I shall be very much obliged if you would kindly give me the necessary information to clear my doubts: My daughter has been working in a private hospital in Kuwait as a physiotherapist from Nov. 01, 2013 on the following conditions mentioned in the employment contract signed on Aug 13, 2013:

1. The employee shall be under probation for a period of 4 months commencing from the date of starting work.

2. The term of the contract is for two years commencing from the date of employee starts work. The contract shall be automatically renewed for a similar period unless the employee notifies the employer in writing of her intention not to renew the contract before at least 3 months from the date of its expiry or the employers notify the employee in writing of his intention not to renew the contract 2 weeks before the date of its expiry.

3. The employee shall be entitled to a remuneration from the employer of a monthly salary of KD 250 which is payable at the end of every month. Free sharing accommodation will be provided.

In the background of the above terms & conditions, I wish to clear my following queries.

1. Whether my daughter can resign from the present employment on Feb 1, 2016 with a 3 months notice as she has completed her two-year contract.

2. Whether she can try to get an employment in MOH/KOC/other private hospital during the notice period?

3. If she is selected in MOH/ KOC/any private hospital, can the current present employer transfer her residence and also provide her a release without any objection?

4. Kindly also detail any other useful information, if any, for the awareness of the employee.

Name withheld 
Answer: You have not clarified a lot of things which would have made it easier to give you a very clear answer … for example you have not stated whether you were hired from abroad or transferred to this company locally.

You have also not clarified whether your contract was a “fixedtime” contract or an open-ended contract.

In spite of these omission we will try to give you an answer although we will have to tackle the various possible situations. First of all, if you were hired from abroad, you will have to wait for completion of three years service before you can apply for a release.

You can’t even transfer to another employer unless you complete these three years even if the employer gives you a release. The only exception in this case is if you are a university degree holder and the employer gives you a release.

In such a case you can get a release even after one year of service. On the other hand, if you joined this company locally – and don’t have a fixed-period contract — you can ask for a release as soon as you complete one year’s service.

The employer can’t stop you from transferring to another firm But it seems, from what we gather from your question, you have a fixed-period contract which has been automatically renewed for another period of two years under the same conditions because you did not express a desire to leave the company three months before the completion of the contract.

In such a case, you will have to complete two years with the company and inform your seniors-in writing – three months before expiry of the current contract that you no longer wish to stay with the firm … and don’t forget this time to clear this issue.

Your company can, however, let you go if it so wishes without any obligations on your side. If, however, the company decides to let you go after completion of three years service — if you were hired from abroad – or one year’s service if you were hired locally then there is no harm in you applying to a new company during the notice period. There is no law against it.

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.