Legal Clinic

I joined in this company in 1/10/2018 my basic salary is KD 550 plus KD 180 is house rent allowance total KD 730 monthly they are giving. My question is how to calculate annual leave salary? From the basic or should I calculate HRA also?

Name withheld

Answer: The law says that all calculations of an individuals entitlements i.e indemnity, overtime and annual leave must be based on an employees remuneration which includes the basic salary and all the allowances regularly paid to the individual except for the transportation allowance which is not included in the calculation of the leave salary. With this explanation, it is clear that your annual leave salary will be calculated on KD 730 which means your basic salary plus your rent allowance.

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I am an engineering graduate with NOC from Kuwait Society of Engineers & would like to know about transfer of residency from my current company. My entry visa to Kuwait is 18 ahli (private) but currently on Gov project (hukoomi)

1. I am on probation with the same company where i transferred & stamped my residency.
2. Is it a mandatory to keep the visa for 6 months once I transfer the residency. In case if they terminate me in the first three or four months will I be able to transfer?

Name withheld

Answer: If you transferred from another company to the present company as you indicated, then the current company will be obligated to give you a transfer if your services are terminated in the first three or four months of working for the Company. Granted that it is mandatory to keep the visa for six months, this means that the Company will also be obliged to make sure that it does not take any action to your disadvantage within the stipulated six months.

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I was hired from the Philippines and worked in a Company for about four years.

I went for emergency leave due to some family matters, during which I emailed the Company to inform them that I will not be able to return on the agreed date as my daughter got sick.

However, upon my return to Kuwait, I found out that the Company would terminate me and they rejected the documents I presented to prove I had a valid reason for not returning on time.

They told me I would be terminated. Since I wanted to continue working with them, they gave me the option to be hired locally with a new employee number, in the same position and I will get my indemnity. I signed the local employment contract on April 22, 2018 and it ended on April 22, 2019 but I submitted my resignation prior to the end of contract.

The Company did not accept my resignation, saying I have to complete my one-year contract. I told them I have to submit my resignation before my contract ends but they said that if I stop working, I must pay three months full salary including the housing and transportation allowances. I stopped working with them as I already joined another Company.

My visa will expire on June 28. When I requested for release, they asked me to pay KD 600 before giving me the release. They said this is the new rule as per Kuwait Labour Law. Is it true that I have to pay three months salary in lieu of the three months notice even if I was hired locally? I hope you could advise me on the steps I should take because my visa will expire on June 28 and my new employer wants to transfer my visa under their company.

Name withheld

Answer: Under the labour law you have to give your employer three months notice during which time you must continue working for the company after which period your resignation comes into effect. If you submitted your resignation three months before the expiry of your contract period then the Company has no business in demanding monetary compensation before your transfer request is granted. On the other hand, if you stopped work before completing the 3-month notice period then it is within the Company’s right to demand monetary compensation in lieu of the three months notice period.

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I am writing this email to ask about a legal matter. I have a loan with a bank in Kuwait and I have plans to move out of Kuwait in the few months. I am planning on paying my installments on a regular basis into my account. However, I might not be able to keep my Kuwait’s residency. Is this going to affect my loan in anyway or my rights to move out of the country?

Name withheld

Answer: Our advice to you is that you do everything possible to settle your loan obligations before attempting to exit Kuwait for good. Indeed the laws of Kuwait demand that you do exactly that in addition to settling your water and electricity bills, if there are any. Your plan on paying your installment on regular basis into your account is easier said than done. In any case, you were able to open your bank account on the basis of possessing a valid Kuwaiti resident permit. Exiting Kuwait permanently will therefore mean that your account will seize to function. We don’t think any bank in Kuwait will accept any such arrangement and indeed we could be surprised if any do.

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I would like to know whether I can apply for a driving licence. I am in Kuwait since 2017 and getting KD 650 salary mentioned in the work permit also. My visa profession is Mechanic, and I have diploma in mechanical engineering, but I don’t have a university degree, also I completed 2 years in Kuwait. Please provide good suggestion regarding this matter. Awaiting response.

Name withheld

Answer: While you satisfy the salary and years of stay requirements, you fall short of the remaining requirement which is possessing a university degrees. Unfortunately for you also your profession is not one of those that can apply for exemption in meeting the above requirements. This then means that you are not qualified to apply for a driving licence

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I am from Bhutan and was hired from my home country. I have been working for them since Jan 2019 and on paper the contract expired on Jan 20-19 since it was a year long contract. I can seek employment else where considering the fact that I have a degree and we haven’t signed a new contract since then.

Name withheld

Answer: Unless the company is willing to give you a release you have no option than to continue working for it for three years or ask to be sent back to your country as the one year contract you signed has since expired. Having a university degree is of no consequence in this scenario as you were not employed locally but recruited abroad – a situation under which you are obliged by the labour law to work three years for the employer or in your case return home if there is no agreement on the way forward after the initial one-year contract expires

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I have a query due to which I got stuck up. It shall be very helpful if some one answers me. I am basically a Mechanical Engineer and can apply for KSE membership as a Mechanical Engineer but my work experience of 10 years is in the safety field, so during interview can I convey the same that I have experience as Safety professional or do I need to prepare my self as Mechanical Engineer?

Name withheld

Answer: We don’t think it will be prudent to appear before an interview panel to authenticate your credentials as a mechanical engineer to arm yourself with only your experience as safety professional and nothing about mechanical engineering. Our advice to you is that while there will be no harm in mentioning the fact that you have been a safety professional over the years, it would be suicidal not to prepare yourself for questions bordering on mechanical engineering.

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To get release from my current company, as per Kuwait law, how many years do I have to work with them?

Name withheld

Answer: If you were recruited from your country by the company you are currently working for, the law says that you have to work three years for the company before you can ask for a release. On the other hand if you were recruited locally, you only have to work one year for the company if you are not a university graduate and thereafter you can ask for a release. If you are a university graduate however, you can ask for a release at any point of time.

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I have been in Kuwait since 2004, I got driving license in 2014; now I have visa up to November 2019, my license expires on Oct 1, 2020. By the time of my visa renewal if I change my designation from engineer to supervisor will my license get cancel or not. My salary is KD 700. I have an attested degree certificate and almost cancelled 14 years in Kuwait, please advise.

Name withheld

Answer: Unfortunately if you change your designation from engineer to supervisor your driving licence will be cancelled. However since you meet all the requirements for a driving licence you can put in a new application for one.

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I am an Indian employed in Kuwait (for over 7 years) and currently undergoing long drawn divorce proceedings with my wife in Indian courts. My parents aged 69 years and 61 years are dependent on me. Kindly advise how can I bring my parents from India to Kuwait for long term so that I can take basic care of them. Please also advise on costs involved. Also is there any way of bringing my parents to Kuwait for short term. Your response will be heartfully appreciated.

Name withheld

Answer: In times past one could sponsor parents as dependents but the practice has since been stopped. As things stand now, only the wife and children can be sponsored as dependents. This, therefore means that you cannot sponsor your parents as dependents since the laws don’t support that you can however invite your parents here on visit visa for

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