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Employee on leave, did not return to work – But comes to Kuwait and goes back

One of our employees left our company taking 5 days emergency leave and went to India but he didn’t come back for 4 months. We did not cancel his visa assuming it will automatically be void after 6 months but he came back to Kuwait in 1st week of January without informing us but rather met his family members, stayed two days and went back. Because of his entry to Kuwait, his visa is still active. We are therefore seeking your best advise/option for us to cancel his visa to make it available for another recruitment to replace this employee without waiting for 6 more months?

Name withheld

Answer: Under the labour law, a worker who absents himself/herself for seven consecutive working days without prior permission or valid excuse will be deemed to have vacated his/her position. Armed with a copy of the leave application and a print-out of the workers movement in and out of the country, make a formal complaint to the Public Authority for Manpower about the worker’s vacation of his position and your intention to hire another worker to replace him. We believe that you have a strong case and the authorities will not stand in your way in your bid to cancel the truant workers residency someone to replace him.

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