Legal Clinic

Thank you so much for your free legal advice in the arabtimesonline. com. It is helping many people understand the legal intricacies in living and working here in Kuwait.

Kindly tell me installing a dashboard camera in my car to record accidents (if it happens) or to refute alleged violations is considered legal here in Kuwait.

Name withheld

Answer: We do not think there will be anything wrong in installing a dashboard camera in your car since by so doing you will not be breaking any law to the best of our knowledge. We must however point to categorically state if such data gathered by the camera can be admitted to a court of law or not. For your information the Arab Times recently carried out a news item saying that concerned authorities are mulling to install a device similar to a blackbox in all vehicles to help determine the cause of accidents. If this intention finally sees the light of the day we think it won’t be necessary for individuals like you to think of installing dashboard cameras in your vehicles.

Kindly send your queries to [email protected] or [email protected]
Repetitive questions will not be answered, kindly go through our archives

I want to check if the employee can avail a paid sick leave during his probation period of 100 days or this should be considered as unpaid leave, based on Kuwait labour law.

Name withheld

Answer: Taking a sick leave does not lie in the hands of the employee as wrongly believed by many workers. It is only a qualified medical doctor who can make that determination and the number of days involved. With this background information, if in the course of your probation and you fall sick, you will be paid for the number of days you are absent if okayed by a doctor. We must however point out that the payments will be made on different rates based on the number of days you are out of duty but sanctioned by the doctor. We must also add that if you are on probation and you are off duty for a long spell of time, we are afraid you will be putting yourself at risk of not being confirmed for the job you have applied for.

Kindly send your queries to [email protected] or [email protected]
Repetitive questions will not be answered, kindly go through our archives

I have been working in a private company for the last 10 years. I am getting a good offer from another company and hence continuing with my current job. I have submitted my resignation. I am almost about to complete my notice period and have submitted all documents. But now they are not willing to give me a release, please advise me how to approach in this case.

Name withheld

Answer: You are entitled to a release after working for the company for ten years. If the company insists on not releasing you, file a complaint with the Ministry of Social Affairs and Labour through the Labour Department in your area. If you take this step, your complaint will be looked into and we believe you will get a favorable result since the law is on your side.

Kindly send your queries to [email protected] or [email protected]
Repetitive questions will not be answered, kindly go through our archives

Thank you for giving such an expert advice on Legal Issues. My issue is I took a Driving License in May 2014 as on Engineer. My salary was 375, it is valid up to May 2024. Now I left the job and the postion I will get is Technician but new salary is 550. Will my License get cancelled. Please help me on this issue.

Name withheld

Answer: We have answered questions similar to this so many times that we now risk sounding repetitive. In spite of this we will still go ahead to answer this one for the mere fact that we value our esteemed readers.

As we have said previously, a change in designation that can lead to withdrawal of driving licence involves a few number of professions.

These include driver, mandoub, housewife and student. Since you do not bilong to any of these professions, rest assured that your change in designation from Engineer to Technician will not lead to cancellation of your driving licence.

Kindly send your queries to [email protected] or [email protected]
Repetitive questions will not be answered, kindly go through our archives

I was born and brought up in Kuwait. I went to India to do my graduation while still keeping my residence in Kuwait valid. After the completion of my graduation (engineering), I returned to Kuwait and took up a job in a factory as an engineer (technician, on work permit). My residence was then transferred from dependent to factory visa. Now, is it transferable from factory visa to normal company visa? (since I was born and had a dependent visa ever since?) Your response would be appreciated.

Name withheld

Answer: Yes, you will be able to transfer your factory visa to a normal company visa (18) since you were not initially brought to Kuwait on a factory visa.

I have completed a year on family visa, can I transfer to work visa now?

Name withheld

Answer: Yes, you can, if you have a job and your sponsor, in this case either your husband or your father is willing to release you.

Send your queries to [email protected] or [email protected]

I am 4 months pregnant, my husband is in India. After delivery is it possible to put the infant residence on my name as dependent. I am drawing salary of KD 450. If yes, need to know the procedure.

Name withheld

Answer: You will have a herculian task to sponsor your baby after delivery as Kuwait law allows only the man to do the sponsorship.

In your case the issue becomes even more complex as your husband is in India. As a matter of fact your problems will start at the time of delivery where you will have to convince the hospital authorities that you are indeed married and that the pregnancy emanated from your husband and not outside wedlock to which the laws of Kuwait frown upon.

To clear this hurdle, you must arm yourself with a marriage certificate attested by the foreign ministry in your country your embassy in Kuwait and the Kuwait Foreign Ministry annex in Shuwaikh. You may also need to prove through entries in your passport that 4 months ago you were in India with your husband or your husband was with you here in Kuwait.

If the hospital authorities are convinced with these documents you will have a safe and unfettered delivery and possibly use the same documents to get a birth certificate for your child. If on the other hand, these documents are not able to remove their doubts, you will fund yourself at the wrong side of the law after the delivery of your baby.

Coming back to the issue of sponsorship, we must add that even though Kuwait law allows only the man to sponsor the children, in some cases and on grounds of compassion, this requirement is waived and a woman can be allowed to sponsor a child.

Having said this, we will advise that if you are able to clear the first hurdle, you can go ahead and submit an application to the Immigration Department and attach the following documents to the application.

1. A copy of the child’s passport.

2. A copy of the child’s birth certificate

3. Marriage certificate as indicated earlier

4. Your work permit showing you are drawing a salary of KD 450

5. Rental contract

6 Copies of your Civil ID

Send your queries to [email protected] or [email protected]

I have read the previous posts. But I have the following questions.

1. I first entered Kuwait on a factory visa of the company. When I enquired with my mandoub he said I’m on the main file of the sponsor. What does this mean?

2. I am not a degree holder but a Technical Diploma holder with an attested Diploma certificate. I have completed 1.6 years in this company. Can I transfer to a private sector visa of a company since I’m on the main file?

Name withheld

Answer: By being on the main file of the sponsor, this means that the original factory visa with which you entered Kuwait has now been transferred to the sponsor’s main file thereby removing the requirement to transfer to another factory visa under a different sponsor. We must point out that even though you are now on the general file of your sponsor, transferring to another company in the private sector can only be done at the pleasure of your current employer.

Send your queries to [email protected] or [email protected]

I have a question pertaining to pay during Ramadan. I am an American working for an American company here in Kuwait. We have been told that we are working under Kuwait Labour Laws with the exception of Ramadan.

From my previous employer we were told that during the month of Ramadan we were to be paid 6 hrs regular pay and 6 hrs of overtime daily. Our new company has stated that they do not have to provide this to us. What is the legal stance on this matter?

Name withheld

Answer: If the new company decides not to pay the six hours overtime, they will not be in breach of any law. But this is only true to the extent that you only work for six hours a day during Ramadan. However if you work for an additional six hours the company is bound to pay you for the extra six hours which can be classified as overtime payment.

Send your queries to [email protected] or [email protected]

Sir/madam, good day to your good office. I resigned from my company last April 1, 2017, and I stated that I will only be working until July 1, 2017 for the company. The management told me that the first day of my resignation will be the time when they approve it. They told me that they are under- staffed so they will approve my resignation letter after 2 or 3 months, so the start of my resignation will be June or July and they will count another 3 months to end my employment with them.

My question is, is it really true sir that in the Labour Law it is stated there that it’s the company’s discretion wether they will release me or not? I will be 10 years in the company in June 2017. I really wanted to resign sir and find a better offer. What I will do sir? Hoping for your reply sir. Thank you and more power to your good office.

Name withheld

Answer: The company’s discretion when it comes to releasing a worker is not open-ended. For example if the company brings you to Kuwait on their visa, you are bound to work for them for three years but they can exercise their discretion to release you before the completion of the 3 years. After serving the full three years with them however they cannot insist on holding on to you if you want a release.

The other case under which a company can exercise its discretion is to allow a locally-hired worker to go before completing the mandatory one year service allowed under the Labour Law. After one year’s service however the worker is free to go and the employer can’t stand in his way.

From the explanations given above, it is clear that your company has no right to determine when it is OK for you to resign especially that you have worked with them for the past ten years. If they are short of staff and want to delay your resignation, this should be a mutual agreement between you and them but under the law they cannot compel you to continue working with them. If your intention is to leave the company as planned and they are being recalcitrant, you can fi le a compliant with the Ministry of Social Affairs and Labour through the Labour Department in your area and the company will be compelled to grant you your wish.

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

I have been terminated orally but not have received a termination letter neither an offi cial warning prior (oral or written) by my sponsor. Can I have the telephone number/ Whatsapp to a legal representative to ask him a few questions.

Name withheld

Answer: We are sorry, but we do not deal with readers in private. You are free to ask your questions and we will be glad to provide the answers in this column. Kindly send your queries to [email protected] or [email protected]