legal clinic

Release

Hi I just want to ask if my employer has the right to refuse giving me a release, iI will finish my 3rd year working with them this coming Feb 5 2020.

What can I do in the event of the company refusing to give me a release?

Name withheld

Answer: Under the labour law, you would have carried out your obligations towards the company by working three years for them. Under the same law, the company is also obliged to release your if you request for a release after three years of service to them. Should the company therefore decide to flout the law by refusing to release you, we advise that you file a case against them at the Public Authority for manpower through the labour office in your area to seek redress.

Emergency travel

Friend of mine from Philippines newly came to Kuwait on 10th Dec 2019 with 18 # work visa. At present his work permit and residency is done and envelop for Civil id just submitted. But unfortunately due to emergency issue he wants to travel to Philippines. How can he travel on an emergency without civil id.. can you please help us with a solution at the earliest...

Name withheld

Answer: With the new system in place, residency stickers are no longer placed in the passport and hence information about your residency status is captured in your civil ID card which you must produce together with your passport when exitting or entering Kuwait. In short you can’t exit Kuwait without your civil ID so this means you just have to be patient for your ID to be completed before you can travel and this will even depend on your company giving you the goahead to travel.

Notice Period

I am writing you, to seek legal advice and guidance.

Currently I’m working in a private company for retail sales. I joined the company last December 02, 2018 and completed my one year service time last December 02, 2019 This year January 0131, 2020 is my annual vacation. Next month when I resume work I want to tender my resignation.

In my company now my current salary is KD 250 but my company is deducting KD 10 for my visa. Last year, 7 consecutive months my company deducted KD 10 for my visa Article 18 which is valid for 1 year. Last November I already renewed my visa, now this time is 2 years validty and the same thing my company deducts KD 10 last month December salary. This condition not written in my offer letter nor in my contract where I signed.

This time I have found a new company to join, my question is do I have the right to not finished the 3 months notice period in my old company? Second just in case my old company agree to let me go after 2 months time of my notice period do I need to compensate the remaining 1 month? Can my company force me to pay the remaining days of my notice period that I did not finish, specially when I want to take the passport from.

Name withheld

Answer: The 3-month notice period is mandatory and on no account can you decide unilaterally not to give three months service to the employer before quiting finally. You can however negotiate with him to forgo all the 3 months or part of it similary you can reach an agreement to compensate him in monetary terms for the 3 months or part of it if for one reason or another you can’t offer him the mandatory service. At the end of the day however, if the employer is adamant and demands his pound of flesh, there is nothing you can do than to comply.

Release

Hi I have some query regarding the possibility of getting a release. I arrived in Kuwait April 2017 and worked for the company who took me from my home country for 1 year and 6 months then after that they transferred me to a different company in Oct 2018 but with same owner as to my previous company but different company name.

I have been working more than a year now in this new company and this April of 2020 will be my 3 years of staying in Kuwait. My question is will I be granted a release visa if none of my stay in a company was straight 3 years but they are owned by the same person who sponsored me to come to Kuwait.

Name withheld

Answer: The main idea behind the 3-year service for the company that brought an employee from his/her home country to Kuwait is to help the company defray the cost of bringing the worker to the country through the services rendered by the worker. We are therfore of the opinion that by April, 2020 you would have fulfilled the 3 year service requirement regardless of whether the 3-year service was straight or not. Indeed, your transfer to your sponsors second company was not at your request but his decision, so he can’t use it against you that you did not provide three years straight service to him and hence will not grant you a release.

Visa 22 to 18

Please advise the formalities for transferring residence from Visa 22 to Visa 18. I want to know how much time it will take to transfer my residence to Visa 18 if I am presently working as Visa 22.

Also, please advise the educational qualification as I need for transferring the same.

Name withheld

Answer: We begin by cautioning you that it is an offence under the law to work while you are on Visa 22 which is strictly a family and not a work visa. Note therefore, that both you and the company you are working for are breaking the law and will suffer the consequences if you are caught by any of the law enforcement agencies.

With regard to formalities, the company representative, who will undertake the transfer processes on your behalf, knows what to do and the time frame within which this can be accomplished depends on how effective the Mandoub or company representative is. With regard to the educational qualification needed for transfer, all that we can say is that if you don’t hold a university degree, you need to have stayed in Kuwait for at least one year before you can transfer from Visa 22 to 18. If you are a graduate, however, you can effect the transfer at any point in time so far as you land a job.

Loan repayment

I filed a case in Shoun against my employer to give me release, but unfortunately I lost it and Shoun gave me warning to leave Kuwait within a month, but, I took loan 2 years ago. I still have some amount to pay. While cancelling my residency, do I have to pay all the amount or can I continue the installment from my home country? I have few days left in Kuwait so your early reply will be appreciated.

Need you kind advice please.

Name withheld

Answer: Unfortunately, we are not in position to provide you the answers to your questions. We, therefore, advise that as a matter of urgency, you meet your bankers and put your plight before them and we hope they will be in a better position to advise you on how to proceed.

Notice period

I am currently working at one of the retail outlets of Kuwait. I was brought to Kuwait by my current company and I have already completed 3.3 years of service. I have got an offer from another company which wants me to join in a month. I have already provided my resignation letter stating that I can serve a notice period of 1 month but my company doesn’t agree to it. Please advise if there’s a way I can get release by serving 1 month notice period. I am ready to pay 2 months salary as well.

Also, please advise if once I have put down my papers, can I go to work at any time and work for 8 hours considering my company is open 24 hours? Or should I follow my normal time?

Name withheld

Answer: The 3-month notice period is mandatory for both the employer and the employee. Should there however be a departure from what the law says, there should be a prior agreement of both parties. In your case, if the current employer insists on the 3 months service, you can’t do anything about it but to comply. With regard to paying the company 2 months salary and the number of hours you should work a day, these can’t be taken unilaterally but both side must agree to them before they can be effected.

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