Legal Clinic

I took my driving licence in Aug 2015 (designation as Site Engineer, salary KD300/-), renewed the licence on Aug 1, 2016 (same designation, Site Engineer) I changed my Iqama to another company on Oct 20, 2016 (designation as Technician) because engineer slot wasn’t available, with salary KD550/- since then licence status started showing as ‘expired’ in MOI website.

On Oct 20, 2017, changed Iqama designation to Programming Engineer in same company as the slot was available this year, when I applied for licence renewal, request was rejected.

I renewed the Iqama again in October this year. My current designation is same (Programming Engineer, NOC issued from KSE) with salary KD550/- and in MOI website it says as ‘No Driving Licence’. Kindly advise if there is a possibility to renew the same licence or I have to apply for a new licence from beginning?

Name withheld

Answer: So far as the website of the Ministry of Interior (MOI) indicates ‘No Driving Licence’ against your name, it means you don’t have a driving licence let alone to renew it. In short, if you want a driving licence you have to apply anew. Even though your monthly salary of KD550/- falls short of the minimum KD600/- required by the virtue of the fact that you are an engineer with a no-objection certifi cate from Kuwait Society of Engineers (KSE), you will be given a waiver from meeting that requirement.

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Thank you for the legal advices that you have been giving online, it has been very helpful. I would like to ask for an advice regarding my situation. I am a degree holder and started my contract last April 10, 2017. I decided that I wanted to end my employment next year, April 10, 2019 and exit from Kuwait for good. My contract says 2 to 3 years renewable. I have not taken a vacation in 2 years and I am wondering if I can get a monetary value for my unclaimed vacation before I leave the country for good.

Name withheld

Answer: Under Kuwait Law you are entitled to 30 days paid leave for every year of service. As you would have not taken a vacation for the two years you would have put in by April 10, 2019, you would be entitled to be paid the monetary value of the accumulated two years leave.

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I am from Pakistan and working in a reputed company in Kuwait as a driver. My basic salary is KD 250. I want to bring my family for 3 months, is it possible or not as a Pakistani? I am waiting for your answer.

Name withheld

Answer: Legally, it is possible, because officially no ban has been placed on the entry of Pakistani citizens to Kuwait. In practice however, Pakistanis face obstacles in entering Kuwait as they need to get security clearance before they can be issued with entry visas. The security clearance required is almost impossible to get even though in fairness to the authorities, there are occasions when the clearance is given. Our advice to you therefore is that you can try your luck as you have nothing to lose from trying.

 

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I am writing this email to clarify my doubt regarding the Leave Salary Calculation as per Kuwait Labour Law. I am planning to take my annual leave from 02-01-2019 to 31-01-2019 and my monthly salary is KD 350. My annual leave entitlement is 30 days per year.

My doubt is, in the above mentioned leave period is 30 days (includes Fridays), and the leave salary calculation is 350/26*26= 350. Is it correct?

And the other doubt is, will I get the 4 Fridays salary in January or the same is deducted from my leave balance only? (Is law allows the 4 Fridays salary to get as January salary). Your immediate response in this regard will be highly appreciated.

Name withheld

Answer: As leave is for 30 working days, the annual leave salary would be worked out as follows. Salary for calculation: KD 350.

This salary must be divided by 26 (working days in a month) = KD 350/26 = 13.461.

As the annual leave is for 30 working days this figure must be multiplied by 30 = 13.461×30 = KD 403.846. You are therefore entitled to an annual leave pay of KD 403.846 and not KD 350 as you indicated

 

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As I’m in need of your help and guidance, I have read several times with the same issue in your column. Which is so helpful to so many needful expats through The Arab Times English daily newspaper, we’re so grateful to have it. Now I come for the same.

As I am working for an Asian Diplomatic Mission as local staff recruited here in Kuwait. Due to my health issues and family matters back home I gave my resignation last month and it is accepted. I heard my indemnity will be settled by November. So I want to know my exact amount and calculation of my total indemnity.

My total service I give below: 15 years and 9 months.

Joined on Jan 5th, 2003 – last date of my work will be on Nov 3rd, 2018.

Sir, I kindly request you to do the needful.

Thanking you.

Name withheld

Answer: Your indemnity will be calculated as follows: 15 days salary for each of the first five years service equals to 75 days but this has to be first divided by 26 equals 288 months salary.

For the next 10 years, 9 months one month salary equals 10.75 months salary.

Total equal 2.88 + 10.75 = 13.63 months salary that equals to 13.63 x monthly salary.

As you have put on over 10 years of service, you will receive the full amount

 

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I also want to apply visit visa for my wife. My salary KD 175 as per work permit however I receive average salary above KD 250 with commission that can prove through monthly bank statement. Can I get visit visa for her?

Name withheld

Answer: Unfortunately, you cannot apply for a visit visa for your wife since your monthly salary is below the amount required.

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I would like to know whether I can apply for a driving licence. I am getting KD 600 salary and my visa profession is quality supervisor, and I have diploma in civil engineering, but I don’t have a university degree, please provide good suggestion regarding this matter.

Name withheld

Answer: To qualify to apply for a Kuwaiti driving licence you should:

1. Hold a university degree

2. Earn a monthly salary of not less than KD 600

3. Have stayed in Kuwait for not less than two years

While you satisfy the 2nd and 3rd conditions, you fall short of the first and unless you receive an exemption from the Director-General of the Traffic Department, you cannot apply for a Kuwaiti driving licence.

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I was working in a company for last 3 years. Due to financial issues the company had to close down and they locally transferred me to their sister concern company this July 2018 with new work permit. Now I have completed just 4 months with them. I have got a good offer from a new company and old company is ready to give me local release.

I want to know will there be any issue in PAM to issue a new work permit for my new company since I just completed 4 months in sister company? I am an engineering graduate with Kuwait Society of Engineers membership.

Name withheld

Answer: Under the Kuwaiti Labour Law a worker who transfers his/her visa to a new sponsor locally is duty-bound to work for the new sponsor for one year if he/she is not a university graduate.

However a worker with a university degree and falling under a similar situation can transfer his/her visa to a new sponsor at any point in time.

Being an engineering graduate, we assume that you graduated with a degree in your field. If our assumption is right, then you will have no problem with PAM in transferring your visa to the new company.

 

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I have already enquired about the same issue around one and half years back with you and got clarified that it is possible to transfer to my son’s sponsorship mine and my wife’s residence.

I would like to know from your good office that under the present scenario and situation is it possible for us (me and wife) to get residence under my son who is working for a bank for more than 10 years and he is drawing more than KD 1,000 salary.

Coming November 29th is my last day with my company. If it is possible to transfer the residency like the way I inquired, I would like to inform my company accordingly. I will wait for your kind replay and really appreciate your time and advise for moving forward. Thanks your understanding.

Name withheld

Answer: The issue of sponsoring parents on dependent has been a very tricky one. Even though officially, the practice has been stopped there are occasions when some applications have been granted on humanitarian grounds. Our advice to you is that you can try your luck on the issue.

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As always I seek your advise regarding the subject matter and looking forward your kind reply in order to take up with my office as there are some calculations issue.

The details are like this; company has told me to retire now from service and the details are as below:

Joining date: July 1st 2009

Retirement date: Nov 30, 2018

Salary: KD 820 per month

Leave balance: 29 and 1/2 days

What will be my indemnity amount and what will be my leave balance amount. Your reply will help me to take up the matter with my HR department. Thanks for your understanding and support.

Name withheld

Answer:

Your indemnity will be calculated as follows:

Service: 9.3 years

Salary: KD 820

You are entitled to 15 days salary for each of the first five years service = 75 days; but this has to be first divided by 26 = 2.88 months salary.

For the next 4 years and 4 months, you will get one month salary for each year = 4.3 months salary.

Total 2.88 + 4.3 = 7.18 months salary. = 7.18 x KD 820 = KD 5,887.600.

You also have a leave balance of 29 days which must be paid as follows.

Salary divided by 26 x 29 = KD 820/26 x 29 = KD 914.615.

This amount should be added to the above total = KD 914.615 + KD 5,887.600 = KD 6,802.215.

As you have been asked to retire you will receive the whole amount of KD 6,802.215 even though you have not put in 10 years of service.

 

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