Legal Clinic

  • Changes in passport details

    I am an Indian having residence permit in Kuwait. Currently, I am on my vacation in India and would like to make the following changes in my passport from here since the unintentional differences in various documents makes difficult to deal with government offices here in India.

    Correction in name
    Correction in DOB
    Correction in present address
    Correction in father’s family name

    Could you please advise what happens to my residence permit in Kuwait, will I be able to re-enter without any hassle and what should I do once entered to make correction in Kuwait accordingly with my residency, driving licence, etc.

    Name withheld

    Answer: In as much as you produce both the old and new passports we don’t believe you will face any problems. You should however swear and affidavit endorsed by the Indian Foreign Ministry and the Kuwaiti Embassy saying that you made the changes to the details in your passport and reasons for those changes.

    Kindly go through our archives and refrain from sending us repeated questions
    Kindly send your queries to [email protected] or [email protected]

  • Female Nurse made to work in night – Transport not provided

    I have a question regarding employees right on termination. Firstly I was hired from a foreign country, and been in the company for four years now, which entitles me from my right to be released by the company because as far as I know I need to be at least three years in the company to be released.

    Now the scenario is, they’re trying to scare me of termination from a ground I didn’t do firsthand, (my only involvement is to prove if its true that this employee said this etc.).

    Now they have given me an unjust (for me) sanction like 2-10:30 duty (8.5 hours, no transport to and from Salmiya to Mangaf, and I’m female as well), I have read from the Kuwait Labor Law as well that female are not allowed to go duty after 10 pm onwards, and should be given a transport for safety.

    Now my question is:

    1. From the scenario given, did they violate any labor law that I can use somehow.
    2. If they’ll terminate me, can I be locally released and be given my licence (nurse) to transfer and work at different company? Because they’re telling that they will send me back to my country.

    Name withheld

    Answer: Yes, it is true that females are not allowed to work past 10 pm. However there is an exception to this rule when it comes to certain professions like nursing that provide very essential services.

    What this means is that, the 10 pm rule is not applicable to ladies in such professions that provide such essential services. For the safety of ladies who find themselves working after 10 pm the law mandates their employers to provide them with transport to and from work.

    Your employers are therefore breaking the law by not providing you with transport back home after you close at 10.30 pm. In additions, under the Kuwait Labour Law the maximum number of hours you are expected to work for in a day is eight and any extra time put in should be considered overtime and paid for. In this perspective, your employers will be breaking the law if they don’t pay you for the extra 30 minutes you put on daily.

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  • Leaving Kuwait and coming on new visa – Applying for driving license

    I was hired two years ago on project visa. Now I have got a new job and will be leaving Kuwait to return in Shoon Visa, same category (18). In the first year of project visa, I had a driving licence under Engineer category but later lost the licence due to change to supervisor. Now after two years of completion of my project visa, I will leave and return on a new Shoon Visa. Will I be able to apply for new licence with the requirement of minimum salary (KD 600) and 2 years in Kuwait? Will the civil ID number change?

    Name withheld

    Answer: Yes, you will be able to apply for a new driving licence but on condition that you meet the minimum requirements of KD 600 salary per month, being a university graduate and should have spent not less than two years as a resident of Kuwait from the date of your first entry into the country. As regard your civil ID, the number will remain the same regardless of the number of times you leave Kuwait and return.

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    Kindly send your queries to [email protected] or [email protected]

  • Rounding up indemnity figure

    I have been working with a company for 4 years and 4 months I wonder if this time of the service gets round up for when I get my indemnity, when or how does this get calculated.

    Name withheld

    Answer: Unfortunately there is no rounding up of figures here, your indemnity will be calculated on 4 years, 7 months which will see you get 15 days salary for each of the four years and 5 days salary for the remaining four months

    Kindly go through our archives and refrain from sending us repeated questions
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  • Procedures after cancellation of Kuwait residence permit

    What is the procedure to be followed after cancellation of Kuwait residence permit? Please let me know

    Name withheld

    Answer: After cancelling your residence permit you are given one month temporary visa to enable you wind up your activities and leave Kuwait. Before finally packing your bag and baggage for the airport make sure that you have settled all your utility bills like water and electricity charges and also make sure that all loans owed to the banks or any other financial institutions are cleared. Check on the Ministry of Interior website to make sure that no cases have been filed against you and if you do all these you can leave the country on or before the expiry of your temporary visa without any hassles.

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  • Change in designation leads to cancellation of driving license

    I took my licence 2 years back on engineer visa. After 1 year changed my company and they put designation as driver. When it was changed I went to Asma Muroor and unblocked it. But now again company is changing my position from driver to sales rep. I am meeting the criteria of licence like 2 years residence, KD 650 salary with engineering degree. Will that change effect my licence?

    Name withheld

    Answer: Since you meet all the criteria for possessing a driving licence, we believe that if your designation change leads to the cancellation of your licence, you can reapply for a new driving licence and you may be granted same.

    Kindly go through our archives and refrain from sending us repeated questions
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  • Leave for Marriage

    I would like to have your assistance on if there is any leave as per Kuwait Labour Law for marriage (Personal) other than the annual leaves.

    Name withheld

    Answer: Unfortunately, we are not aware of any leave for marriage, as per Kuwait Labour Law. What workers normally do is that they plan their annual leaves to coincide within the period the marriage will take place or apply for some days from management to be able to perform the marriage ceremony. We must however point out that as to whether you are paid or not for the days off will depend on the goodwill of management that can decide on their choice of action.

    Kindly go through our archives and refrain from sending us repeated questions
    Kindly send your queries to [email protected] or [email protected]

  • Settlement / Indemnity for a Nurse working in MOH

    I am working as staff nurse with MOH Kuwait. I joined in 1998 with MOH and resigned in 2005 after completing 7 years. My salary was KD 300 at that time of resignation. I received my full settlement at the time of resignation and went to home country for good.

    I came back again in 2009 and joined as staff nurse with MOH again. Before joining, MOH asked me to pay back the full settlement what I received at the time of my resignation in 2005. I paid the full amount what I received to Central Bank of Kuwait. Now my salary is KD 625 per month. Will I get full benefit if I resign now at the rate of KD 625 per month for my total service of 17 years (old service 7 years + new service 10 years). Kindly awaiting for your valuable advice in this regard.

    Name withheld

    Answer: End of service settlement is calculated on the last salary earned prior to resignation, as you were made to pay back the full settlement earned during your first resignation, if you resign again now, your settlement will be calculated at the rate of KD 625 per month for a total service period of 17 years

    Kindly go through our archives and refrain from sending us repeated questions
    Kindly send your queries to [email protected] or [email protected]

  • Visit to Saudi Arabia

    Good day! I am an expatriate in Kuwait (Filipino), I have been working here for almost 3 years. I want to visit my cousins and fiancee’ who is working in Saudi Arabia in Rafha. How can I visit Saudi Arabia? Thank you so much! More power to your page.

    Name withheld

    Answer: The Embassy of the Kingdom of Saudi Arabia in Kuwait will be in best position to provide you with information on how to visit Saudi Arabia. We deal basically with issues of labour as pertained in the Labour Law in this column.

    Kindly go through our archives and refrain from sending us repeated questions
    Kindly send your queries to [email protected] or [email protected]

  • Correction of name on Civil ID

    I would like to seek your valuable advice regarding the correction of names to be done before issuing the civil ID to match the names in the passport. I have a question. My names in the present civil ID carries extra names as per my old cancelled passport whereas in my present valid passport I have only the first three names. Will you please clarify what exactly the correction of names relates to, is it just spelling mistakes or it can also be deletion/addition of names in order to match exactly as per the names in the passport. Your reply by coming Thursday will be much appreciated.

    Name withheld

    Answer: Correction of name relates to spelling mistakes, arrangement, deletion/addition. In short, the names on the civil ID must be the same as they are in your current passport and not in the cancelled one.

    Kindly go through our archives and refrain from sending us repeated questions
    Kindly send your queries to [email protected] or [email protected]

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