Legal Clinic

I am reading your Legal Clinic daily, I really appreciate your advice. Please can you advice me on this matter, this is the 3rd time I am sending you email. I have a query, I entered Kuwait on project visa in construction company and worked for 3 year and 9 months. Then I got a good offer from another construction company so I moved from my previous company to my present company on same project visa. Now after 18 months I got a good offer from telecommunication company. I have 2 questions. Kindly guide me

1. It is possible project visa can be transfer to main file or not.

2. If it possible where I have to submit my application to get approval. Thank you

Name withheld

Answer: Going by current and other decisions issued on the subject, you can only transfer to another project visa of the same sponsor or another project with a different sponsor with completion of the first project. You can also transfer to the general file of your current sponsor.

From the above scenarios given you will realise that you cannot transfer your current project visa to that of the telecommunication company. The only leeway you can take advantage of is to transfer your work permit to the main file of your current sponsor upon the payment of KD 350 fee charged for that purpose.

This would mean that you could ultimately land in a private sector company if your current sponsor has no objection. Until this is done, we are afraid you cannot take up the offer of the telecommunication company.

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

My father has been working with a firm in Kuwait for more than 30 years, now he is planning to retire and leave Kuwait, but recently he heard a news that his company is only giving half of the indemnity at the time of resigning and the other half they will pay later.

All these years, he was counting on this money for a retirement life, this news is worrying him a lot. Is it legally valid to give half of indemnity while resigning and other half later? If that person is leaving Kuwait for good, how can he make sure that company is keeping its promise? Can he ask the company not to cancel his visa until they pay him full money? Please advise us.

Name withheld

Answer: Under the Kuwait law all your end of service entitlements must be paid to you before your final exit from Kuwait. This you must attest to, by signing a paper at the Immigration Department, that says that you have indeed received all your settlements from your employers.

Your employers will therefore be breaking the law if they elect to give you half of your indemnity now and settle the other half later. Indeed, a number of companies in Kuwait are guilty of not respecting the law on indemnity payment.

Your father therefore has two choices either to agree and take the partial payment now and leave Kuwait with a power of attorney left with you to collect the other half when it is due. On the other hand, your father can take on the company by filing a complaint with the Ministry of Social Affairs and Labour through the Labour Department in his area which will help him claim his full benefits. It must be noted that while this case is being adjudicated your father’s company will be obliged not to cancel his residence.

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

I heard an employee cannot transfer his/her residency to a new employer before one year work in the same job, if the employer terminates the contract with employee within probation period (100 days of joining) or employee wants to switch the job because of some dispute with the employer.

In that case what is the status of work permit or residency transfer? Can the employee easily transfer work permit or residency from first employee to new second employee without having completed 1 year period? Your prompt response would be highly appreciated.

Name withheld

Answer: As long as your services are terminated, you are entitled to transfer to another company regardless of whether you get a release or not or whether you have completed one year of service. On the other hand you will not be entitled to a release if you resign before completion of one year with the new employer.

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

I am a regular reader of Arab Times, specially the Legal Clinic and I truly appreciate for the service. In past you have answered my query and I am truly thankful for that. One of my friends worked in a WLL company for five years. Company terminated him. His salary was 1,000 and he has yearly Air ticket (with wife and 2 children) and he received year bonus. My question, does his annual leave (95 Balance Days) and EOSB calculation includes his salary plus yearly air ticket plus bonus?

Name withheld

Answer: Indemnity, according to the Kuwait Labour Law, must be calculated by using the interest remineration which includes the basic salary plus all the allowances given at regular intervals. The latest bonus and air tickets are also included i the remineration.

To do this you must first divide the total amount by bonus by 12 (number of months in a year) and adding it to your monthly salary.

The same must be done to the total amount of tickets. So all these in addition to the balance of annual leave will be added to your friends salary to arrive at the remuneration. We are however unable to calculate your indemnity because you failed to tell us the amount of the latest bonus

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

I was working with a company as purchasing manager for the last 10 years. Please note that I joined this company locally. On Jan 5th, 2017, I resigned, citing lack of interest by the sponsor to develop the business and considering my personal prospects as well.

However, to my surprise, my sponsor has lodged an absconding case with the labor department. Hence, I too filed a case at my area labor department demanding a release and compensation. As per the agreed contract, I am entitled to get a 40% of overall income apart from my monthly remunerations which has been duly fulfilled by my late sponsor who passed away 2 years ago.

Now his wife has taken the management of the company and I have been denied my entitlements for the year 2015 and 2016 as well amounting to about KD 45,000.

Recently we were called by the labor department for investigation and my sponsor and her lawyer attended the event.

During the interrogation, she refused to grant a release to me saying that I am responsible for whatever business taken place during my tenure amounting to half a million KD.

However, the accounts are very clear and there is confirmation from all the clients confirming the outstanding balance and their willingness to settle the amounts under agreed terms and conditions.

Now I have a new sponsor who is ready to sponsor me on immediate basis and appreciate it if you could further guide me to handle this matter through proper channels.

Name withheld

Answer: From your narration, we gather that your sponsor is adamant on giving you a release even though you have worked under her and her late husband for the past ten years. We are however not apprised of what the Labour Department told your sponsor with regard to her refusal to give you a release. From this, we can only hazard a guess that the Labour Department is yet to give its verdict.

On this score we advise that you wait for the verdict which if it doesn’t go your way, you can file a case in court to seek redress. In this scenario, you may need the services of a lawyer to help argue your case. We wish you the best of luck.

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

My salary below KD 450. My wife in Kuwait on dependent visa. Can I take my child to Kuwait on dependent visa? Kindly reply me.

Name withheld

Answer: If your wife is already with you in Kuwait on dependent visa, you will have no problem in getting a visa for child. Note that the KD 450 salary cap does not have retroactive effect but only applies to new applicants who want to sponsor their families on dependent visas.

I am living in Kuwait with my family. I am the sponsor for family. I am getting KD 400 (Work Permit) and my 3-month baby came with visit visa. I want to transfer to family visa is it possible to transfer visit visa to family visa?

Name withheld

Answer: Since your family is already here in Kuwait under your sponsorship, you will have no difficulty in converting your baby’s visa to a family visa. We must however clarify that under current Kuwait laws, visit visas cannot be converted to dependent visas except for infants (two years and under).

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

I am working in Papa Johns restaurant as a supervisor for 9 years and my salary is KD 210. My question is it possible that I can transfer my wife from working visa to a family visa?

Name withheld

Answer: Unfortunately you will not be able to transfer your wife’s working visa to a family visa because your salary of KD 210 which is below the KD 450 cap does not qualify you to do so. Your 9-year stay in Kuwait is not of relevance as far as this issue is concerned

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

I got selected in Kuwait my salary more then KD 1,500. My husband living in Saudi Arabia and have 6 months old daughter they will travel with me on arrival visa (GCC rule). My query can tourist visa of my daughter be converted into dependent visa.

Name withheld

Answer: Under the Kuwait Labour Law, it is only the husband who can sponsor members of his family as dependents. Even though your salary is way above the KD 450 salary cap you won’t be able to convert your daughter’s tourist visa into a dependent visa because the law doesn’t permit so.

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

Thanks for the reply to this question. Kindly refer the attached photo of visa, the entry validity dates written in Arabic as 26-01- 2017 and the other date as 25-02- 2017 (just above the signature at bottom), for visit visa as per attached paper. And as I wrote earlier, my company has renewed my residency only for 3 months till May 18, 2017.

Please advise regarding the dates on visa, if my family can enter the same or do I have to apply for new visit visa. Thanks for your kind support always.

Name withheld

Answer: As per the dates quoted by you, your family were supposed to be in Kuwait on or before 20-02- 2017.

Since they could not make it on or before the quoted date, that meant the validity of the visit visas had expired and hence they cannot enter Kuwait with expired visas.

If you still desire your family to visit Kuwait you have to apply afresh for new visit visas but this can only be done after you get a regular residence permit stamped in your passport with temporary visa 14, we are afraid your application for visit visas will not be accepted.

Kindly send your queries to arabtimesonline.com or [email protected]

I have an inquiry regarding indemnity calculation. I’m working with my company since Jan 3, 2011 and I have decided to resign in June 2017. My salary now is KD 366.000 and I will have almost 20 days annual leave as of June 30, 2017. I have decided to stay till the last date of my notice period June 30, 2017. Kindly advise as to how much indemnity I will receive. Awaiting your reply and thanks in advance.

Name withheld

Answer: By June 30, 2017, you should have put in about 6.5 years of service.

Your indemnity calculation will therefore be as follows: 15 days salary for each of the first 5 years of service = 75 days but this has to be divided by 26 (working days in a month) = 2.88 months salary.

For the next 1 year 6 months one month salary for each year of service = 1.5 months. Total = 2.88 + 1.5= 4.38 months salary.

You multiply 4.38 by KD 366 (your monthly salary) = KD 1,603.08. But you are resigning with over 5 years but less than 10 years of service, you are entitled to two-thirds of this total = KD 1,068.72.

For the leave balance of 20 days you divide this by 26 = 0.769 month pay = 0.769 x 366 = KD 281.454.

So your total settlement will be KD 1,068.720 + KD 281.454 = KD 1,350.174.

Good day … I am a regular reader of your legal column … this time I need your help for the correct calculation of my indemnity … I joined my company on 1st August 2002 and was given 3 months notice which expired on March 15, 2017. My contract is unspecified … job is petroleum inspector in KNPC refineries my latest salary is 800 KD food allowance 40 KD and receive annual bonus of 750 KD my nature of work is in the oil industry on contract with Kuwait Petroleum Corporation and our company is involved in oil, gas and chemicals work I am qualified in the oil sector. Pls help me to calculate my indemnity base in the Kuwait Labor law many thanks in advance and more power to your column.

Name withheld

Answer: According to the Labour Law your indemnity will be calculated taking into consideration the latest renumeration which means the basic salary in addition to all allowances you receive on a regular basis. In your case your indemnity should be calculated on KD 840 (basic salary of KD 800 + KD 40 food allowances as follow): 15 days pay for each of the first 5 years =75 days pay but these 75 days have to be first divided by 26 (working days in a month) = 2.88 months pay. One month pay for every year after the first 5 years =9.5 months pay. Total = 2.88+9.5 =12.38 months salary = 12.38 x KD 840 = KD 10, 399.2. You will therefore get the whole of the above amount regardless of whether you resigned or your services were terminated.

Kindly send your queries to arabtimesonline.com or [email protected]