to delve into the case and then take the necessary action. You should, however, from time to time, follow up the issue to be abreast of the progress made.
If the follow-ups after some time do not yield any positive results, you can seek the services of a lawyer to file a case against the school in a court for exceeding the approved fees.
You may also attach the Private Education Department of the Ministry of Education to the case to explain their inability to compel the school to charge only the approved fees.
Kindly send your queries to [email protected] and [email protected]
Can you please clarify on the issues below? Company hired me from India for the post of accountant and I have a university degree. I have completed one year and two months on company residency.
Question A: If I got new job will I get release from the company?
B: What legal action can the company take against me if I got new job and I resign?
Name withheld
Answer: Under the Kuwait Labour Law, if a company hires you from your home country, you are legally bound to work for that company for three years irrespective of whether you are a university graduate or not.
You can, therefore, not resign from the company or get a release before the end of the 3-year mandatory service. A case of breach of contract and absconding from duty can be filed against you if you abandon work before the end of three years.
Kindly send your queries to [email protected] and [email protected]
I am a graduate in Accounting. I have been working in a co-operative society (supermarket) as a cashier since 20-6-2013 under this co-operative society visa. Recently I got a job opportunity in another company in the Accounting section.
So, I offered my resignation to my manager to relieve me from my duties and help me in the transfer process of the visa to the new company. He said that co-operative society visa can’t be transferred to the private sector.
I am trying to find a solution to get the transfer to the new company. I have tried all possible ways, but cannot find a way to get the transfer. So, I request you please advise on this issue. How can I transfer my visa to another company?
Name withheld
Answer: If you have tried all possible ways to get your visa transferred but without success, this could mean that what your manager told you about co-operative society visas not transferable to the private sector may be correct. If our assumption is right, the only option left for you is to cancel your residence with your current sponsors, go back to your country and come back with a new visa granting that the new company will be willing to get you the new visa.
Kindly send your queries to [email protected]
Is it possible to transfer my visa (salesman) to another company as I got a good opportunity. I have been working for 3 months in my current company. Also I have professional degree certificate (BTech) and my current sponsor has no objection on visa transfer.
Name withheld
Answer: Since you are a university degree holder, you can transfer your visa to another company at any point in time without even the agreement of your sponsor. However if at the time of joining the company you signed a contract tying you to a specific time frame, then you have to see through the contract.
Hello sir, good morning. Can you please tell me majra (farm) visa is transferable after 3 years or not?
Name withheld Answer: Yes, it is but only within the same farm visa category.
Kindly send your queries to [email protected] or [email protected]
I am new in Kuwait and will be completing one year by next month, I have degree certificate all attested as per procedure and residency stamp as computer profession (I am an IT profession) salary in Eznamal also given KD 600. Can I apply for driving license next month? Or is there any restriction or any other approval required to apply driving license?
Name withheld
Answer: No, you cannot apply for a driving licence now since you have not been a resident in Kuwait for at least two years which is one of the conditions you must meet to qualify for a driving licence.
Kindly send your queries to [email protected] or [email protected]
I have a friend of mine who went for good and was not able to sell his SUV (car) as he did not have mush time to do it because he was hospitalized before his flight. The registration will expire in February 2018. He left the car with me.
What are my options in this case? Or How will I be able to sell the car if the ownership was not transferred to me and the car is still under his name? Please note that he will not be able to make some authorization papers as well, as he is still confined in the hospital in his home country due to his serious sickness.
Name withheld
Answer: We are sorry but there are no other options for you with regard to the car. The only option for you in this case is to get the authorization paper from your friend indicating the mode of disposal of the car.
In this case you can only pray and hope that he recovers fast enough to send the authorization papers to you before the expiry of the registration date.
Kindly send your queries to [email protected] or [email protected]
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