Legal Clinic

I am a one regular reader of Legal Clinic in Arab Times. It is an excellent job you are doing. Thank you for that. I have two important queries.

1. I am a qualified B.Tech Civil Engineer. From August 2013 to December 2016, I worked for well known EPC contractor in Kuwait. Then in February 2017, I transferred my work permit to new company. Still I haven’t received my final settlement from the company. Like me, too many people are struggling to get final settlement from their companies. Every week I am following up, but nothing is moving from the side of the employer. What should I do to get my final settlement?

2. I joined a new company from December 2016, as a engineer. From February 2017 up to now, I haven’t received salary because of financial problem.

What should I do to get pending salary? If I get new job, am I eligible to get release from the company as per K.L.L.? If company not releasing, what should to do to join new company? I can’t wait for too many months to get my salary, because I have to pay EMI for loan, house rent etc. Kindly advise me

Name withheld
Answer: Continue pursuing your old company for your final settlement but if in your estimation they have made up their mind not to pay you then you can file a case with the Ministry of Social Affairs and Labour through the Labour Department in your area.

With regard to your second question we must state that it is not uncommon for employers to delay paying workers their salaries even though this practice is against the Labour Law.

But you admit yourself that the company is facing financial problem we advise that you bear with them till such time that they can be in position to pay you. On the other hand if you don’t have that patience, you can look for a new job and if you are successful, your present company has no choice but to give you a release.

If the company however wants to prove recalcitrant you can again file a case at the Ministry of Social Affairs and Labour and we are confident the company will be compelled to give you a release in addition to compelling them to pay you for the months you have worked for but not paid.

Kindly send your queries to [email protected] or [email protected], repetitive questions wont be entertained. Kindly go through our archives

Hello sir, I have recently sent a visit visa for my wife and one-year old son. Sadly my son got TB. Now he is under six months treatment course. My doubt is if he comes to Kuwait can he bring his medicine along without problem? We don’t want him to miss a single dose within the six months. His antibiotics are RIFAMPICIN, ISONIEZID, PYRAZHEMIDE. Please advise me.

Name withheld

Answer: Tuberculosis (TB) is one of the ailments of which its sufferers are denied residency in Kuwait. Your one-year-old son and by extension your wife risk being denied entry into the country if it is established at the airport that the antibiotics you mentioned are meant for the treatment of your son’s ailment (TB). We, therefore, advise that you cancel the trip, let the child go through the six-month treatment course after which we believe he will be completely healed and won’t have any problem in entering Kuwait with a new visit visa.

Kindly send your queries to [email protected] or [email protected], repetitive questions wont be entertained. Kindly go through our archives

I will soon be working in a private sector company at the end of this month. I want to confirm something regarding visit visa. I want to get one for my daughter.

1st my salary is 250 that’s basic not including the incentives commission.

2nd my daughter is using her father’s name but her middle name is mine even though we’re no longer married. Would I be able to get her a visit visa?

Name withheld
Answer: The salary cap for obtaining visit visa for immediate family members (wife, husband and children) is KD 200. For other members of the family it is KD 300. With a salary of KD 250, you are qualified to apply for a visit visa for your daughter. We don’t think your daughter having her father’s name and yours as part of her name will pose a problem. So go ahead and apply for the visa by attaching the required documents to the application.

Kindly send your queries to [email protected] or [email protected], repetitive questions wont be entertained. Kindly go through our archives

I am an engineer working in Kuwait since 3rd March 2015. I am working for KNPC through subcontract to another Kuwait-based company. My selection was done by KNPC and as per contract I am entitled for annual increment as per my job performance rating.

Hence as per my understanding I should receive my first increment effective from 1st April 2016. However my contract company told me that as I joined one month later than other employees, I will get increment only from 1st July 2016 and not for April, May and June 2016.

All other employees who joined just one month before me are getting this increment but same is denied to me. Also now that I have completed my second year on 3rd March 2017, I should get my second increment effective from April 2017, however again my contract company is telling me that I will get the increment from July 2017.

In both the cases I have not received any documentary evidence that KNPC has not given me the increment as per my understanding of the contract. Whenever I ask for same from my parent company documents regarding the increment, I am told that increment document is confidential and can’t be provided. Request you to guide me as I feel I am not receiving my increment properly.

Name withheld
Answer: Your case has been rendered complex because two companies are involved here (your contract company and KNPC). To pinpoint as to who is responsible for your plight will not be an easy exercise especially that documents that could have been of help to you are said to be confidential and hence can’t be released to you.

Our advice to you is that you continue pursuing the matter even if to a higher level in the administration especially that of the contract company. We caution however that you should adopt a soft approach became if you try to be belligerent they can take refuge in the contract clause that says that you are entitled to annual increment as per your job performance rating. If they resort to this you will be the loser.

Kindly send your queries to [email protected] or [email protected], repetitive questions wont be entertained. Kindly go through our archives

Please could you advise on the procedure to obtain a special permission from the Director General of Immigration. I need to request if I can sponsor my newborn baby because my husband has some issues with his visa for the timebeing. Should we go and meet him in person or should I submit a letter or application to obtain a waiver?

Name withheld

Answer: We advise that you meet the Director-General of Immigration in person and put forward your problem to him. If he gives you a favourable hearing, you will be directed on the steps to take to sponsor your child. We must however caution that booking an appointment with the Director-General is not a simple task as you have to do a lot to convince the securitymen at the door to his office before they will allow you to go in.

Kindly send your queries to [email protected] or [email protected], repetitive questions wont be entertained. Kindly go through our archives

I would like to ask about my indemnity. I am a nurse in a private clinic and have been working for 4 years and 9 months. I started working on July 2012 and resigned on Jan 25, 2017 with 3 months notice ending April 25, 2017. I need urgent advice.

Name withheld

Answer: Since you have not told us how much you earn per month (including allowances paid to you on regular basis) we will not be in a position to tell you exactly how much indemnity you are entitled to get. We will however provide you a general outline on how to calculate your indemnity which will be as follows:

Service: 4.75 years

Salary: unknown You are entitled to 15 days pay for each year of service = 4.75×15 = 71.25 But these days must first be divided by 26 (working days in a month) = 71.25 divided by 26 = 2.74 months salary = 2.74x your monthly salary.

But as yo have resigned with over 3 years but less than 5 years service, you will be entitled to half the amount.

Kindly send your queries to [email protected] or [email protected], repetitive questions wont be entertained. Kindly go through our archives

Praying that someone gives me a good advice.

I am a resigned employee and today May 3, 2017 I had an appointment with my old company to explain to me the indemnity payment that they will be giving to me.

However, they asked me to fill up and sign a 2-page paper with my details and what was explained to me is that it is a document that will prove that everything is settled between me and the company and that I have no right to go to Shoun to file anything and that I have given them my staff discount card and health card. And without hesitation I signed the document which is written in Arabic because I want to finalize everything and completely finish with my old company.

I asked the C and B personnel if I needed to have a new Civil ID for them to transfer in my salary account the indemnity payment and she said that it’s OK since I already submitted them a copy of my new work permit with my new company.

I was also advised that it will be within maximum 10 days that my indemnity will be transferred to my bank account. I asked for a copy of the document I signed and when I asked one of my relatives to explain it to me, she told me that it is written there that I already received the indemnity and that there is nothing that I can claim from the company. Which is not true yet unless they will transfer it in my bank account.

Please advise what to do legally in case they will not give me my rights for my indemnity within this 10 days as what has been discussed to me.

Name withheld

Answer: Most companies in Kuwait adopt this system of making workers who have resigned sign that paper saying that they have received all their entitlements when they haven’t actually received them. But the good news is that they are subsequently paid these entitlements.

So do not entertain any fears, the company will pay you what is due to you. Indemnity payments are made through the banks so if your old company wants to seek refuge in the fact you signed a paper saying that you have received all your entitlements when indeed you have receive same, they will be exposed by your bank since there won’t be any record of such payments with the bank.

In short, if the company wants to play smart, file a case against them in the Ministry of Social Affairs and Labour through the Labour Department in your area.

Kindly send your queries to [email protected] or [email protected], repetitive questions wont be entertained. Kindly go through our archives

It would benefit everyone in Kuwait to know that Kuwait University does not pay indemnity after end of service to foreigners. They don’t have the budget for it and anyone thinking of working there should avoid this trap.

Name withheld

Answer: Our checks have shown that it cannot be entirely true to say that Kuwait University does not pay indemnity to its workers after end of service.

While some categories of workers at the university may not enjoy this facility, it is erroneous to categorically state that all Kuwait University employees at the end of service are not paid indemnity.

Indeed all employees who do not enjoy this facility like some research assistants are made aware of this fact before they are recruited.

The argument then is that if you accept this prior condition before recruitment, you should have no reason to complain of being led into a trap

Kindly send your queries to [email protected] or [email protected], repetitive questions wont be entertained. Kindly go through our archives

I would like to know if I can get visit visa for my unmarried sister (22 years), and also the validity of the visa. How much time can she spend in Kuwait, a month or 3 months. My salary is KD 553. Someone told me that I would require a salary of KD 650 or above to be eligible to apply for a visit visa. Kindly confirm. Your immediate response will be appreciated.

Name withheld

Answer: Yes, you can apply for a visit visa for your sister as your salary is way above the salary cap. Your sister can, however, spend only one month in Kuwait. The 3-month stay is only reserved for your immediate family – wife and children.

Kindly send your queries to [email protected] or [email protected], repetitive questions wont be entertained. Kindly go through our archives

I want to ask about dependent visa for my child. My salary is below 450.000. My wife is here with me in Kuwait on dependent visa. Last time I read your post in Legal Clinic is it possible to get dependent visa for child if wife is on dependent visa but I submitted all the documents to apply for a new visa they rejected because of salary problem. So kindly send your valuable opinion about child visa. Thanks.

Name withheld

Answer: We maintain that if your wife is already here on dependent visa it is possible to sponsor your child also on dependent visa if your salary is below the salary cap. Having said this we must admit that the officer at the Immigration Department who deals with your application makes the determination as to whether to approve or reject the application. The officer here is however not the final arbiter and you can ask to see a more senior officer to put your case across to him and if you are lucky your application can be reconsidered.

Kindly send your queries to [email protected] or [email protected], repetitive questions wont be entertained. Kindly go through our archives