We seek your advice on the calculation of the annual leave salary. An employee gets a basic salary of KD 400 plus monthly allowances like housing and transportation i.e. KD 40 + 30 + 20 respectively. In this case the employee’s monthly remuneration works out to be KD 490. So, what would be his salary for 30 days. Furthermore, while the employee is on leave, is he entitled to receive the full allowances of KD 90 in advance or upon his return from his annual vacation ?. And lastly we would appreciate if you give any reference to the clause or the article in the new Labor Law or point out any justification to support such payments.

Name withheld 
Answer: The law clearly says that all calculations of an individual’s benefits i. e. indemnity, annual leave and overtime must be based on an employee’s “remuneration”, which means the total of the basic salary and all the allowances regularly paid to the individual. Having said that, on checking with the Ministry of Social Affairs and Labor’s Legal Department – to get a clarification on the issue – it was found that while all the three allowances were to be considered in the remuneration in the calculation of both the indemnity and overtime pay, the same was not the case with the annual leave salary, in which only the housing and living allowances were to be used…and not the transportation allowance.

The reasoning offered by the ministry for this was that the transportation allowance is paid to the individual for travelling to the office and while on leave as there is no such case while he is on his annual leave. So, while calculation the indemnity and overtime – in specifically the case you mentioned, KD 490 would be used as the basis but for the calculation of annual leave salary the calculations would be based on KD 470 ( after leaving aside the KD 20 for the transportation allowance).

As leave is for 30 working days the annual leave salary would be worked out as follows: Salary for calculation KD 470 This salary must be divided by 26 ( working days in a month) = KD 470 / 26 = KD 18. 076 As the annual leave is for 30 working days this figure must be multiplied by 30 = KD 18. 076 x 30 =KD 542. 280 So, KD 542.280 would be this individual’s annual leave salary specifically for the above case. Answering your other query, the law clearly states that the leave salary ( including the allowances ) must be paid to the individual before he proceeds on his vacation. In this connection, please refer to Article 71 of the Kuwait Labor Law enacted on Feb 20, 2010 which has only the following one line : “The worker shall be paid for his annual leave before taking such a leave”.

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.