I am an engineer (with the same profession mentioned on the work permit) working in a private company. I locally transferred my residence (general visa, not project visa) to one of the private companies in January 2015.
I could not continue working in the company due to some reasons and left the company before completion of the probation period (100 days). I managed to get an opportunity in a private company and transferred my residence to them in April 2015. Now am on probation with this firm. I got a very good opportunity to work in Kuwait Oil Company (KOC) on secondment.
Hence, I want to leave the current company before completion of the probation period so that I can join KOC. Am I eligible for another transfer? Is there any condition in the Kuwait labor law which states the number of transfers that are permitted in one year?
Answer: According to the Kuwait Labor Law, there is no limit on the number of transfers that are permitted in a year … the rule is simply, if there is no violation of the law the transfer in done. Having said that, there is a little difference between what is mentioned on paper with what is actually implemented by the Ministry of Social Affairs and Labor, which sanctions the transfer because the role of the Manpower Authority so far has not been properly explained nor is it properly understood as there seems to be a lot of duplication of the work process of these two departments.
Anyway, it has been left to the authority of the officers of the ministry to decide whether to sanction a certain transfer or not .If the officers feel that an expatriate is seeking too many transfers they put their foot down and reject the transfer.
You did two transfers within three months, the second without completing the probation and now you want to do the same thing again. While the law is not against your transfer – in principle, you could face a “rejection” against such a move from the ministry. But you will only learn the fate of your application on applying for the transfer, although such moves are easier when you want to join government establishments such as the KOC.
In fact, in most cases, even if there are some hurdles these are removed in such transactions. So if you want, you can try your luck by submitting an application for the transfer. But you have to be careful because if you resign, your current company might not want you back if your transfer application is rejected.
Source - Arab Times
Note - All the answers were provided by Arab Times Legal Clinic.
18 Apr, 2016, 12:32 PM
18 Apr, 2016, 12:32 PM