Transfer To New Company Before Completing One Year
Category: Crime News
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I am a Mechanical Engineer, and have recently joined a trading company — on Jan 24, 2016 — as a Sales Manager (position as on Istimara – work permit). I was hired on the company’s visa from India. Because of some reason, I had to quit this company, last date being May 31. The company is ready to relieve me so that I can join any other local company. Please advise if the Iqama can be transferred to another company, in this case, when its only 4 months since I joined the last company

Name withheld 


Answer: According to the law, there is nothing — if you are a university degree holder – stopping you from transferring to another employer if your employer gives you a release. But if you don’t get a release, you will have to complete one year of service before your transfer is sanctioned. Having said that, we must stress that in practice things are much more difficult as the Public Authority for Manpower (PAM) has become very strict on the issue.

Things will be more difficult for you since you transferred to this company only 4 months ago after having been in the country for only less than a year. This would mean you are seeking your second transfer after only landing in Kuwait within 4 months. Although the law doesn’t stop such transfers — for university graduates — PAM and the Ministry of Social Affairs and Labor are taking their time to deliberate over each such case. This, however, doesn’t stop you from applying for the same. File an application and try your luck.

I am a bit concerned about the rules on the transfer of residence. I am a post-graduate in the field of commerce. I came to Kuwait in the month of May 2015 and worked for the company which brought me to Kuwait for one year. Later on, I found a better opportunity and started working for a new company in May 2016 where I transferred my residency. However, the new company in which I am working, does not provide me with a job role which I was promised during the interview process. So, is it possible for me to change my job as I haven’t completed a year in this company.

Name withheld 


Answer: We answered a similar question very recently, so we are reprinting the same answer, with slight adjustments, for your information. According to the law, there is nothing — if you are a university degree holder — stopping you from transferring to another employer if your employer gives you a release. But if you don’t get a release, you will have to complete one year of service before your transfer is sanctioned.

Having said that, we must stress that in practice things are much more difficult as the Public Authority for Manpower (PAM) has become very strict on the issue. Things will be more difficult for you since you transferred to this company only 2 months ago after having been in the country for only a year.

This would mean you are seeking your second transfer within a two-month period. Although the law doesn’t stop such transfers — for university graduates — PAM and the Ministry of Social Affairs and Labor are taking their time to deliberate over each such case.

In your case, you have said you are a “post-graduate”, but meaning of post-graduates differs among the expatriates. In some places these are people who have university degrees while in other places these are diploma holders. So, if you are a university degree holder all the above applies to you but if you only have a diploma you should forget about the transfer. And in spite of all the restrictions, file an application and try your luck.

 

SOURCE : ARABTIMES

03 Jul, 2016 0 1016
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