For many expatriates arriving in Kuwait for the first time, unfamiliarity with local labor laws can lead to serious legal trouble. Misguided by poor advice or driven by the hope of earning higher wages, some expats abandon their original sponsors to work illegally for others, often unknowingly committing what is legally considered "absconding." On the other hand, not all absconding cases stem from actual wrongdoing by the worker. Sometimes, certain company owners or expatriate managers misuse their authority and file false absconding reports to intimidate or retaliate against employees. Even more concerning is the growing problem of visa trading, where brokers sell work permits to unsuspecting expats and later file absconding cases in bad faith to free up visa quotas for further illegal sale. Whether due to misinformation or exploitation, absconding cases can have severe consequences. This article offers a detailed legal breakdown of when a case can be filed and how workers can defend themselves and seek justice under Kuwait’s labor laws.

A. Private Sector Employees (Article 18 Residency Holders)

Legal Basis: Under Kuwaiti labor law, employers can file an absconding report if a worker fails to report to duty for seven (7) consecutive days without valid cause or prior approval.

1. Timeframe for Reporting:
- The employer must submit an official absence (absconding) report to the Ministry of Interior (MOI) within fifteen (15) days from the first day of the worker’s unnotified absence.
- This absence is legally interpreted as “implied resignation” and provides sufficient grounds for initiating absconding procedures.

2. Posting Notice:
- As stipulated in Article 49 of the Kuwait Labor Law, the employer is mandated to display a copy of the absconding notice in a prominent location at the worksite until the matter is resolved
- This step ensures that due process is maintained, and the employee is informed of the action taken

B. Domestic Workers (Article 20 Residency Holders)

2. Contesting or Removing an Absconding Case

A. Private Sector Employees

- Initial Filing and Contestation Window:

Absconding complaints are filed with PAM (Public Authority for Manpower) and remain administratively active for up to ninety (90) days before transfer to the Ministry of Interior.

Legal Remedies Within 90 Days:

1.tVoluntary Withdrawal by Employer:

2. Employee Response Options:

Day 1–30: The employee may file a formal objection at the Labor Relations Department, asserting that the absence was either justified or misreported. If accepted, the case is dropped, and full employment rights are preserved.

Day 31–60: The employee may still file a complaint. If successful, they may recover their passport, halt residency cancellation, and prevent deportation.

3. Evidence Requirements:

4. PAM Committee Review:
The PAM review committee will assess the legitimacy of the claim. If the employer refuses to remove the case, it typically remains unless:

After 90 Days:

- Cancellation of residency
- Deportation orders
- Blacklist status preventing re-entry into Kuwait

Committee Authority for Removal (Joint Review):

Employer Role and Online Resolution:

B. Domestic Workers

Removal Procedure:
1. Report & Filing by Employer:
The sponsor files an absence report with the MOI via citizen service centers.

2. Dispute Resolution Pathway:
If the case is disputed, it must be referred to the Department of Regulating the Recruitment of Domestic Workers at PAM.

3. Reimbursement by the Recruitment Office:
For absconding within six months, the recruitment office remains liable for associated costs.

4. Judicial Escalation:
If employment exceeds six months or sponsorship lapses, legal disputes are handled by the judiciary.

5. Absconding Removal:
The case can be removed:
- With the employer’s consent
- Via a court judgment
- If the worker qualifies under special exemptions

Kuwait's labor law provides structured processes for both employers and employees regarding absenteeism/absconding matters. While employers have defined rights to file such reports, employees and domestic workers are afforded due process and avenues for legal recourse. Prompt action, documentation, and legal representation are critical to protecting one’s rights under Kuwait’s labor and residency framework.

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