Legal Clinic

  • Old visa not cancelled from the system – New visa cannot be issued

    This is with regards to the above attached complaint no. 2982 registered at Indian Embassy office Kuwait on 24th September, 2019.

    I was recruited from India by a Kuwaiti for a job of sales executive on a salary of KD 450 per month. I arrived in Kuwait on 7th June, 2019 and got my medical and finger-print done in Kuwait and all the documents were collected by the mandoob of the Kuwaiti. Thereafter the Kuwaiti did not give me a promised job and also could not stamp my residence since his Company License (Ruksa) had expired. After several follow-ups he asked for KD 350 to complete my residence stamping. He kept calling several times for more money and since I did not have a job, I had to arrange money from friends and family to pay him. I managed to arrange KD 200 and gave it to him on 6th August, 2019 (Tuesday) in Salmiya and he promised to proceed with stamping.

    Since 9th August, 2019 was Eid holiday, he promised to complete the process after 2 days. I called on the 8th August, 2019 (Thursday) to know the status. His statement was “ It’s Eid week, everything is closed, next week we will do it” but he never completed the stamping process and I just kept calling / following up in vain.

    With no response, I filed a complaint at the Indian Embassy office on the 24th Sept and some two gentlemen helped me in getting my original passport and visa from his office. They were really helpful and cooperative. The Kuwaiti committed to pay the penalty when the Embassy called him.

    Since I had come to the Embassy office to collect my original passport and visa the Kuwaiti spoke to my family member and said that “Friend I don’t have money to pay the penalty” I will pay you by the 30th of October. “There was no response from him after that. My friend paid the penalty KD 176 online. This has not been paid back as promised by the Kuwaiti.

    Since I am the only bread winner of my family, I kept trying for other companies and got selected but since he was not completing the stamping of residence, the new company requested me to exit and come back on a new visa (I agreed and left Kuwait on the 4th of November).

    Now the new company is requesting me to join but the problem is that the old visa must be first cancelled in the Shoun system in order for the new company to issue new visa.

    I am requesting you to please help me by cancelling the old visa in the system so that new visa can be issued and I can join the new company and take care of my children’s future. The Embassy official has also been following up for cancelling the visa in the system as the Kuwaiti informed him that he has cancelled in the system and requested him not to call him back on the issue. But he still has not cancelled the visa in the system and not returned my money to me.

    Name withheld

    Answer: Unfortunately, there is nothing we can do about your plight as we are not clothed with the powers to do what you are asking us to do. Indeed your Embassy is in a better position to take up your case, look for your former sponsor and compell him to do the needful by working to make sure that your old visa is removed from the system.

    Your new sponsors can also play a part by speaking to the Kuwaiti and impressing on him to work to remove the visa from the system.

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

  • Resigning after 1 yr of service

    Can I resign my job here in Kuwait after I finish 1 year of service?

    Name withheld

    Answer: Yes you can, if you were hired locally and you don’t possess a university degree. If you however, possess a degree you can put in your resignation at any point of time. On the other hand, if you were brought to Kuwait from your home country by your current sponsor, then that law mandates you to work three years for him/her before you can resign or ask for a release.

  • Local hire resigning after 1 yr of service

    I am a local hire. Finished one year with this company. I would like to resign but I am not sure I signed one year or 2 years contract. Since I am local hire can I resign regardless of years or not?

    Name withheld

    Answer: If you signed an open contract with the company, then you can resign after one year granting that you are not a university graduate. If on the other hand you signed a two year contract, then you have to see through the contract duration regardless of the fact you were hired locally or that you are even a university graduate who can quit at any point in time under an open contract.

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

  • Service time/benefit

    I came to Kuwait on a visa from this company and have been working with them since Aug 3rd 1999. My ‘end of service benefit’ for the first 6 years was paid. Then a new open contract was signed with the same company on the 1st of August 2005. Now I have decided to resign from this company. I am going to submit my resignation letter on 22nd Dec 2019.

    My questions are:

    1. Will my service time be counted from the day I submit my resignation letter, or will I be counted until the last day of the notice period (after 3 months)?

    2. Will I get my full ‘end of service benefit’, or two-third? (That is, how many years will my service be calculated -14/15 years, or 9/10 years? That means, will be calculated from 1st Aug 2005? or from 20 Feb 2010 – when the new Labour Law was effective).

    Name withheld
    Answer: Your service time will be counted upto the last day of the notice period and not when you submitted your resignation. You will get full end of service benefits covering 14/15 years and this will be in accordance with the new labor law which calls for fall end of service benefits after putting in ten years or more service.

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

  • Driving license for expats working in oil field

    I have a valid driving license in my home country. Is it possible to get driving licence here in Kuwait based on home country licence. Currently I am working in oil field (KOC) as Instrument Technician and I have university degree and here residing more than two years, but my salary is only KD 540/- in work permit. Can I get exemption in this case? Please help me know is there any possibility in any of the cases to get Kuwait driving licence.

    Name withheld
    Answer: To get a licence based on your home country licence depends on your country of origin and this you can check from the Traffic Department if your country is one of the lucky ones. You may, however, not go that route because you are entitled for exemption from meeting the salary requirement as you are working in an oil field with the designation of Instrument Technician.

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

  • Transfer of Family visa to work visa

    I just want to ask regarding on how to transfer my family visa to working visa. I came here last October 2019 and already had inteviews in different companies here in Kuwait but they refuse to hire me because they told me that I need to stay here at least one year before I can work. I read some article that Visa 22 can be transferred to Visa 18 when you have a university degree and you don’t have to wait one year. Can you advise me what should I do regarding this matter or better kindly provide me a circular that Visa 22 can be transferred to Visa 18 so they would allow me to work in their company. I hope to hear from you soon.

    Name withheld

    Answer: We think that the companies are telling you in a polite way that they dont need your services because the rules that guide visa transfer states in black and white that when you are a university graduate and on Visa 22, you can transfer to Visa 18 at any point in time granting that you get a job. The one-year waiting period is meant for those who are not university graduates. As for providing you with a circular that states that Visa 22 can be transferred to Visa 18, we are sorry to say that we are not equipped with the authority to do that. The Directorate General of Residency Affairs of the Ministry of Interior will be the best place for you to ask for such a circular.

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

  • Can company transfer visa of employee to another company without the knowledge of employee?

    Can my company transfer my visa to another company without my knowing or without my permision in Kuwait?

    Name withheld

    Answer: No, the company has no right to transfer your visa without your knowledge; indeed the company would be guility of impersonation if they did that because they would have either forged your signature or made someone to sign the transfer papers on your behalf. If therefore such a transfer has been made without your knowledge we advise that you file a case at the Public Authority for Manpower against the two companies for engaging in an illegality.

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

  • Driving license cancelled due to change is designation

    I took my driving licence on August 2019 with my designation as “Mandoub Mubaiyath” (sales representative) with KD 650 as salary in work permit. Now I have changed my iqama to new company with designation to “Muraqab Amaal” (foreman) with salary as KD 650. I completed 3 years in Kuwait. I have degree and master’s degree certificates attested. Will my driving licence get cancelled due to designation change?

    Name withheld

    Answer: Under the traffic law, a change in designation involving a driver, student, house-wife or company representative (mandoub) will lead to the cancellation of one’s driving licence.

    One other case in which a driving license can be cancelled is when one gets an exemption from meeting the conditions precedent by virtue of one’s profession and later change to a designation that doesn’t qualify for such exemptions.

    With the above explanation, it is our contention that you meet all the requirements to possess a driving licence in addition to the fact that your designation is not one of the above listed ones that call for licence cancellation with a change of designation.

    We are therefore of the opinions that your driving licence will not be cancelled with a change in your designation. However, in the unlikely event your license is cancelled, we are of the firm belief that you can apply again for a new licence to be issued to you because you meet all the requirement to possess a driving licence.

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

  • Bought visa and came to Kuwait – Now want to transfer to another company

    I recently moved to Kuwait on Article 18 visa and trying for a job outside. But almost all the companies are asking for transferable residence and I heard that it is not possible to get transferred to another employer till I complete atleast one year under current sponsor. Anyhow I am not working under him and willing to transfer my visa. Is it possible to get transfer before one year. I am a bachelor’s degree holder from recognised university of India. Your response is highly appriciated.

    Name withheld

    Answer: Who ever gave you the visa, ie., the sponsor is mandated by the Labor Law to provide you with a job and you are expected to work three years for him before you can ask him to release you to join another company. The sponsor, if he so desires, can release you before the expiry of the mandated three years but you should at least work one year for the sponsor before any visa transfer can be effected.

    From the tone of your writeup we are of the opinion that you bought your visa to come to Kuwait and now looking for a job with your ‘bought’ visa. Be reminded that under the laws of Kuwait it is an offence to engage in visa trading and you will be exposing yourself by going round looking for a job which your sponsor is the one legally bound to offer you. A word to the wise is enough.

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

  • Annual Air Ticket provision in Labor law

    I am a consistent reader of Arab Times and I would like to know what Kuwait’s Labour Law says for those people hired directly from their country about their annual ticket? Is a company bound to give airline ticket annually or what? Please advise.

    Name withheld

    Answer: There no provision in the Labour Law that talks about workers hired from their home countries being provided with annual tickets to travel back to their countries on holidays. However, if the work contract has the provision of annual tickets, then the company is legally bound to provide such tickets.

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

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