I was hired by a local clinic on Sept 1, 2013 and started working as a nurse — although I did not have the Ministry of Health license — on a KD 300 monthly salary. I was locally hired and hold a work permit of Article 18 (position: receptionist).

Earlier on Aug 29, 2013 I had signed the 1st contract, which was an open contract, but on March 1, 2014 the management forced us to sign a new contract in line with their application for ISO (upgrading the clinic) — so everything had to be uniform as they said. We were clearly told that if we did not sign the new contract, we would be terminated.

The 2nd contract has a fixed time for 3 years and valid from the date on which we signed the contract, which is March 1, 2014.

Now have a great opportunity in Qatar and it is for this reason that I wish to leave. I resigned on May 10, 2016 and since I cannot work for the whole notice period of 3 months (in fact only one month), I have informed the clinic that there is no need to pay my 3 years indemnity and my vacation leave pay for 1 month. I have insisted that I have to go by June 9, 2016 because that would be my joining date in Qatar.

If they allow me to go but on the condition they want me to pay for the rest of the contract, until March 2017 (3 years of the contract from March 2013), is it possible that I refuse to pay them.

This is because it’s a big amount besides the fact that I don’t want to work here for three years. I’m a bachelors degree holder and I will not stay in Kuwait and I will be working in another country.

Can you please help me out with my concerns so that at least I can fight back for my rights because there are a lot of reasons to be exempted from the contract even it is for 3 years.

Name withheld 
Answer: Before we give you an answer, we would like to draw your attention to articles 47 and 48 of the Kuwait Labor Law enacted on Feb 20, 2010.

Article 47 states that “In event where the term of the work contract is specified and the contract was unrightfully terminated by either party, the terminating party shall compensate the other party provided that the amount of compensation shall not exceed the remuneration of the worker for the remaining period of the contract. “The damage suffered by the parties shall be determined according to the trade custom, the nature of the work, the duration of the contract and in general all considerations that may have an effect on the damage with regard to its existence and extent. All debts due to the other party shall be deducted from the value of the compensation.”

Article 48 states “The worker shall have the right to terminate his work contract without notification and shall be entitled to his end of service benefit in any of the following cases:

a. If the worker does not abide by the terms of the contract or the provisions of the law

b. If the worker is assaulted by or by provocation from the employer or his deputy

c. If continuing work will endanger his safety and health pursuant to the decision of the medical arbitration committee at the Ministry of Health

d. If the employer or his deputy committed an act of cheating or fraud with regard to work conditions upon signing the contract

e. If the employer has accused the worker of committing a punishable act but the final verdict acquitted him f. If the employer of his deputy commits an act that violates public morals against the worker

A close look at the above two articles and various Ministry of Social Affairs and Labor decisions will result in the following observations:

a. You can be made to pay for the uncompleted part of the contract because you have a fixed-term contract

b. You will not only have to pay for the uncompleted part of the contract, you will also have to pay for the uncompleted part of the notification

c. You don’t have any reason for seeking immediate cancellation of your contract because you are only now — after receiving a better offer — talking about being forced to sign the second contract although you have been working in line with the terms and conditions of that particular contract for the last over two years. The company has also not harmed you in any other way

d. You are only entitled to half your indemnity because you have resigned with a service of over three years but less than five years.

From all the above, you will by now have realized that you can’t leave the company nor initiate any action against the firm for not releasing you from the contract.

The company can, however, take you to court for violating the terms and condition of the contract. Your sponsors can also have a travel ban imposed on you if you don’t compensate them … and there is nothing you can do about it because the law is with the clinic in this regard.

And that travel ban will only be lifted if you compensate the clinic or serve out the remaining part of your contract.

The only way you can get out of this situation is by sitting down with your sponsors and amicably finding a solution to the problem.

Force or going to the court or the Ministry of Social Affairs and Labor won’t get you anywhere.

So, discuss the issue amicably with your superiors and find a way out of the situation … that is the only route you can take.

Source - Arab Times

Note - All the answers were provided by Arab Times Legal Clinic.

I would like to ask you about my driving license.I got my driving license in January 2015 and I came Read More... to the country on a driver’s visa. After some time I got a job in a multinational company. They changed my job status on my residence to “distributor”. My license will expire in 2 months.My question is this: Can I renew my license?Name withheldAnswer: No, you will not be able to renew your driving license. The reason is simple. About two years ago, the Ministry of Interior issued a decision that expatriates who obtained driving licenses when their job status on their work permits was “driver” would have their licenses cancelled or would not be able to renew them if their status on the work permits changed. “Drivers” was one of the four categories which came under the hammer.The others being students, housewives and mandoubs (company representatives).So, if expatriates from any of these four categories has obtained a driving license because these categories were mentioned on their work permits, they stand to lose their licenses once these categories are changed.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic .

I just want to get some legal advice because my absconding case is at a dead end… it can&rsqu Read More... o;t be cancelled and I have found out that there is no other way for me to solve the problem, other than to wait for amnesty or surrender to the police and be deported.Okay I accept that now, and I am looking for an opportunity in Dubai, so if I surrender and am deported, will I be allowed to travel directly to Dubai or must I go back to my country of origin?Name withheld Answer: Unfortunately, the laws on absconding cases totally favor the sponsor, even if the employee is right…he will be punished because the sponsor has filed an absconding case against him. The only way out of this situation is an amnesty, although there are no signs of it so far on the horizon. If you are deported it will be to your country of origin and not to any other place.Please remember that once you surrender yourself the law will be lenient on you and “could” allow you to return after a year but if you are arrested and deported you will never be allowed to come back to Kuwait.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I have been working in a private construction company for last 12 years, came directly from India on Read More... a project visa. Now I got a good opportunity and the company has already given me the transfer letter.But the new company is unable to transfer the visa, as the Ministry of Social Affairs and Labor has rejected the transfer letter which was submitted about 2 weeks ago.This was my first transfer from project to project visa under another contractor. I am very much worried and… is it possible to transfer my residence locally.Name withheld Answer: Because of the current very strict restrictions — imposed in January this year — on the transfer of government project visas you can currently only transfer to another government project and not to the private sector.As the government is not, at the moment, keen on relaxing the rules, the only option you have is to cancel your current residence, leave the country and return on a new visa. So try to find another company which has a government project and transfer to that firm.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I have been working for a company since 7-1/2 years and now I have resigned. I had given a 3- month Read More... notice and company accepted the resignation and relieved me in month’s time. Am I eligible to get the remaining 2 months notice period salary in this case from the employer? I am awaiting your advice in this aspect.Name withheldAnswer: According to the Kuwait Labor Law, the 3-month notice period must not only be added to your service, but you must get all the salary for this period even if the company allows you to go earlier. In this case please refer to Article 44(d) of the Kuwait Labor Law which states as follows: “The employer may exempt the employee from work during the period of notification but shall count such period within the worker’s period of service. The employer shall pay the worker all his entitlements and remuneration for the period of notification”. So, you must be given the salary for the two months and if the company refuses to do so, you should file a complaint with the Ministry of Social Affairs and Labor, through the Labor Office in your area.Source : Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I am a US citizen currently visiting my parents in Kuwait. I have come here on a visit visa. I have Read More... repeatedly inquired whether I can drive on my American driver’s license in Kuwait, to which I have been told that I am legally allowed to drive on the same as long as I am on a visit visa.However, with the new laws/rules, I would like to be sure if a valid US Driver’s License is considered as an International License? And if I am legally allowed to drive on the same. Your informed advice in this regard will be greatly appreciated.Name withheld Answer: No, you can’t drive in Kuwait unless you have an International Driving License because the ordinary American Driver’s License is not considered as one. So, you have to get an international license to drive in Kuwait. Please remember that you can use that license only as long as you are on a visit visa.Although the American Driver’s License allows you to drive in many countries (even though you still have to get an International Drivers Document, which is just a translation of your American license into 16 different languages), the same is not the case in Kuwait. So you have to get an international driver’s license.You can only apply for your international driving permit through the American Automobile Association (AAA) or the National Automobile Club (NAC). You will need: A completed IDP application: AAA application. NAC application. Avalid driver’s license issued by your state DMV (Division of Motor Vehicles). 2 photos (must be passport-sized). The backs of the photos must show your signature. Payment for the applicable fee. You must be at least 18 years old to apply for an international driving permit. You can apply for the above by mail in most cases, and you may even be able to apply while traveling abroad. Contact the AAA or NAC in your area for more details.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.