Legal Clinic

  • Suspended with salary cut for arguing with HRD for my rights

    I would like to thank you in advance for reading my letter.

    I joined my new company on July 20, 2016, and up until now they have not discussed with us the company rules and regulations, but we were assured that the company follows the private sector Kuwait Labor Law.

    But last week I have learned from my co-worker that the company has a policy of only giving the annual leave payment only after the employee returns from vacation. So when I got the chance to talk to my manager I asked her regarding that policy.

    She said that the company has the right to not give the money before the employee takes the annual leave and we will receive the money after we return from our vacation. I told that according to Kuwait Labor Law Article 71, the worker has to be paid for his annual leave before taking such a leave. But my manager refused to listen to me. An argument happen between us, and I must confess that my voice was really high because I was really emotionally upset at that time because I felt my manager was depriving me of my rights.

    Because as I said to my manager that we rely on our annual leave payment to have some quality time with our family back home. And she keeps giving me an unreasonable excuses. I said that no company rules can go against any provision of the Kuwait Labor Law, as I have read here in the Arab Times. But my manager refused to listen or acknowledge the Kuwait Labor Law. Because of that, after 2 days they told me I had been suspended for 3 days without pay for behaving badly and acting unprofessionally toward superior.

    My question is what kind of protection does an employee have in such incidents, because I feel like I was suspended because I tried to get my rights. Can I question the penalties that my company imposed on me?

    Name withheld

    Answer: While we sympathize with your predicament, the suspension and subsequent cut in pay was the result of your own temper. As far as the law on payment of leave salary is concerned, you were right because Article 71 clearly states that the leave salary must be given to the employee before he proceeds on leave … but the way you handled the situation was incorrect.

    You should not have lost your temper and shouted at your superior, regardless of the provocation because now you have put yourself in a weak position. You should filed a written complaint with your seniors and if no action was taken you could have gone to the Labor Office in your area and lodged a complaint.

    Now, there is nothing you can do to question the penalties because these have been imposed on you because of your own misbehavior. The fine could have been more severe.

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

  • Dirty Garden in Salmiya

    I am an avid reader of the Arab Times newspaper and follow articles on the Legal Clinic as well. I thank you for the crisp and proper responses to variety of problems.

    I have one query as below: There is a public garden in Salmiya, Block 10. This garden is used by many for leisure activities, however many people or families have picnics in the garden and leave the trash behind. Such a beautiful garden gets reduced to a garbage ground. How much more can the cleaner and garden caretakers clean the place. People are insensitive and careless. To which department of the Municipality can one complain about such a mess.

    Can there be a drive to penalize such people who leave trash behind blatantly. Also can the Municipality place bigger dustbins for people to dispose off the trash.

    Name withheld

    Answer: The best way is to file a complaint or offer suggestions on the Kuwait Municipality website www.baladia.gov.kw The site is in Arabic but it can be translated automatically on a click into English.

    Go to “Municipal Services” and lodge your complaint and also offer your suggestions. There are also some contact numbers on the site in case you wish to call and directly file a complaint with one of the officials. If you plan to do this, please ensure there is someone with you can speak Arabic well.

     

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

  • Sponsoring Parents on family residence

    I am residing in Kuwait with my father. My father has also been working here for the past 22 years. He is 71 years old and my mother passed away 3 years ago. He is on an Article 18 residence but his iqama will expire next month, as the sponsor is not willing to renew his residence.

    I can’t keep him alone in India at this age. I want to know if I can transfer my father’s residence to my sponsorship. I have a KD 500 salary and my own flat. So please guide me.

    Name withheld

    Answer: Unfortunately for you, expatriates are currently not allowed to sponsor their parents. This decision was taken just over two years ago and so far it has not been changed.

     

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

  • Insurance claim for the accident

    First of all I would like to thank you for whatever guidance you can on how to claim insurance for a road accident while travelling in a public transport bus.

    My wife was riding on a bus from Maliya to Fahaheel on the 102X route when, at the Fahaheel stop light, somebody threw a big stone which struck her on her head. Suddenly she was unconscious and collapsed. When she “woke up” she was already in hospital. She was vomiting blood and all her face was covered with blood. She was Xrayed and also had a CT scan after which they found that her skull had been fractured. After 4 days she was discharged from Adan Hospital. But until now she feels very dizzy and sometimes vomits. She had 10 stitches on the head.

    My question is can she claim any insurance for the accident she suffered. Is there any insurance claim? Can you detail any procedure on how to claim the insurance? And what important documents do I need to prepare? And where do I need to go?

    Name withheld

    Answer: No, you can’t claim any insurance in such an accident, although we sympathize with you on the condition of your wife. You can only claim insurance if you are involved in a public transport accident which was the result of a fault of the bus driver. In such an event you can sue the bus company to compensate you for the loss you suffered.

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

  • Combined salaries no more accepted to sponsor children for new residence

    I just want to ask about visas for babies born here in Kuwait. Both my wife and I have work permits (visa Article 18). Her salary is KD 500 and mine KD 250. Will we have problems in getting a visa for our newborn baby?

    Name withheld

    Answer: According to the latest decision it doesn’t matter what your wife is earning because you can no longer combine the salaries of husband and wife. And only the father can sponsor his children.

    In such a case, you will face problems in getting the residence for your daughter because you are earning less than the KD 450 required to get residence for your dependents.

    You still have a chance because the Director General of Immigration has the authority to study and if needed approve applications of those expatriates who are earning less than KD450, especially if both the parents are already in Kuwait or if the baby is born in Kuwait. Things are in your favor because both you and your wife are working in Kuwait.

     

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

  • Oil & Gas company doesn’t pay salaries on time – 6 months salary in balance

    I am working in a reputed company in the Oil & Gas sector but for some time now the company is not paying our salaries on time (6 months salary in balance) and employees are resigning.

    My question is that I have resigned as I have got a good offer but I don’t want to serve the notice period. The company is not agreeing to release me without serving the notice period.

    Can I approach the labor department and inform them about the company condition and the reason for not serving the notice period? Is it possible to get the release without serving the notice period in such cases?

    Name withheld

    Answer: The company will not give you the release without completion of the notice period and it has the right to do so although it is on the wrong side of the law if you see the wider picture.

    If you have not received your salaries for six months, then you should file a complaint with the Ministry of Social Affairs & Labor, which will not only get you your salaries but also sanction your transfer.

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

  • Resigned after 3 years – Indemnity & transfer issue

    I resigned from my previous company after working for 3 years and 2 months to be exact. I resigned in June this year.

    I just want to know if it’s possible to get any indemnity?. Now I am having a issue regarding my visa because they told me I have been fined or I have been blocked by my previous company. Until now my visa has still not transferred to my new company but it is their fault because 3 months ago I submitted all the needed documents from my side.

    I also gave them the release letter from my new company to sign but they gave it back after 2 months. And then after that I gave the letter to my new company but the company informed me that I have to get another transfer paper signed from my previous company because it’s a new format from the concerned ministry.

    Name withheld

    Answer: First of all, you are entitled to half the indemnity because you worked for over three years but less than five years. It doesn’t matter even it is exactly three years, although you have worked two months over this mark.

    On the issue of transfer of residence, you have got to check with the Ministry of Social Affairs & Labor. Secondly, if you have not submitted the updated transfer letter that must be the reason for the delay. You must hurry things up because you will be fined KD 2 per day from the day your residence expired

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

  • License cancelled due to change in designation – Have to wait for 2 yrs to reapply

    Initially I got my divining license in 21/9/2014 with the job title of driver but then I got a job in different company which changed my job title to sales manager with a salary of KD 1,000 on 22/12/2014.

    When I went to renew my license on 21/9/2015 they informed me that I can’t renew it because of the job title change and that I have to wait for 2 years.

    Later I joined another company and my job title was changed to driver again 22/12/2015 but I had not applied for the license based on this driver title.

    Again while renewing the residence the company changed my job title to teacher with a salary of KD 450 but still I am not able to apply for a new license and the Traffic Department is not giving the exact reason.

    I want to know from which date is the 2 years calculated.

    Name withheld

    Answer: The two years are calculated from the date when the first license is cancelled. Here we can’t tell you the exact date because you have not told us on which date your license was cancelled.

    Secondly, you will not be able to apply for another license because you now don’t meet the salary condition of earning at least KD 600 per month.

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

  • Documents for dependent visa

    I read your legal clinic everyday and thank you for all queries answered. I am one of the thousands wondering and seeking for help.

    Here is my question: My husband has been working in Kuwait almost 13 years until now. Me and my 10-year-old daughter were on his sponsorship 5 years ago when we decided to go back to the Philippines.

    We plan to return to Kuwait on dependent visas again. My husband’s salary is KD 660/month as per his work permit.

    The question is do we need to undergo again some kind of medical procedure (ie X-ray, finger printing, etc) even we had previous file and what are the documents and steps required. Thank you and more blessing.

    Name withheld

    Answer: Since you and your daughter will be coming in on new dependent visas you will have to do everything afresh.

    The following documents will be needed to process your residence permit:

    1. Passport copies of husband, wife and daughter

    2. Civil ID of your husband

    3. An affidavit attested by your embassy and Kuwait Ministry of Foreign Affairs confirming the relation between the daughter, the applicant and the persons for whom the visas were required.

    4. Husband’s rental contract

    5. Husband’s work permit showing a salary of at least KD 450 Attach all the above documents to an application and submit the same to the Immigration Department in your area which will be processed on the same day.

    In addition you have to undergo new medical tests and fingerprinting.

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

  • Stubborn Boss of the company refuses to accept resignation and local transfer

    My friend has resigned but his boss has not accepted his resignation and local transfer. He is working for more than 9 years with that company and is an email conversation considered as a proof of submission of a person’s resignation submission … how can he get a release?

    Name withheld

    Answer: Your friend’s boss has no legal basis not to accept his resignation especially if he submitted an official resignation letter in which he gave the three-month mandatory notice period and served it. If your friend’s boss continues being stubborn, he could file a case against the company with the Ministry of Social Affairs and Labour through the labour office in your area. As regards the email conversation it could be part of the statement that you will be required to make at the labour office. This could strengthen your case against the company.

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

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