Back in 01-2014 you sent me information about expatriates working until the age of 80 in Kuwait. I have attached the information you sent to me. I am being denied work for jobs from a USA Company, VECTRUS located in Kuwait. They are claiming that Kuwait law does not allow anyone over 60 to work in their country. Since then, I have been trying to get confirmation on this age issue from the Ministry of Labor in Kuwait…. with no response. Can you help?

Name withheld 
Answer: Your question the last time was totally of a different nature in which you wanted to know how long expatriates could work in Kuwait and we gave you examples of people even around 80 years old working in the country, but only in the private sector with people over 60 years or in some cases over 65 years working in the public sector but only on special contracts.

Generally, in Kuwait’s public sector the retirement age is 60 years while in some areas this has been relaxed to 65, beyond which (in special cases) people are given extensions of one year at a time.

Now, talking about the private sector, the Kuwait Labor Law nor any other ministerial decisions have not mentioned any retirement age but there is a difference in the laws for people already working in Kuwait and age limit for hiring people from abroad. In the coming paragraphs we will attempt to make this issue as clear as possible to leave no doubt on the issue in the minds of over readers.

While the age of 60 years or 65 years has been set by various ministries there is no retirement age set for workers in the private sector.

Generally, there is no mandatory retirement age in the country because it only applies to those who contribute to Kuwait’s Social Security Fund, which means only Kuwaitis but it is still applied to all in the government sector.

The government is now studying to decrease this limit to 50 years for expatriates in view of the growing local manpower market.

Now coming to the expatriates, it is essential to understand the following. Regarding these employees, especially those who are over 65 years, they may continue to work in Kuwait for the SAME employer, who can renew their work permits automatically without any issue. But there comes a problem when there is a bid to transfer the residence of people over 65 years to another sponsor.

This transfer can’t take place until special permission is obtained for this purpose from the Manpower Labor Authority / Ministry of Social Affairs and Labor. So, you see there is no limit on the working age for expatriates in Kuwait but hiring of people — of the same age group — from abroad is totally a different matter.

Here, however, expatriates from outside Kuwait who are 60 years and above — and in some areas of work above 65 years — are not given a work permit unless a special exemption is obtained the relevant authorities mentioned above. So, if you fall under the higher age group mentioned above, your company needs to get a special exemption for you. A lot of companies, however, don’t pursue this route as it involves a lot of paperwork.

So, we hope that you have the answer to your problem besides learning the difference between age limit for working in Kuwait and the age limit for getting a work permit (while abroad) to work in Kuwait.

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.