Know Kuwait Law: How To Safely Resign Despite Deportation Threats

24/05/2025

Know Kuwait Law: How To Safely Resign Despite Deportation Threats

Resigning from a job in Kuwait can be a stressful experience for many expatriates, especially when faced with resistance—or worse, threats—from their sponsors or employers. In some cases, employees who seek better opportunities and higher pay are met with intimidation, including warnings of deportation or blocked visa transfers. Others may unknowingly leave their job without completing proper legal formalities, only to discover later that they have been reported as absconding or blacklisted, making it impossible to get a new visa. Understanding Kuwait’s labor laws, knowing your rights, and following the correct procedures for resignation, final settlement, and residency cancellation are crucial to ensure a smooth and lawful exit from the country, or a successful transfer to a new employer. This guide answers key legal questions about resigning in Kuwait, dealing with sponsor threats, avoiding legal traps, and safely navigating the exit or transfer process.

Can Your Sponsor Legally Threaten You with Deportation for Resigning?
No. Under Kuwait Labor Law, employees have the right to resign with notice, and employers or sponsors cannot legally deport you for seeking better employment. Threats of deportation are a form of intimidation and are considered a violation of labor rights. If your sponsor issues such threats, you can report them to the Public Authority for Manpower (PAM).

Step-by-Step Guide for Employees Denied a Release in Kuwait

1. Check Eligibility for Release Without Sponsor Consent
Under current labor laws, you can obtain a release without employer/sponsor approval in some cases, such as:

Employer violates terms of the contract or labor law (e.g., delayed salaries, poor working conditions).
Non-renewal of work permit after expiry.
Employer reports employee as “absent” without cause (can be challenged).
Completion of contract period (after 3 years, especially in private sector).
Business closure or legal violations by the employer.

2. File a Complaint with the Ministry of Labor (PAM)

Go to the Public Authority for Manpower (PAM) office in your area.
Submit a complaint against your employer (called a Shakwa in Arabic).
You’ll be assigned a date for a hearing/mediation.

Documents needed:

Civil ID
Work permit
Residency copy
Contract copy
Evidence of misconduct (if applicable, e.g., unpaid salaries)

3. Mediation or Legal Hearing

PAM will first attempt to mediate between you and the employer.
If the employer still refuses and you're legally entitled, PAM may approve your transfer to a new sponsor without the employer’s consent.

4. Seek a Court Ruling (if needed)

If PAM cannot resolve the case, you may file it in the labor court. Courts often rule in favor of the employee if there is proof of exploitation, unpaid wages, or contract completion

What To Do If an Employer Threatens an Employee

If an employer in Kuwait threatens to deport you for looking for another job or requesting a release/transfer, this is a serious violation of your labor rights, and you are legally protected under Kuwaiti labor law. Here's what you can—and should—do:

1. Know This First: Deportation is Not Legal Without Cause. Your sponsor cannot arbitrarily deport you for looking for another job, especially if:

You're not violating the terms of your contract.
You're not committing any criminal offense.
You're following proper legal steps for transfer or resignation.

Kuwaiti labor laws and international labor protections do not allow employers to use deportation as a threat or punishment for seeking better employment.

2. Document the Threats

Keep screenshots, messages, emails, or voice recordings (if possible and legal).
Note down dates, times, and exact wording used by the employer.

This can serve as evidence if the matter escalates or you need to file a complaint.

3. File a Complaint at the Public Authority for Manpower (PAM)

Go to your regional PAM office (Ministry of Labor).
File a Shakwa (complaint) against your employer.
Mention the threats of deportation and provide any evidence you have.
PAM will summon your employer for a hearing or mediation session.

PAM has the authority to stop unlawful deportation and allow you to transfer sponsorship if you’re being harassed or threatened.

4. Contact Your Embassy

If threats escalate or you feel unsafe:

Contact your country’s embassy in Kuwait immediately.
Embassies often provide legal assistance, help with shelter, and liaise with Kuwaiti authorities to protect you.

5. Seek Help from NGOs or Legal Aid Groups
Organizations such as the Kuwait Society for Human Rights or other expat support groups may offer guidance, translators, or legal referrals.

Important Reminders:

- Never leave your job without filing a complaint first, or your employer could falsely report you as “absconding.”

- An absconding report is serious, but it can be challenged and canceled through PAM if filed maliciously.

- If your residency is still valid and you’re not violating laws, you cannot be deported legally without due process.

Threatening deportation is abuse of power. Kuwait’s laws protect workers, especially in the private sector, and you have the right to change jobs and live free from intimidation.

For more Legal queries, visit our Legal section or email at [email protected]