Legal Clinic

  • Acquiring driving license but salary on work permit is lesser then actual salary I get

    I have done Bachelors in Computer Science and this degree has been approved and attested by Kuwait’s Ministry of Justice. My job designation is computer programmer. My problem is that my salary written on Izzne Amaal (work permit) is only KD 200 although my actual salary is around KD 600. Am I eligible for a driving license?

    Name withheld
    Answer: No, you can get the driving license because you do not meet the requirements which are as follows:

    1. Must have been in Kuwait for at least two years at the time of application

    2. Must be a university graduate

    3. Must be earning at least KD 600.

    This salary must be mentioned on the work permit otherwise it will not be considered, regardless of how much you are actually getting.

    While you have not mentioned how long you have been in Kuwait, we can see you clearly don’t meet the salary condition …so no license.

  • Indemnity calculation after 3 months notice

    I have been working in my company since 15.05.1995 but due to a drop in business the management has decided to close the division. And termination letters dated 25-07- 2016 have been issued to the staff. My question is that, how will I calculate my service indemnity: my basic salary is KD 824 which is also mentioned on the work permit, plus KD 20 as cellphone allowance.

    Can you please inform me on the correct calculation of the service indemnity. Also kindly let me know if I am required to keep working in the office until the end of the notice period. If I continue working until the end of the notice period, the company may blame me for any misuse of company documents.

    Name withheld
    Answer: First of all, you have to keep working until the end of the notice period unless the company itself decides to relieve you of your duties before the completion of the notice period. It does not depend on you, regardless of what you feel could happen. This period will still, however, be counted in your service. So your total service will be 19 years 5 months.

    Secondly, the calculation of the indemnity is based on remuneration, i.e. the basic salary plus all the allowances you receive at regular intervals. So, for the calculation of the indemnity, your salary will be KD 844.

    And lastly as your service is over 10 years you will get the full indemnity which will be calculated as follows: Service: 19 years 5 months Salary: KD 844 For each of the first 5 years you get 15 days pay per year = 75 days pay but these 75 days have to be first divided by 26 (working days in a month) = 2.88 months salary For the remaining years of service you are entitled to one month’s salary for each year = 14.42 months pay

    Total indemnity = 17.3 months pay = 17.3 x KD 844 = KD 14,601.200

    As your services have been terminated, plus the fact that you have put in over 10 years, you are entitled to the full above amount.

  • Item confiscated on Airport during departure, how to get it back

    Ten days ago, I traveled to my hometown and I was carrying a water pump in my hand luggage. I carried the same in my hand luggage because it was expensive. The security check before the Kuwait Immigration checked the motor and allowed me to go but on the final security check before the boarding flight from Kuwait International Airport, the security men did not allow me to take the pump aboard the plane and took it from me. Now I am in Kuwait, Kindly advice!! Is there any possibility to claim and recover my motor and who do I have to meet.

    Name withheld
    Answer: You should have asked the security officer, who confiscated the pump, about how to reclaim the pump on your return to Kuwait because normally all the confiscated material is dumped after some time.

    Moreover, the security officers who confiscate any material don’t keep a record of the same. The only thing you can do is visit the Security Office at Kuwait Airport and inquire about the same.

    Although the chances of getting back the pump are very low, you might be lucky if the pump is still in the store where this material might have been dumped – if someone is willing to listen to your request in the first place.

  • Supervisor a nuisance

    I am writing on behalf of many co-workers who seek your advice. Thank you for your guidance in advance.

    We are working for a reputed Korean management company, whose administration supervisor is harassing us to impress his boss plus for self satisfaction.

    Even we don’t have permission to meet the HR manager. Some of his “deeds” are as follows: The salary mentioned in the work permit is KD 410. He is calculating the hourly rate (KD 1.5) by dividing the salary by 26 days and 10.5 hours. He is not paying us the 1.25 times salary for a normal day’s overtime after 11 hours.

    One of us was promised pay for 8 hours plus 2 hours daily overtime (we have email proof), but he is not getting paid for the 2 hours.

    We are working 10 hours + 1 hour lunch break daily. During Ramadan we have to work for 8 hours to get our basic pay. He refuses to issue a salary slip, deduction details and many of us are paid less for overtime or for annual leave. During the annual leave, the food allowance is deducted and payment made only for accommodation, with the leave — counting weekends and public holidays — only 30 days.

    The work permits and contract agreements (even not signed) are not issued to many of us for the first year.

    After completing one year, he renews many contracts without the company’s common increment policy or our consent. If we travel during the public holidays, he deducts the salary for that day. We need to give him our Civil ID to get our passport for any embassy-related work. He refuses to get the signature of our sponsor for driving license, renewal, salary certificate for personal loans etc.

    During the annual vacation, if flight fares are high he will ask us to take the ticket but pay only for a part of it or change the departure date. Many of us were hired from outside Kuwait but he refuses to give us a transfer paper even when we have completed 2 years.

    He sends people back to their home country after cancelling their visas. While applying for new visas, we face some problems because he does not cancel the work permits. He is totally not cooperative and basically a sadist.

    We complained to our managers many times but no action was taken. It is very hard to find another job nowadays so many of us are continuing in this job. If we question him, he says it’s company policy. We feel like in such companies, the company policy is of more value than the Kuwait Labor Law.

    Name withheld
    Answer: First of all, whatever your supervisor is doing is totally wrong and against the labor laws of Kuwait. He can’t get away by saying that all the wrong actions he is taking is company policy. Because if this really the case, the company is violating the Kuwait Labor Law and could face legal action if the case is reported to the Ministry of Social Affairs and Labor. Secondly, your supervisor or your company can’t make you work over 8 hours a day without paying you overtime for the extra hours that you put in, regardless of how they interpret the law … they are wrong.

    The senior management of the Korean company should understand that they are in serious violation of Kuwait labor laws which could result in vary serious action against the company, including very hefty fines … and if the company doesn’t end violations of Kuwaiti laws its contract could also be cancelled. Both the workers and the company need to understand that the employees can be made to work a maximum of 8 hours daily (except for Ramadan) with a one hour break after 5 hours. For Ramadan, the maximum working hours are 6 only.

    On the issue of public holidays, the workers can do whatever they want to on these days (unless the firm requires the employees to be on duty for which it has to pay an extra double of the daily salary as overtime). They can even travel out of the country and the firm has no right to deduct the workers’ salaries.

    The supervisor is also not allowed to retain any of your personal documents (Civil ID and passport). The Ministry of Social Affairs and Labor is very strict on this issue but unfortunately a lot of even well-known firms are committing this violation and getting away with it. The calculation of the overtime is also wrong and so is both the annual leave.

    This leave is for 30 working days and the payment should be done dividing 30 by 26 and multiplying the result with the salary.

    The violations committed by your company are unending and we suggest that you somehow bring the above matter to the notice of the Ministry of Social Affairs and Labor. The best way would be to quietly inform your embassy of the issue and let the embassy, without revealing names of the complainants, take up the case with the ministry. Such violations, if brought to the notice of the government, will not go unpunished.

  • Indemnity calculation for 3 yrs and 1 month of service (Resigned)

    I resigned on June 18, 2016 (with a 3-month notice). By the end of my notice period I will have completed 37 months service. So I would like to know what will be my indemnity. My salary is KD 440.

    Name withheld

    Answer: We see that you will have completed over three years but less than five years service by the end of the notice period …this means that you will be entitled to 50 per cent of the indemnity as you are resigning.

    The calculation of your indemnity will be as follows:

    Service: 3 years 1 month Salary : KD 440

    So, you are entitled to 15 days pay for each year of service = 46.25 days

    ( you must take into account the one month also and every extra month gives you 1.25 days)

    But these 46.25 days must first be divided by 26 (working days in a month) = 1.78 months pay = 1.78 x KD 440 = KD 783.200

    But as you have resigned with just over three years service you will get only half of this amount = KD 391.600

  • Dependent visa for Parents

    I am from India and working in a reputed organization here in Kuwait from June 2015 and earning well. But last year, after I reached Kuwait and completed my residency process, a new law pertaining to parents visas was enforced and this law stopped the issuance of dependent visas for parents.

    My parents are completely dependent on me and since I had resigned and moved to Kuwait I couldn’t reject my offer and return to India.

    Is there any possibility of getting my parents on dependent visas to Kuwait. Alhamdulillah they are very healthy and have no previous bad medical records. If they can get dependent visa through an exemption, what is the process? If they don’t get dependent visas, since a visit visa is just for a month is there a possibility to get one for 3 months? How frequently can they get visit visas?

    Name withheld
    Answer: Currently you can’t get dependent visas for your parents but you can wait for a while as new laws (according to information reaching the press) are in the pipeline to allow dependent visas, albeit at a higher cost i.e. higher residence and health charges.

    But we can’t say when these laws will finally be enacted. On the issue of visit visas, currently these are for three months for the immediate family — wife and children — and only for one month for other members of the family.

    There is also an age restriction on the elders of the family — they must not have been born before 1950 (the relevant authorities are so far not applying this rule strictly… and some applications are “slipping through”). As the situation stands, these visit visas can’t be extended.

    Moreover, according to the law you can apply for a second visa only after a period of six months but the Immigration Department are not very strict on the issue and sometimes except applications much before the expiry of this period.

  • You cannot transfer residence if company files are closed

    I have been working as an engineer in a very big and reputed company in Kuwait since January 2004 on a government project visa after being recruited from abroad (India).

    Our company is passing through tremendous financial problems for the last few years. Due to this financial problems, I, (I mean almost all the permanent employees of this company) did not get salaries for the months of January, February, May & June 2016. My work permit and residency/ Civil ID also expired on 04-05-2016 and still my company has not been able to get a new work permit for a new residency.

    Now, my company has put a temporary residency for 3 months i.e. valid up to end of this month. I also came to know from our administration department that all files have been closed by the Ministry of Social Affairs & Labor of Kuwait (Shaun Office).

    In this situation, if I get a job with a new sponsor for a private or government project, is it possible for me to get a transfer from my present company to the new sponsor during this my temporary residency period?

    Kindly, give me the proper legal advice and also provide me details of the needful procedures so that I can follow the same.

    Name withheld
    Answer: Please remember that you can’t transfer to any firm as long as the files of the company remain closed because the Ministry of Social Affairs and Labor refuses to accept any transaction related to the company until the “objections”, due to which the files were closed, are removed.

    The only way out of this problem is to take the company to court and after hearing the case it is possible that the court may order the Ministry of Social Affairs and Labor to allow the transfer of residence.

    Please remember, however, that even if the court were to issue this order you would be allowed to transfer only to another government project because you are on a government project visa. You can’t transfer to a private firm.

  • Can I marry in Kuwait for second time to a non-Muslim?

    I would like to seek your valuable opinion on the procedure of a second marriage in Kuwait. I’m an Indian Muslim, staying in Kuwait for the last 13 years and already married once in India. I was staying with my wife here until 2013 before serious medical reasons (related to my wife) made me permanently shift my first wife to India so that she could remain under her parents’ care.

    My question is: can I marry in Kuwait for second time? What is the procedure of marrying in Kuwait to a non-Muslim Indian lady as she is willing to embrace Islam to become my second wife.

    Name withheld
    Answer: There are two ways to get married in Kuwait: in Kuwait courts / Justice Palace or at your embassy. But before we detail the procedure for the marriage, please be informed that according to Sharia (Islamic law) and Kuwait laws you can easily marry a second time without having to get permission from anyone.

    In fact you can keep four wives at the same time as long as you treat them equally. There is also no problem with marriage with a woman “of the book” … Christian or Jewish … but if she wishes to convert, the same can be done easily at the Justice Palace.

    Also according to Sharia and Kuwait laws you don’t need permission for the second marriage from your first wife but according to our information such a permission is required in some countries, including India and Pakistan.

    So, please confirm the same with your embassy first because if the requirement is essential your country’s embassy’s won’t perform the marriage or even register the marriage unless this permission is produced. Following are the procedures for marriage (both at the Justice Palace and embassy and subsequent registration at the embassy).

    Marriage at Justice Palace
    If you are an expatriate and planning to get married in Kuwait you must first place an advertisement in a local newspaper declaring your intention of getting married and after a few days, armed with a copy of a newspaper in which this advertisement has appeared, apply for a Certificate of No Impediment (CNI) from your embassy.

    The CNI is aimed at confirming that you have not contracted an earlier marriage and if so your previous marriage has been legally terminated. If you are a Muslim and going in for a second marriage, you must obtain permission from your first wife if your country’s laws require you to do so.

    Please remember that Kuwait laws and Sharia do not require you to get this permission but unless you do so, your marriage will not be accepted in your own country nor be registered by your embassy in Kuwait. After you have acquired the CNIs, you must get these documents ( in Arabic) attested by the Kuwait Ministry of Foreign Affairs located in Shuwaikh, opposite the Kuwait Sports Club.

    You can then contact the Ministry of Justice, Tel : 22465600 or go there personally, to get a date for your marriage because all such Muslim marriages are held at the Palace of Justice, Fahad Al Salem Street, Kuwait City.

    To get a time and date you will require the following documents:

    1. Original and photocopies of civil IDs of the bridegroom, bride and two witnesses.

    2. Original and photocopies of passport of the bridegroom, bride and the two witnesses.

    3. And finally the CNIs (in Arabic), acquired from your embassies and attested by the Kuwait Foreign Ministry. After this you should not have any problems in getting married.

    Please, however, remember that embassies take at least a few weeks in giving the CNIs. Some take much longer, so check with your embassy and apply quickly.

    Marriage in embassy
    As you are an Indian, here is the procedure for Indian nationals wishing to marry in Kuwait under the Foreign Marriage Act, 1969.

    This procedure has been detailed by your embassy on its website.

    1. One of the two individuals intending to marry
    a. Should be an Indian national.
    b. Should be resident of Kuwait.

    2. Both of them are required to submit a “Notice of Intended Marriage” on a prescribed Form, in person, to the Marriage Officer,

    3. They are required to bring the following documents with them when they approach the Marriage Officer for submission of “Notice of Intended Marriage”:
    a) Original passport
    b) Copies of the passport and Civil Identity Card
    c) 4 Photographs (each party) and
    d) In case, one of the individual is a national of another country, a no objection certificate from his/her embassy is required

    4. Consular fees of KD 15.300 to be paid at the counter at the time of submission of the Notice of Intended Marriage

    5. To collect a copy of a “notice” from the embassy for publication in a local newspapers and an Indian newspaper (published from their place of permanent residence)

    6. To publish the notice in the same format in the newspapers in Kuwait, in India, (the place of their permanent residence) and in the third country in case one of the parties is a national of another country (in his / her country of permanent residence, as the case may be

    7. To submit one copy of the clipping from the newspapers in which the notice was published, to the embassy

    8. To approach the Marriage Officer, to fix the date and time for the ceremony of the marriage

    9. The marriage can be solemnized after 30 days from the date of last publication of the notice in the newspapers

    10. On the day of the ceremony of marriage, both the individuals are required to present with their passport and three Indians, as witnesses to their marriage, with a copy their passports and civil identity cards

    11. The couple is required to submit a prescribed affidavit declaring themselves as free to marry and a declaration accepting each other as their spouse

    12. They are required to pay the consular fee of KD 13.000

    13. The Marriage Officer, after satisfying himself that all the documents are in order, will issue a marriage certificate.

    Registration of marriage
    In case you get married at the Justice Palace, you will still have to register the marriage at the Indian Embassy (so that it is legally accepted in your country) and this is what you have to do: Both the individuals are required to submit an application addressed to the Marriage Officer, Embassy of India, Kuwait, requesting for registration of their marriage, along with a copy of their passport, ceremony of marriage and civil identity card, and 4 photographs (each). The application should include the facts that

    1. A ceremony of marriage has been performed between the parties and they are living together as husband and wife ever since

    2. Neither party has at the time of registration more than one living spouse; neither party is idiot or a lunatic at the time of registration

    3. The parties have completed the age of twenty one years at the time of registration;

    4. The parties are not within the degrees of prohibited relationship

    5. The parties are residing within the jurisdiction of the Marriage Officer (i.e. Kuwait) They must then approach the marriage officer, to fix the date and time for the registration of the marriage

    The marriage can be registered after 30 days from the date of last publication of the notice in the newspapers. On the day of registration of marriage, both the parties are required to be present with their passports and three Indian nationals, as witnesses to the registration of their marriage, with a copy of their passport and civil identity card.

    They are required to pay the requisite consular fee. While we have detailed everything that you are required to do but we still recommend that you also check with your embassy to see whether there are any additional requirements.

  • Sponsor does not want to renew visa

    My wife still holds an Article 18 visa which expired this July 16. However, due to disagreements between the business owner and sponsor, the sponsor does not want to renew my wife’s visa or even just to extend it because according to him, the owner of the company needs to pay him first the required sponsorship fee before he can help my wife with her visa. As an additional information, their business license is valid until 2018.

    What are the options left for my wife? Can the Ministry of Social Affairs and Labor or the Public Authority for Manpower help my wife obtain a visa extension just to give her extra time to consider her other options to stay in Kuwait?

    On the other hand, what is the process of cancelling her expired visa (just in case) if she decides to go back to Philippines?

    Name withheld
    Answer: The easy solution to this problem is for either company to get an Article 14 (temporary residence) visa which can be extended up to 3 months. This residence can be obtained after payment of a KD 2 per day fine for the duration she has been on an expired residence.

    On the other hand, if your wife has been in the country for over three years after being hired from abroad or over one year if she did a local transfer to this company, she can resign and ask for a release. If the company is not paying her for the work and has left her in a limbo she can approach the Ministry of Social Affairs and Labor, through the Labor Office in the area to get a release and transfer to another firm.

    In such a case even if the company is unwilling to release her or get her residence, the Labor Office can get her temporary residence for the duration of the case. For the cancellation of the residence, she has to accompany the company representative to the Ministry of Social Affairs and Labor where she has to state that she has received all her dues (if that is the case) and the visa will be cancelled.

    She will then be given some time to leave the country. In case the company is not willing to cancel the residence, she can file a case with the Labor Office which will call the company and question it over the issue. It can then order for the cancellation of the residence or even sanction a transfer if you have found a new sponsor.

  • Obtaining Birth certificate

    I just want to know if it is possible to get a child’s birth certificate in Kuwait, if the parents are both Filipinos working in the country. I am waiting for your reply as I have no one else to ask.

    Name withheld

    Answer: Yes, you should have no problems in getting the birth certificate … if you married because even at the time of the delivery you will be asked to produce a birth certificate.

    Now, if the child was born out of wedlock couple would face legal action which would result in imprisonment for both the father and the mother followed by deportation on the completion of their sentences.

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