Monday , December 18 2017

Release

I came to Kuwait in March 2013 on a family visit visa and then in the month of April I got a job in a travel company and the company promised to transfer my visa to an Article 18 residence (work permit). So I had to work for this company for 3 months since my visit visa was valid for 3 months and after that I went back to India and my company sent me a commercial visit visa and I came back to Kuwait.

Every 3 months, once my commercial visit visa would expire, the company would extend the visa without transferring it to Article 18.

Finally I got fed up and told them that I cannot continue like this and then in the month of March 2014 they transferred my visa to an Article 18 C residence and by then I had completed one year with the company. And now in the month of April 2015 I have resigned from my company after completing 2 years and I am serving my notice period. And the company have not yet acknowledged my resignation as the company was transferred to a new owner on April 17 whereas I resigned on April 2 before the transfer of the company to new owner. And my resignation had been signed and acknowledged by the old owner.

It’s been 2 months since I have resigned and the new owner has not yet acknowledged my resignation. Please advise if I am eligible for a release and the number of years I have to work for the current company to get a release and what are the steps I must take. As I have a family to look after, I am concerned and tense. Please advise the number of years an employee must complete with the company under Article 18 C to be eligible for a release.

Name withheld
Answer: First of all, we need Mohave a look at Article 50 of the Kuwait Labor Law enacted on Feb20, 2010 which states as follows:“In the event where the establishment is sold, merged with another establishment or transferred by inheritance, donation brother legal action, the work contract shall be valid under the same conditions and the obligations and rights of the original employer towards the workers shall be transferred to the employer who has taken his place”. So, it is very clear that your notice of resignation, which was approved by your previous employer, stands and has to be accepted by your new employer.He, however, doesn’t need to acknowledge it again as it has already been accepted.All your rights remain the same.Having said the same, please remember that your service when you were on a visit visa or commercial visa doesn’t count because it only starts when you we reissued a work permit. It was illegal for you to work in Kuwait while you were any kind of visit visa.So, you will be treated as having been hired from abroad and will have to work for at least three years before you can apply for a release.You can’t get a release after only one year’s service.

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