My 3-month notice period ended on May 31, 2016. From June 4 to July 16, I traveled to my country to accompany my daughter on vacations. I was back in Kuwait on July 17.
Before I left, I was paid the remaining accrued leave (which was 32 days ) by the company. My immediate manager was aware that I would be out of the country for the period, hence the visa transfer could be made possible only when I got back.
The secretary who replaced me in the company started to work on May 1 and I trained her for 1 month, until my last day. Her visa expires on Aug 16. Her former company tells her that they will cancel her visa if she has not transferred until end of July.
The problem with my former company is that they do not have any more available visa slots (the maximum number of visas that can be availed by the company has been reached). Hence, my former manager wanted my visa be cancelled on July 31 to be able to give visa to the new secretary on time. He said that they will report me as “Absent” to the Ministry of Social Affairs and Labor within this week. Why absent. I have already resigned. He even suggested I transfer my visa to my husband. Unfortunately my husband is also on vacation in our country and he will be back on August 8 together with our daughter.
My manager wants him to travel back to Kuwait as soon as possible to have my visa transferred to him. I am due to finalize and more positively sign a contract offer soon with another company. I feel harassed by my manager, though I know that they have the right to cancel my visa after 2-3 months from notice (I am not sure).
He said that I am not cooperating and they don’t have a choice but to cancel my visa. How could he say that I am not cooperating. For my part, I have done my best to hunt for a job ever since I arrived back in Kuwait which is one week ago only. I also said that being unemployed right now does not make me comfortable either, as I have no money for expenses.
And I also badly need my indemnity which they still have. It will be risky for me to be hired if I have an Article 22 visa, let alone if any company will ever hire me. Is this correct? I need to know my rights in this case … as well as my former company’s rights. I am pressured by my manager, but with all honesty I have done the best I could to be employed. And now I have positive hopes to be employed soon. Please enlighten me as I feel pressured now.
Answer: What you have done is wrong… and as far as the law is concerned the company is right. You have already been given enough time by your company to transfer your residence. It has already been two months since the end of your notice … and you are complaining.
While we sympathize with your predicament, we feel that the position that you have landed in is of your own making.
Looking for another job is not the headache of your company nor can any company offer you unlimited time to transfer your residence … we are sure that the company must have been offended because you gave priority to spending your vacations rather than tackling the issue at hand. And you are right, with the amount of restrictions in place it is very unlikely that you will get a job while you are on your husband’s sponsorship (Article 22 residence).
The other company has also waited a long time to transfer the residence of the person who replaced you in this company (although it can’t take any action during the probation period).
Having said all the above — although the company can’t report you as absent, it can still immediately cancel your residence — we feel the only alternative you have is to ask the company (politely) to give you some more time to transfer your residence. This is the only way out of your current situation.