Legal Clinic

I am an engineering graduate and came to Kuwait on a government project engineer’s visa. I have completed 3 yrs and want to join a new company that does not have a government project visa and have only private sector visas.

What are my options to transfer on to a private sector visa?

Also if I transfer on to a private sector visa in my existing company can I in the future join a new company and get a transfer on to a private sector visa of the new company?

Name withheld

Answer: Under current and other decisions on the subject, the following possibilities are open to you. You can transfer to another government project of 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.

Under the above arrangements, there is a KD 300 fee for transfer from one government project on its completion, to another government project which has a different sponsor.

On the other hand if you want to transfer to another government project of the same sponsor, the fee is KD 200.

There is also another opening under which you can pay KD 350 to transfer your work permit to the main file of your current sponsor.

This would mean that you could ultimately land, if the sponsor has no objection, in a private sector company. Having put you through the different possibilities of visa transfer open to you, we hope you are now clear in your mind that it is not possible for you to transfer your visa to the private sector as envisaged by you.

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

I have been working in Kuwait Airways as an Aircraft mechanic since last 6 months. My 2 kids are Irish national and wife is Pakistani national. My basic salary is KD 380 and along with the all allowances is KD 520. Can I sponsor my family in Kuwait on the basis of the above information and I hear that those who are in engineering or technical department are exempted from salary issues. Your help or suggestion would be really helpful for me.

Name withheld

Answer: To be able to sponsor your family in Kuwait as dependents you have to be earning a month salary of KD 450 and above.

The monthly salary received must be indicated in your work permit. Hence if it is the KD 380 and not the KD 520 which is included in your work permit, then we are sorry to say that you cannot sponsor your family in Kuwait on dependent visa regardless of whether you are working in an engineering or technical department.

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

I have been working in a private company for the past 2 years. In this 2 years I have taken one time annual leave with pay and one month emergency leave (due to wife health problem) without pay (loss of pay and self paid return ticket).

Now my company is denying me my annual leave for the 2nd year, HR & Amin Dept is saying that as per the law (Kuwait) you are not eligible to leave, as you have availed your leave in emergency.

Hence you can not get annual leave this year, the emergency leave which you have taken, this has been deducted from annual leave.

Please advice me in this regard, what is as per Kuwait Law regarding emergency leave, will it be deducted from annual leave if emergency leave taken in middle.

Name withheld

Answer: Under Kuwait Labour Law there is nothing like emergency leave, but which unfortunately is wrongly bandied about by many employees.

Indeed what is mentioned in the labour law is compassionate leave which is normally granted to an employee when he/she loses a close relative.

The number of days a worker will enjoy under this provision of the law depend on the degree of closeness to the deceased relative — whether a father, mother, wife, husband, child or other.

Your company is therefore right in considering the so-called emergency leave you took as part of your annual leave.

That being so, you are also entitled to demand that the company pay you for the number of days they are considering as part of your annual leave.

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

My car was stolen on June 22, 2009 and I have filed a case in Jleeb police station on the same day and till today, there is no news about it. I have checked with the police station two times and they said they will inform me if they get it. Now almost 8 years passed. I want to know, do I have to do anything for it? How is the traffic system showing details of the car?

Name withheld

Answer: If for eight years the car has not been found, the possibility of it ever being found is very slim. We are afraid that your car might have been cannibalized and the parts sold hence the inability of the police in contacting and giving you a positive feedback, about the car. We do not have any advice to give except to say that you accept the reality that the car is lost for good and move on

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

I am working in a private sector in Kuwait. It’s been 18 months (3 month notice period not included), now I am resigning due to some personal reason even though I got some job issues I don’t want to mention them because I just want to leave my current company and go back to my country.

So once I gave my resignation (notice period of 90 days) to my manager they refused and the reason they are giving is that I cannot leave the company until I complete 2 years with them.

Please advise me if that is legal. Don’t I have the right to give notice period to my company before 2 years?

I just received only an offer letter when I joined and nothing was more mentioned in the offer letter about 2 years service.

What management informed us was about company ticket after 2 years that’s it.

The company saying that this is as per GP visa Kuwait law. Please I need your advice.

Name withheld

Answer: The company is damn wrong in refusing to accept your resignation under the guise that you have to complete two years of service.

The company’s stand is not supported by the Kuwait Labour Law and hence not legal. It looks like the company is confusing eligibility for a plane ticket after two years service to also mean that you are legally bound to work for them for two years.

They can only deny you the ticket if you resign now but they can’t insist on keeping you to work for them for the full two years before resigning. If they are insisting on the letter we suggest you file a case against them with the Ministry of Social Affairs and Labour through the Labour Department in your area.

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

I am working for construction company for the past 20 years.

Unfortunately I have not been paid the last three months salary and I have got a new job. They want me to join immediately. When I submitted the resignation the old company wants me to serve the three months notice period. They have already violated the contract (non-payment of salary) so is it necessary to serve the three months notice. Anticipating you valuable guidance Thanking you

Name withheld

Answer: It is true that your company has violated the terms of the contract by not paying you for three months. It is however not in your bossom to determine that the contract has been breached. That determination can only be made by the Ministry of Social Affairs and Labour or by a court of competent jurisdiction. We therefore suggest that you file a case immediately at the Ministry of Social Affairs and Labour through the Labour Department in your area against the company for an breach of contract and demand for an immediate release.

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

I want to know about family visa rules my husband have 350 KD salary. I am in dependent visa. I am here for past 6 years but our kids are in India they are 4 years and 2 years. Soon I will apply for a job. Can we get family visa for children? If we are bringing them on visit visa can it be transferred to family visa. Thanks and regards

Name withheld

Answer: We are sorry, your husband who is legally permitted to sponsor the children on dependent visa. Cannot do so because his salary is below the minimum salary of KD 450 required. Bringing the children on a visit visa will not change anything even if your husband were to meet the salary cap. Indeed, the window through which one could transfer a vist visa to family visa has been closed for sometime now except for infants two years and below.

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

I am a doctor in a private clinic and I was hired from India. I have completed one year of service. Kindly clarify if the minimum service period for doctors is one year or three years. Thanking you.

Name withheld

Answer: Since you were hired from abroad by your current employer, you can not leave the company before serving three years; that is if the company insists on holding on to you.

However, if the company has no objection and is prepared to forego the remaining two years of your service, then you will be free to move on.

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

I am regularly reading your suggestions and thanks for helping in Laws/Bylaws. This is my first time I am writing requesting for your valuable suggestion.

I am working in Shuwaikh Port in Kuwait Free Trade Zone under visa 18 as an engineer (certificate approved), salary 750+KD. Now completed 2 years and was recruited from my home country India. No previous experience in Kuwait before. I would like to ask regarding:

1. Can I change job at any point of time by giving 3 months notice period?

2. As I listen that without completing 3 years, I can’t change job because I was hired from out of Kuwait, so I have to fulfill at least 3 years.

3. Also some have told me that there is no any problem for engineers seeking job change.

4. Also rumours have it that ‘Free Trade Zone’ is at risk now. All factories closing, so no transfer allowed and visas direct cancelled.

Too much confused. I have a dependent family here and not able to plan future in this scenario.

Name withheld

Answer: Generally, if you are on an open-ended contract and have completed the initial service requirement of either one or three years, you can at any point of time change job after giving the mandatory 3-month notice period.

With particular reference to your case, you can not change a job since you have not yet completed three years of service to your current employer who recruited you from India.

You may only be allowed to quit the job if the sponsor has no objection as willing to let you go. If he however insists on keeping you for the three years, you have no choice but to obey regardless of whether you are an engineer or whatever.

As regards your last inquiry, we are sorry to say that we have no knowledge of what you talked about and hence have no suggestions to offer. We however hope that the other answers we offered will help you clear the confusion you are embroiled in.

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

I came to Kuwait in 2014 on a project visa. I have been working in a construction company as an electrician since 2014. Now I have good offer from another company but my company did not give release to me. Please tell me what should I do, give suggestions please.

Name withheld

Answer: Unfortunately for you, the company is acting within the law by refusing to give you a release. Under current laws, you can only transfer your visa to another project visa of the same sponsor or another project of a different sponsor if the current project has been completed or to the general file of the current sponsor. With the above explanation, you will agree with us that there isn’t much you can do with regard to a release if the current sponsor insists on holding on to you. The only other alternative if you can’t awail of the above possibilities is to resign and go back to your country.

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