legal clinic

PRO BONO LEGAL ADVICE

Medical Exam

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..

Indemnity

Dear Arab Times Team, Greetings! Let me take this opportunity to thank Arab Times team for giving detailed information on the issues are being faced by workers in Kuwait.

I joined the company in March 15, 2018 on monthly salary of KD 300 and my Iqama was transferred in October 2009. As of today, I am getting (KD 375) per month (written on my Izan-eamal) and an additional quarterly incentive of KD 300 (this incentive regularly comes in my salary after 3 months). Since I am planning to leave (resign from current job) Kuwait next year May 2018 due to some family/financial issues, I would request the questions as below:

From what date my indemnity would be calculated? Or (Indemnity calculation starts from the date of joining company or from the date of Iqama transfer?)

Will incentive be included in the indemnity calculation?

If possible, can you please calculate indemnity?

I would much appreciate your replay in the regards.

Name withheld

Answer: Your indemnity calculations will start from the date you joined the company and not when your Iqama was transferred. As per Kuwaiti Labour Law, indemnity is calculated based on the lost remuneration which here includes salary, allowances and bonuses paid regularly. In your case therefore, the KD 300 paid to you after every 3 months translates to KD 100 per month. This means that the remuneration to be used in calculating your indemnity will be KD 375 (salary) + KD 100 (incentive) = 475.

The calculation of your indemnity will be as follows

Service: 10.16 years (15/03/2008 – 15/03/2018) Salary: KD 475 Your are entitled to 15 days pay for each of the first 5 years of service = 75 days pay but these 75 days have to be first divided by 26 (working days in a month) = 2.88 months salary.

For the remaining 5.16 years service you get one month salary for each year = 5.16 months salary.

Total = 5.16 + 2.88 = 8.04 moths salary = 8.04 x KD 475 = KD 3,819

As you have completed over 10 years service, you will get the above amount in full as your indemnity.

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.

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

Salary increase

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.

Residency

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

Sponsorship

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 DirectorGeneral 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.

The Arab Times invites questions on all aspects of Kuwaiti law. If you face a problem, or need specific advice on any legal matter, from commercial and investment law to divorce and labour, send questions to the Managing Editor, Arab Times, P.O. Box 2270, 13023 Safat, Kuwait, or Fax to 24818267. E-mail: arabtimes@arabtimesonline.com