Legal Clinic

Good morning It’s amazing to read the issues and queries daily and which helps us to know the rules and laws of the country where we have come to work. It’s wonderful and our pleasure to read such issues without any fees. I heartily thank the Arab Times Legal Clinic portion for providing us such kind of help and awareness.

My wife works in company under Visa 18 transferable, which was converted earlier from Visa 22 when the salary cap of dependent visa was 250. But now it’s 450 and where my work permit shows only KD 427, is it possible to transfer under husband sponsorship again from 18 to 22. I have one child who is under my sponsorship already. Seeking your help to know more.

Name withheld

Answer: Since your wife was originally on Visa 22 but later transferred it to Visa 18, we believe that you will be able to bring her back under your sponsorship despite the fact that your salary falls short of the KD 450 salary cap. As indicated, you have one child under your sponsorship, this we believe will help your case to bring back your wife under your sponsorship.

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

I have been working as an engineer with one private company since June 2, 2014. I have been pondering of resigning on May 7, 2017 and would be requesting our office to relieve me in 2 months (i.e. July 1, 2017) from resignation date. Would I be entitled to get indemnity. As I would be resigning before one month short of 3 years of completion but would be completing 3 years at the time of relieving. Appreciate your help.

Name withheld

Answer: At the time of separation you should have completed three years and entitled to payment of indemnity. The catch here however is that you will be going against the labour law if you insist on leaving on July 1 because by that date you have put in only 2 months notice period instead of the 3 months mandated by the law. In that scenario your employer can stand on this breach to deny you the indemnity. We therefore advise that you put in the 3 months notice period in full to prevent falling into problems with your sponsor

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

I worked in a company from June 2005 to July 2016, but even after 10 months after my resignation, I have not received the settlement for the 11 years of my service with the company and my 1-1/2 months salary is also pending with them.

Please advise as it is very painful that I did not receive my hard earned money even after working sincerely in KOC/KNPC projects with the company. Some of the employees, who resigned after me, got their settlement through somebody’s recommendations according to the information received through some source. Kindly advise me how I can get my settlement without any further delay. Awaiting your valuable advise please.

Name withheld

Answer: You are entitled to the end of service settlement in addition to the unpaid one and half month’s salary by virtue of Kuwait Labour Law. The company is violating the law by withholding what is due you in terms of indemnity and unpaid salary. In this situation, you have no alternative than to file a complaint with the Ministry of Social Affairs and Labour through the Labour Department in your area to seek redress. If this action fails, you have another chance to take your case to a court of competent jurisdiction to seek justice. You may need the services of a lawyer to help you prosecute your case even though it will come at a monetary loss.

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

The article mentions 60 days for the completion of all the formalities otherwise there can be a penalty. However, I was recently informed by someone (might only be a rumor) that the duration has now been reduced to 30 days only. I wanted to know if it is true? Thanking you in advance.

Name withheld

Answer: The 60 days mentioned in the article for the completion of all residency formalities still hold. Indeed, there hasn’t been any reduction of the days to 30. So disregard the information doing the rounds and as you rightly pointed it is just a rumor and nothing else.

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

My husband’s company sent him to the UAE in October 2015 so he comes and goes but in December, he contracted another marriage without informing me. I found out about it when he returned in June 2016 to renew my son’s residence.

When I asked him, he divorced me verbally and then he went back to Dubai. Since he did not reply properly regarding the residence of my son, I asked him again to do it. The last time he came was in December 2016 and he has not returned since then. He had earlier asked me to transfer my son’s residence under my sponsorship but I also joined another company and my work permit is still in process while my son’s residence expired on June 17, 2017.

One month ago, my husband said he will no longer return to Kuwait and I asked him to come back but now his phone is switched off. Through his friend, he sent me a message saying he cannot come back so I have to transfer my son’s residence under my sponsorship. My salary in my new residence is KD 550. I have to transfer my son’s residence because nobody will take care of him in India and his father has abandoned us totally but I do not know the transfer procedures.

Answer: Even though under the laws of Kuwait, it is only the man who can sponsor the children as dependents, sometimes an exception is made to the rule for the woman to sponsor the children. This exception is normally made on compassionate grounds, and we believe your case falls within this exemption rule. Having said this, we advise that you seek audience with the Director- General of the Immigration and put your case before him. We believe you will be given a favorable hearing to enable you to transfer your son’s residence under your sponsorship. We wish you the best of luck.

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

I am working for a company in Kuwait. I would like to take your advice on the following. On 15-12-2016, I had paid leave balance 45 days. I took leave from 16-12-2016 to 31-1-2017. In Jan 2017 my company increased my salary by KD 75/- pm. My question is — am I entitled to get difference of salary for my leave days. in Jan, 2017? My company is denying to pay the difference for Jan, 2017. Please guide me. Thanking you.

Name withheld

Answer: Salary increment in the private sector is left to the discretion of the company unless this is specifically written in the contract one signs with the company. In this perspective we will say that you should count yourself lucky to have received a salary increment of KD 75 at a go.

For your information in many companies in Kuwait the only time a worker sees a change is his or her salary is when they are promoted from one position to another. This means that if one stays in a particular company for many years without any promotion, one will be on the same salary for these years. Our advice therefore is that if the company is refusing to give you what you call the difference just let it go and enjoy what you have been given.

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

Thank you very much for giving Legal Clinic solutions to the readers. My concern is the same as many people have already asked you. But I have a different story.

Last year my wife got unfit in India for Xray. Recently we took another Xray and found no scars and clear study.

What is the procedure to bring my wife to Kuwait whose visa is already banned. Is Kuwait giving chance for the people who are cured and fit according to the Kuwait medical rules?

Name withheld

Answer: As you yourself admitted, your wife is blacklisted from entering Kuwait as a result of her failing the medical examination. What this means is that her particulars have been entered into the computer system and hence she can not enter Kuwait. To be frank with you we are not aware of any procedures that one can undertake to delist someone on the blacklist based on medical grounds.

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

I saw you have Legal Clinic and I would like to ask for some information. I am married to a Kuwaiti national and I gave birth to a baby girl in Europe (she was born premature but now in good health). My husband is organizing our life in Kuwait now. I would like to know what is the procedure if a baby is born outside of Kuwait to a Kuwaiti father. How does she get her passport? Does it happen automatically as we are married or we have to do DNA test to prove he is the father?

Name withheld

Answer: We infer from your submission that you and the baby are still residing in Europe. If our inference is right then we suggest that you contact the Kuwaiti embassy in your country of residence and you will be provided with the information you require concerning your child.

We can however state if you and your child’s father are married and the child was not born out of wed-lock, we do not think you will have a problem in acquiring a passport for the child as her father is a Kuwaiti as you said. We do not also think there will be any need for a DNA test.

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

Repeated queries wont be entertained, kindly go through our archives.

My position in the company is ‘mandup shoun w Jawaazat’. As mentioned on ‘Izan amal’. I want to renew my residence and I am told that this position no longer exists in the ministry and I will have to change the position. I want to know if my position is changed to secretary or ‘mandup mabiyat’ then my driving license will be cancelled or remain valid?? As I don’t have a bachelor’s degree. My driving licence was issued in 2002 (for mandup). I got it renewed once in 2012 and now the expiry date is 2022.

Name withheld

Answer: We are not aware of the cancellation of the position of mandoub as we still have employees performing the functions of mandoub. There could be a name change as intimated by you but the functions will no doubt remain the same. If you change your designation from ‘mandoub shoun wa Jawaazat’ (company representative) to ‘mandoub mabiyat’ (sales representative), we are afraid, your licence will be cancelled. Under current regulations a change in designation by mandoub, student, driver and housewife will automatically lead to cancellation of the driving licence acquired with these designations

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

Repeated queries wont be entertained, kindly go through our archives.

Greetings to you. I want to ask you regarding my daughter. I want to transfer her visit visa to dependent visa but me and my wife are not yet married. Please help me to have an idea what I can do. .

Name withheld

Answer: For some time now, Kuwait has stopped converting visit visa to family visa except for infants two years and below.

On this score unless your daughter falls within the permissible age range, we are sorry to say that you cannot convert her visit visa to a dependent visa.

Please note that in applying for a dependent visa, one of the documents required is an attested married certificate but as you indicated, you are not married to your daughter’s mother.

This means that you can not meet this very important requirement to be granted a dependent visa. We must also point out that Kuwaiti law does not permit making a family outside marriage and if this happens inside Kuwait the parties involved will face the rigours of the law.

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

Repeated queries wont be entertained, kindly go through our archives.