Legal Clinic

  • Is it mandatory for a Manager to work for 3 yrs if hired from abroad?

    I’m an Indian and have an offer letter to work as deputy finance manager. I’m an MBA holder and certificates are attested. My question is: Is it mandatory to work for three years since I’m a direct recruit from India even if company is ready to give a release? Offer letter says I have to compensate company if I resign within a year. My offer is only KD 450. Your advise is highly appreciated.

    Name withheld

    Answer: As a direct recruit from India or any other country, the Labour Law makes it mandatory for you to work three years for the sponsor before you can be entitled for a release. However if the sponsor so desires, he/she can give you a release at any point in time within the 3-year mandatory period. In order not to face suspicion and questioning of visa trading what most ‘no-objection’ sponsors do is that they let you work for them for at least one year before granting you a release.

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

  • Bachelor of science working as Safety Engineer does require NOC from KSE

    I am a bachelor of science degree holder and department is information & computer science (industrial engineering). Currently my designation is Safety Engineer on work permit. As per new policy, do I have to register in KSE to renew my visa?

    Name withheld

    Answer: To the best of our knowledge, we think you have to register with the Kuwait Society of Engineers as your designation is Safety Engineer. However we think the best place to get to know whether there is a need for you to register or not will be KSE you should therefore find time to visit their offices to seek clarification on the issue. If you do that not it will be better for you than waiting to be told that you need a no objection certificate from KSE at the time your papers are present for the renewal of your residence.

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

  • Even if your Sponsor gives release before 3 yrs of work, Ministry of Social Affairs and Labour may object

    I completed my Bachelor of Electrical & Electronics Engineering in 2007 from Stamford University, Bangladesh and have already 10 years of working experience. However, I came to Kuwait on 27/1/2017 with a supervisor (Project/18/Shoon) visa and working as an Electrical Engineer at a local company in Kuwait but on last 27/12/2017 I changed my profession from supervisor to Electrical Engineer and Project visa to General/Ahli, also changed company licence but same sponsor.

    But as per my educational background and job experience I am not getting a good salary. Now I want to transfer my sponsor to another but I don’t know whether I will be able to transfer my sponsor or not. Already I have a very good job offer in a KOC project. Can you please advise me if my current company/sponsor does not give permission/leave me; then how long I have to wait to transfer my sponsor? Or how to transfer my Kuwait sponsor to another in a legal way?

    Name withheld

    Answer: Since you were brought to Kuwait from your home country by your current sponsor you have to work for him/her for at least three years before you can seek a release. However, if the sponsor so desires he/she can let you go before the expiry of the 3-year mandatory period of service. Another possible way through which you can ask for a release is under a situation in which the sponsor is not respecting his obligations as enshrined in the contract you signed with him/her or as mandated by the Kuwait Labour Law. Under this scenario, however, it is the Ministry of Social Affairs and Labour which can decide whether there are breaches in the contract or not. If you are, therefore, convinced that your sponsor is not respecting the terms of your contract or in breach of the labour law, then you can file a case with the Ministry of Social Affairs and Labour Law office in your area and seek redress.

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

  • Indemnity salary calculation on 26 days not 30 days

    I searched the archives but didn’t find this specific question. My school calculates indemnity at 15/30, not 15/26 days for the first 5 years. The English version of the Labor Law (2010) simply says “a fifteenday- wage for every one year of service of the first five years” is to be paid out. Is this acceptable under the law?

    Name withheld

    Answer: The method adopted by your school (15/30) is wrong as the correct method is 15/26 as you indicated.

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

  • Charity needed to pay of my debts

    I don’t know this is a right or not but something needs to be done to get out of my situation. I am in debts from top to bottom and need monetary assistance. If your company or channel can help that would be great. I am sure there must be 500+ employees you should be possessing. If everyone can donate a charity of 10 dinars for 4 Fridays I will be out of my situation and will be able to live a normal life. I was jobless for last month and now I am getting a job of KD 200 to 300 but this take a long time for me to accumulate this huge funds and meanwhile, I will loose my house.

    Name withheld

    Answer: Unfortunately, the Arab Times is not a charity organisation but offers this column on problem basis for our readers to seek answers to questions that bother them especially with regard to labour issues on the basis of this, we are unable to entertain your request but advise that you channel it to the many charity organisations that dot Kuwait.

     

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

  • Plastic surgeons face jail if they fail to satisfy customers

    Atyab Alshatti, Esq

    Plastic surgeons unlike medical surgeons are required by law to give their best to the total satisfaction of their customers. Give them what they have asked for, nothing more nothing less. Plastic surgeons can end up in jail if they fail to satisfy their customers or if something goes wrong.

    However, the job of medical surgeons falls under a totally different category. They work to save lives and cure diseases while the plastic surgeons work to give added beauty to the patient to the liking of the latter. A medical surgeon follows international and national norms concerning each surgery irrespective what the outcome of the operation.

    A plastic surgeon offers services that sometimes bring about a change in appearance and satisfy complementary needs which people can actually do without. These surgeries are more of an optional nature. Each patient opts for a surgery not because their life is in danger. The job of a plastic surgeon is a lot easier than the medical surgeons who work to save lives and has a limited time to accomplish their jobs, sometimes with limited resources.

    When a patient visits a clinic to change looks or the shape of their noses, their chins, transfer some fat from one body part to another, all these requests are guided by the opinions of doctors and points of view whether it is medically safe and sound to carry out such surgeries given the condition of each patient, while uncertainty looms over the final look whether it will satisfy the patient or not as was agreed between the doctor and the patient.

    The most important point is doctors are required to deliver what the patients have asked for. If the doctor fails to deliver or remain true to his promise the patient has the right to legally sue the doctor and claim damages.

    The patient must file a criminal case with a police station against that doctor if he refuses to do good the wrong. Mostly the investigators will immediately put the doctor on a travel ban as soon as the complaint is filed.

    In one incident, a doctor disfigured the nose of a patient and fearing backlash from the patient escaped from Kuwait before the authorities slapped a travel ban on him. Therefore police investigators are very careful when complaints of such nature are filed with them. Following the complaint, police will summon the doctor for interrogation and if the latter fails to comply, an arrest warrant will be issued against him.

    My advice to people is to be very careful if you opt for a plastic surgery and choose the doctor very carefully.

    By Atyab Alshatti, Esq.

    email: lawyeratyabalshatti@ gmail.com

  • Transferred from Company visa to Project visa have no problem in reverting

    I have been working on a company visa for the last 15 years, currently I got good offer to work on oil and gas project. If I finish the project period, can I transfer my visa again to company visa? Will there be any problem for transferring project to company? Also be informed that I am not a degree holder.

    Name withheld

    Answer: In as much as you first entered Kuwait on company visa, you will have no problem in reverting to company visa from the project visa in so far as you serve for at least one year on the project visa since you are not a degree holder.

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

  • Visa restriction – Bringing wife on Visit visa can I get on Dependent visa later before 6 mnts?

    I have small question and I need your support. I am planning to get my wife on tourist visa to Kuwait and after 90 days she will go back to my home country and after a couple of weeks I’m planning to bring her on family visa or dependent visa.

    One of my friends was telling once if she comes with tourist visa and after going back to my country she will not get any visa for next 6 months. Is it true or false? Please clarify my doubts as soon as possible. Note: Now I have KD 375 in my work permit and in a couple of months I will get promoted and it will be increased to KD 450.

    Name withheld

    Answer: After your wife visits on a tourist visa and returns to your country after 90 days you will have no restriction placed on bringing her back on a dependent or family visa in so far as your monthly salary as captured on your work permit is KD 450.

    The six-month restriction will only be applicable if you want to bring your wife back on a tourist or visit visa.

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

  • Visit visa validity for Parents/Wife/Children mentioned on Visa

    I have seen the subject mentioned in Arab Times in which it is mentioned the visit visa for parents is valid for 1 month only. Can you please confirm this? When I took visa for my mother, I was told that the visa is valid for 3 months. Attached is the visa copy.

    Name withheld

    Answer: The entry visa of your mother clearly stated 14-3-2018 to 13-4-2018 as the validity period. So clearly the validity period of visa for other members of the family other than wife and children is one month and not more

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

  • Does B.Tech Information Technology Software Engineers need NOC from KSE?

    I am a B.Tech Information Technology graduate who completed my course during the year 2009 and my designation is titled as ‘Software Engineer’ in my visa. During my search at http://www. nbaind.org I noticed my college has been accredited by NBA but course isn’t. It seems that my college has discontinued the course during the year 2014. As per the new policy will I be eligible for an NOC from KSE?

    Name withheld

    Answer: We are sorry, but we are not in a position to determine as to whether you are eligible for a no objection certificate from KSE or not. That determination lies in the bossom of Kuwait Engineers Society and we advise that you seek advice from them.

Back to top button

Advt Blocker Detected

Kindly disable the Ad blocker

Verified by MonsterInsights