KUWAIT CITY, May 28: In a situation whereby dispute arises between an employer and his employee, Public Authority for Manpower (PAM) cautions the employee against initiating the transfer of residency; otherwise, the process will be rendered null and void (unless the employer completes the procedures of transfer within one month), reports Al-Anba daily.
A circular issued by PAM indicates employees that initiate transfer of residency will be regarded as neglecting their job, and approval obtained for residency transfer will be rendered null and void.
The circular also states that Labor Relations Department will not accept any complaint filed by an employer or his legal representative in case the transfer is already approved or after signing of the transfer document.
Concerning contracts that are not limited by a specific period, PAM three months notification period after receiving notice of the ‘end of contract’ if he/she receives monthly salary.
Other types of employees should also abide by the contract for one month or pay for the period, according to items (a) and (b) of Article 44 of Labor Law No. 6/2016 of private sector, it added.
Meanwhile, the employee should be able to prove to the Labor Relations Department in case the employer refuses to accept the financial substitute in compensation for the notification period, indicating the transfer will be approved then, and it’s up to the employer to seek judicial redress.
Regarding work permit transfer disputes, the employee is conditioned by PAM to attend investigation sessions in person and or accompanied by a lawyer