Legal Clinic

  • Engineer being stopped from giving resignation – Local Transfer

    I am currently working as Engineer for a particular company and deployed as contractor for another company. I have resigned from my post and the company I am deployed with is stopping my resignation and has ordered my sponsor company not to release me to the new company I wanted to work with. I am a local hire and they are already my third sponsor. I have worked for two other companies before working with my present sponsor. I have engineering degree as well. I wanted to ask for your advice on what step shall I take in order to obtain release from my present sponsor.

    Name withheld

    Answer: The company you are deployed with has no powers to stop you from resigning. In a like manner, your sponsor company cannot stop you from joining the new company since you were hired locally. Should you face a problem in transferring your residence as a result of collaboration between your sponsor and the company you are deployed with, we advise that you file a case against your sponsor at the Public Authority for Manpower through the Labour Department in your area.

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  • Taking leave/vacation periodically

    I am working for a company in Kuwait. I went on vacation after 1 year 3 months on my expenses and now it’s been almost 2 months I came back but now I have a problem at my home and I need to go so is there any law saying I have to wait for certain time in Kuwait after coming back from vacation please help me. As my employer is not ready to give clear answers from their side.

    Name withheld

    Answer: Under the Kuwait Labor Law and employee is entitled to a 30-day annual leave with pay but this can only be availed after the employee has rendered at least 9 months of continues service under one employer. Inspite of the foregoing, the worker shall be entitled to a leave for a fraction of the year in proportion to the time the worker has spent at work if he/she chooses that option.

    While the worker is by law entitled to go on leave annually, the exact time to avail of this opportunity has to be determined by the worker with the employer’s input taking into consideration the needs of the company.

    Answering your question directly, all that we can say is that even though the law talks about 9 months, the same law also says that you are entitled to leave for a fraction of the year in proportion to the time spent at work. In all cases however, your employer must sanction the leave.

    Our advice to you therefore is that you have to explain the situation you find yourself to your employer and let him come into terms with you to allow you proceed on leave on compassionate grounds and not on the fact that you deserve it.

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  • Clinic asking KD 1,500 for release and transfer of a residence for a Nurse

    I am a nurse in a clinic, hired from Philippines. Just last month (August) I submitted my 3 months notice of resignation. Next month (October) will be my 3rd year of working in my company. So I assumed that I already have the right to get a release from my sponsor. But the HR told me that according to my sponsor, they will only give me release without any problem if I pay KD 1,500 for my transfer and my license. I told the HR that as per Kuwait labor law, it’s my right to get a release since I have served for 3 yrs already by next month. But the told me that there is a special law for those who are working in medical field, government and other fields of work, thus, I am not under the law that states that someone can have release after 3 years of serving with the company, so even if I’ll file a complain to labor office of Kuwait, he said I’m not gonna win. And they have the right to hold my license. So they gave me 2 options, either I’ll go back to the Philippines or pay KD 1,500 for my release and transfer.

    Name withheld

    Answer: Your HR department is not telling you the truth. The 3-year mandatory work for the company that brings a worker from his/her home country to Kuwait is applicable for everybody under the Kuwait labour law without distinction. The KD 1500 demanded from you is without any legal basis and we suggest that if the company insists on you paying the amount in order for them to give you a release you file a case against them at the public authority for manpower through the labour department in your area for a redress.

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  • 20 times the salary bank promised loan

    I am facing an issue which seems to be some scam from one of the banks in Kuwait. However, I am not sure of it thoroughly.

    My wife recently applied for a bank loan from the bank through an agent from same bank. He informed my wife that the bank will provide a loan 20 times her salary.

    My wife is a registered nurse and works in Kuwait Oil Company as supply staff.

    Even after 2 weeks of providing the documents and authorization, the bank didn’t process the bank loan and when I enquired the agent informed me that the loan will only be processed after her salary is credited in the the bank account. Later when the loan amount was not credited even after the salary was credited, my wife enquired from the agent and the agent informed her that the amount will be credited on the same day.

    However, the amount was not credited and later on inquiry, the agent informed her that there was another paper which had to be signed by her and added that this paper willl authorize the bank to transfer the loan amount to any Indian bank account. However, it was never disclosed to the agent or the bank that the loan amount which we have requested is for sending to India. Now, the agent is saying that my wife has to send a percentage of money (he is not sure about the correct percentage) to India through the bank.

    Not only does the bank provide poor conversion rate compared to any local money exchange service like Dollarco or Lulu money, but my wife’s need for the money also is not for sending to any native bank account. When I informed the agent that I will not be sending the amount to India, he informed me that the bank will not provide 20 times the salary if I don’t send the money to India.

    I believe there is a discrepancy somewhere. Either the agent is trying to make money or commission out of the unwanted money transfer procedure through the bank or the bank is looting expatriates of their money by simply giving poor exchange rates and forcing their to use their services in lieu of loans.

    With this concern, I request you to help me know how I should tackle the issue. What will be the correct procedure to avail loan without getting issues like this? Whom should I approach at the bank to get the correct information on the procedure?

    Name withheld

    Answer: This is not a labour issue but strictly a financial one. We therefore advise that you book an appointment with any of the relationship officers of the branch where you opened your account or any other branch and seek clarification on the issues raised above. If you don’t get answers that are satisfactory to you, you can go a step further by speaking to the manager of the branch.

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  • Tinting of car window glasses in Kuwait

    With regards to the current law applicable for the tinting of car window glasses in Kuwait, please clarify the exact law applicable. The information circulating around with the public and tint applicants seems not clear. Some are saying that tinting with 30% darkness is allowed for all glasses except the front windshield. But others say that tinting is not allowable on the front/driver side windows and extreme back windows. Please provide some clarity on this.

    Name withheld

    Answer: Article 46 of the traffic law as amended, allows car owners in Kuwait to tint the windows of their cars, except those at the front and driver’s side but the darkness level should not exceed 30 pct. This is the law as paraphrased and to the best of our knowledge, we are not aware of any other changes made to the law.

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  • Wife visited Kuwait 2 times in a year – After exiting can I apply for visit visa again?

    My wife is now in Kuwait on visit visa and next month her visa will expire and she has already come to Kuwait for the 2nd time in a year and now I want to apply again for a new visit visa after she leave Kuwait. Is that possible or not?

    Name withheld

    Answer: After leaving Kuwait you have to wait for the expiry of six months before you can apply for a new visa for your wife to return to Kuwait.

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  • Change in designation – Will My Driving License Renewed/Cancelled?

    Hello, my license was issued in 2016 and the title is ‘muazzif istakbal’ now i am moving to another company where the title is going to be ‘mushirf baya- sales supervisor’ the salary is KD 650 and I also have an attested degree. Will my license be renewed ? Or will they cancel it.

    Name withheld

    Answer: In as much as you didn’t acquire your driving licence with driver, housewife student and company representative designations, you should have no fears about the renewal of your licence. In the unlikely event of your licence not being renewed or even cancelled, your new monthly salary puts you in position to reapply for a new driving licence, since you meet all the requirements needed.

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  • Out Of Kuwait – Sent Resignation to Company

    I need your advice on my situation with my company. I travelled out of Kuwait on my annual leave and due to some work here I cannot return for few more weeks. I informed my company and they have replied saying we accept your resignation and have claimed for 3 months notice period money and other allowances. What legal rights do I have and how can I avoid conflict with my employer.

    Name withheld

    Answer: Under the Kuwait Labour Law a worker is deemed to have resigned if he/she fails to report for duty for seven consecutive days without prior permission or valid reason.

    Your company seems to have invoked this law and consequently accepted your resignation. They can however not claim three months notice period money unless they ask you to work for three months and you refuse to do so.

    To avoid a conflict with your employer you may have to reach out and present to him cogent reasons for your delay in return to work and ask to be given another chance by being reinstated or at worse being allowed to do the three-month notice period work and possibly use the time to also work for another job.

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  • Submitted Resignation from immediate effect – Company filed absconding case

    I worked in a company from May 2018 to August 2019 but the company transferred my visa in January 2019. Now, I submitted my resignation effective immediately without serving the notice period because of torture and non-payment of salary for one month. I filed a case against the company in Shoon.

    The company said they filed an absconding case against me in Shoon. When I asked the Shoon, they did not tell me whether a case was registered against me or not and then advised me to file a complaint against the company which I did. How can I solve my problem? How can I get release from the company? Whether they give release or not, can I take visa from outside and transfer to this company? Please help me in this case.

    Name withheld

    Answer: Unfortunately, you have put yourself in this mess. You can’t submit a resignation to your company and say it is with immediate effect. You are not clothed with the powers to unilaterally decide not to give the mandatory 3-month notice period when you present a resignation letter.

    Any waiver of the notice period must be mutually agreed or imposed by an authority that has that mandate. If your employers say they have file an absconding case against you, they will be within their right to do so as you have taken the law into your hands by not reporting for duty. As you indicated you have also filed a case against the company, let’s see how the two cases will be judged by the authority concerned.

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  • Bought Visa and Came To Kuwait – Now In A Soup

    I had communicated with an agent who assured to help me get a work visa under article 18 if I paid him a large sum of money.

    The date of my entry into Kuwait was July 5, 2019. One week later, the agent referred me to someone for completing my medical procedures.

    After the medical procedures were completed, the agent said I have to pay KD 150 for the residency and KD 10 for the civil ID.

    He said there was no need for me to meet the Kuwaiti sponsor as he would help me with the whole process. I gave the agent the money and all the documents he requested including my passport and my entry visa.

    From mid-August, the agent has been saying the Kuwaiti sponsor is busy, and that the agent had traveled to his country for holidays.

    When I called him recently, he said the Kuwaiti has traveled and will return only after one month. If my visa expires, I will be staying illegal in this country. I do not want to face any problems in this country and I want to stay here legally. Since completing my medical procedures, I have been staying indoors and cannot go outside because my official documents are not with me.

    I do not know my Kuwaiti sponsor and I do not have his number. I only know the agent who said he will help me get the work visa but he is always telling different stories.

    I would like to know what I should do in order to stay legally in Kuwait. When will my visa expire? My entry to Kuwait was July 5, 2019.

    Name withheld

    Answer: Unfortunately you have joined the club of illegal residents in Kuwait since you failed to make sure that all processes regarding your residence permit were completed within the two-month window provided. Indeed according to the rules these processes should have been completed on or before September 5 as you entered the country on July 5.

    Your case is a classic example of the menace of visa trading bedevelling Kuwait and you have allowed yourself, may be unwittingly to become an accessory to the commitment of crime.

    For your information, paying monies, as you have alluded to, for the purpose of getting a visa is a crime punishable like any other crime.

    To cut the story short, we advise you to come out of hiding, make the necessary arrangements to leave the country as your entry visa has expired and for each day that you stay in Kuwait after September 5, you will pay a penalty.

    This means that the penalty you will pay will be manageable as you haven’t over be stayed for too many days. If you leave Kuwait on your own now, it is better than to be arrested in future and be deported and thus make it impossible for you to return to Kuwait another day.

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