A growing number of expatriate workers in Kuwait continue to face legal uncertainty during job transitions, particularly when disputes arise during probation periods. In one such case, a worker with five years of uninterrupted service in the food and beverage sector found his career abruptly stalled after a former employer allegedly filed a false absconding case, withheld his passport, and demanded unlawful payments for visa and uniform fees—highlighting persistent gaps between labour law protections and workplace practices.
Question
Dear Arab Times legal team,
Kindly please provide your guidance
After working for 5 years in a renowned company in Kuwait until Oct/2025
On oct/2025 I transferred smoothly from a renowned company to a X company where i worked for 50 days, but did not complete the probation period of 100 days.
Dec/2025 left that company with a resignation letter due to internal management issues of the company.
Thankful I got a job offer letter from another company while transferring visa mandoub said my former company has made me abscond even after submitting the resignation and asking to pay KD155 to lift the Absconding and approving the visa transfer and leave the company.
kd155, including visa fees and Uniform fees which I returned to them. They are holding my passport also
Kindly please please need your guidance regarding this
What should I do?
Is it legal for an employer to ask the visa fees and Uniform fees of KD155 to leave the company during the probation period?
Or i don't have any option but to pay and get transferred to another company.
Thank you for guiding so many people I have read your articles on Legal section.
Answer
What the Law Says and What an Employee Should Do
Under Kuwait Labour Law (Law No. 6 of 2010), an employee who resigns during the probation period is protected from punitive or retaliatory actions by the employer. Legal experts note that several of the practices commonly reported during such transitions—false absconding cases, recovery of visa costs, and passport retention—are explicitly prohibited.
Under Article 32 of the Kuwait Labour Law, which governs probation periods
- The probation period cannot exceed 100 working days.
- Either the employee or the employer may terminate the contract during the probation period without notice.
This means no formal notice period is required when resigning during probation, unless a specific shorter notice is written in the contract
So legally:
- If you resign within the probation period, you can leave without serving a notice period.
- Employers can also terminate you during probation without notice.
1. False Absconding After Resignation
An absconding case may only be registered when a worker abandons employment without notice or justification. If an employee submits a resignation and exits during the probation period in accordance with the contract, filing an absconding report afterward is considered unlawful. The Public Authority for Manpower (PAM) has the authority to cancel such cases once evidence of resignation is presented.
2. Recovery of Visa and Uniform Costs
Kuwait labour regulations place full responsibility for work visa expenses on the employer. Employers are not permitted to recover visa-related costs from employees, regardless of whether the employee leaves during probation. Similarly, if uniforms are mandatory or company-branded, their cost must be borne by the employer. Charging for returned uniforms or deducting such costs as a condition for release has no legal basis.
3. Passport Retention
Holding an employee’s passport is a clear violation of Kuwaiti law and Ministry of Interior regulations. Employers are required to return passports immediately upon request, irrespective of ongoing disputes or pending transfers. Labour authorities treat passport confiscation as a serious offence.
4. Rights During the Probation Period
During probation, either party may terminate the employment relationship with verbal or written notice, as specified in the contract or labour law. No penalties, fines, or exit charges may be imposed on an employee who resigns lawfully during this period.
5. Step-by-Step Action an Affected Employee Should Take
Labour specialists recommend the following course of action:
- Visit the Public Authority for Manpower (PAM) or the designated labour office without delay
- Submit proof of resignation, including emails, messages, or acknowledgment from the employer
- Report the false absconding case and request its immediate cancellation
- File a complaint regarding passport retention, with your Embassy also so that authorities can order to be returned
- Challenge any demand for visa or uniform fees as unlawful under labour law
Once a complaint is registered, PAM can intervene directly, lift the absconding status, and facilitate visa transfer to a new employer.
6. A Common but Risky AlternativeWhile some employees choose to pay disputed amounts to expedite their transfer, legal experts caution that this approach, though common, legitimises illegal practices. If payment is made, it is advised that employees obtain written confirmation of absconding removal, official receipts, and immediate passport return.
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