Legal Clinic

  • Vacation leave between mandatory 3 months notice period

    My vacation has been approved for July. But I planned my resignation 1st June. Hence June/July/August notice period. Is there any issue for vacation during notice period?

    Name withheld

    Answer: Of course there will be a problem as your vacation will come in between the mandatory three-month notice period. Unless your employer has no issue with you taking your leave within the notice period, the other options left for you are either to go on leave and come back to tender your resignation or withdraw the leave request, present your resignation letter and offer an uninterrupted service of three months as mandated by the law. Take notice however that any leave balance including the withdrawn one will be paid to you as part of your end of service benefits.

     

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  • Terminating contract with company after visa transfer

    Can I cancel my visa transfer from a new company? They processed my transfer for one day They said that they have submitted my papers already and I told them that I don’t want to continue anymore because I have found better opportunity in another company. Now the company doesn’t want to give my passport and I decided to terminate and cancel my terms with them. I have got myself released from my first company here in Kuwait through shoun.

    Name withheld

    Answer: Under the Kuwait Labour Law, if you hold a university degree, you can terminate your contract with a company at any point in time and ask for a release if you were hired locally. On the other hand if you don’t hold a university degree you have to work one year for the new sponsor before you can ask for a release. With the above explanation, we believe you can determine for yourself which of the scenarios fit you and advise yourself accordingly.

     

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  • Project visa transfer – Company refusing to give release

    I came to Kuwait in January 2013 on a project visa (5 year project). Now I have completed more than 4 years in this project.

    I am a bachelor degree holder. Now I am getting good offer in ministry of health as paramedical staff. My question is, can I get release from my sponsor after 4 years in legal way? Because my company is refusing to give me a release. My visa is 18 shoun visa and I want to transfer to visa 17.

    Name withheld

    Answer: Unfortunately the laws as they stand now are not in your favour and the company will be acting within the law if they refuse to give you a release because they brought you to Kuwait on a five-year project visa which according to you, you have not yet completed the full five years.

    Indeed according to current and other decisions on the subject of project visa, you can transfer only to another government project on the same sponsor, or another government project of a different sponsor if the current project has been completed or to the general file of the current sponsor. In these scenarios you can see that you have very little or no room to maneuver in your quest to seek transfer from your current sponsor to the ministry of health.

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  • Not eligible for NOC from KSE – Will I have problem in renewing my Driving License?

    I hold a Diploma in Electrical Engineering passed in 1992 but always worked in IT field as support engineer. I came to Kuwait in 2001 with the designation ‘Computer Engineer’ (No one asked for degree at that time). Got a driving license in 2003 when my salary was KD 350 (salary bar was KD 300 at that time). Now I know that I’m not eligible for NOC from KSE. What should I do?

    Is it possible to change my designation as ‘IT Technician’ or ‘IT Operator’ etc and renew my residence on the basis of my diploma?

    My salary is now above KD 750, so will they renew my driving license (I’m a diploma holder and got license in 2003.)

    Name withheld

    Answer: When it comes to the question of designation change, we can’t put a definite answer to it because we are privy to some having their designation changes accepted and others having theirs rejected. In short each case may be determined on its own merit. Our advice to you therefore is that discuss the issue of designation change with your mandoub and let him take up that option if he deems it possible.

    On the issue of your driving license renewal we don’t think you will face any problems with a designation change since you acquired the license before the current stipulation of being a university graduate to be eligible to apply for a driving license.

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  • Abuse of Labour law by local company

    I am graduate and I have been in Kuwait since 2011 and it’s my second company. I was hired locally and completed 3 months in new company. They hired me for sales as a sales manager and after joining the new company they started giving me other assignments which are not related to my speciality.

    They asked me to work from 8 am to 7 pm (11 hrs per day) and I refused to work 11 hrs and the sponsor got angry with me and asked to leave the company. I said OK and asked for a release. Then after he said I have to pay back 3 months salary paid to me and visa transfer charges also. When I asked why should I pay this as I have worked for the company for 3 months. Then he said if I didn’t pay this money he would cancel my visa and send me back to India. Can he do this to me? I am totally confused. Please advise.

    Name withheld

    Answer: The sponsor is blowing hot air. He cannot do any of the things he is threatening you with. You don’t also have to pay any money to him but insist that he grant you a release as Kuwait Labour Law grants you this privilege as a graduate to ask for a release at any point in time.

    However, if the sponsor wants to prove recalcitrant, then we advise that you file a case against him at the Ministry of Social Affairs and Labour through the labour office in your area.

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  • Driving license issue – From Engineer to Supervisor designation

    I have obtained driving license on the basis of Engineer profession and salary KD 550. If I well change my designation to supervisor, will it lead to the cancellation of driving license even though I meet the requirement of university degree, earning a salary above KD 600 and more than 2 years stay in Kuwait?

    Name withheld

    Answer: From what you have told us, you now meet all the three requirements needed to qualify to apply for a driving license. In view of the preceding it is our opinion that your licence will not be cancelled with a change in designation.

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  • Factory visa Engineer unable to transfer

    My nationality is Indian. I arrived in Kuwait in October 2016 with a factory visa. I joined another company for work as a civil engineer, I have civil engineer degree, but my factory visa is not transferable as my new company checked and told me. My new company is ready to give me new engineer visa but recently the iqama process for engineers has been associated with the accreditation of Kuwait Engineers Society (KES) of every engineer’s university.

    My university is not accredited by the Kuwait Engineers Society (KES). I would like to ask about the process for new engineer visa.

    Also, I don’t know if I tried to make the engineer visa, will it be approved or not? Do I come with another designation visa (office staff) and I transfer my designation from office staff to engineer after entering Kuwait? My iqama is expiring soon and I am waiting for your answer.

    Name withheld

    Answer: Yes, it is true, you cannot transfer your visa to a new company outside the factory category. As you indicated, the new company can apply for another visa for you after cancelling your current visa and exiting the country. You don’t need to know the processes of applying for an engineering visa since that is the job your company representative (mandoub) is employed to do.

    In so far as you are determined to work as an engineer there is nothing you can do to circumvent the requirement that you must get a no-objection certificate from the Kuwait Engineers Society to process or renew your residence. So the ball is in your court. You have to make the decision that best suits you but to be frank with you the odds are not in your favour.

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  • Medical test for new visa

    I got my work visa for Kuwait. I have to go for medical test soon. I have ringworm on my left side. Will this make me unfit for the job?

    Name withheld

    Answer: To the best of our knowledge, ringworm is not one of the diseases one is tested for to be given a medical clearance to work in the Gulf. The contagious disease often tested for include AIDS, malaria, tuberculosis, hepatitis and diphtheria.

    Kindly send your queries to [email protected] or [email protected]
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  • Visit Visa – Sister sponsoring brother

    I would like to bring my brother who is 20 years old to Kuwait for 10 days from India. I am his sister having Visa 18. I would like to know whether I can bring him and what the procedure is? Can I get a visa if the sworn affidavit shows he is my brother?

    Name withheld

    Answer: If you have an attested affidavit showing your relationship with the one you wish to invite, you will have no problem in acquiring a visa for the person so far an you meet the KD 300 or more monthly salary required.

    Granting as you meet the salary requirement, the documents you require are: Your Civil ID copy, the rental agreement, copy of your work permit, passport copy of your brother and affidavit showing your relationship with the person you wish to invite.

    The affidavit should be in Arabic and typed in your embassy where you have to also get it attested. In addition you have to get the same attested at Kuwait’s Ministry of Foreign Affairs in Shuwaikh.

    Attach all these documents to an application at the Immigration Department in your area and you should have no problem in acquiring the visit visa for your brother.

    Kindly send your queries to [email protected] or [email protected]
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  • NOC issue from KES – Unable to transfer visa

    I am Saheer, currently working in Kuwait as an instrumentation engineer. I resigned from my company and joined a new company on 10/12/2017. Almost 5 months are over; because of the NOC issue I could not transfer my residency to a new company. My old company is going to cancel my visa within 1 or 2 months. I don’t have any other way. I hope my request will soon be considered.

    Name withheld

    Answer: Unfortunately nothing can be done about your case. The new regulation states unambiguously that all engineers working or seeking to work in Kuwait must get a no-objection-certificate from Kuwait Engineers Society (KES) to have their residence renewed or processed.

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

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