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Wanted Release - But Company Has History Of Not Giving Release Category: Legal
Kuwaitlocal Kuwaitlocal

I am a university graduate and have been working as an accountant in a private company in Kuwait since April, 2010. Now I am thinking of taking a release due to dissatisfaction with my current salary. But the problem is that I am afraid … if I approach my employer for the same, he will not accept my resignation. And even if he accepts it he may put me in problem during my notice-period working days. Because there is no history so far of anybody getting a release from him. I mean nobody has been able to get a release from him without resorting to legal action.

Some workers ran away and approached the Ministry of Social Affairs and Labor (MOSAL) which sanctioned their release after a few hearings. Now here is some other information for you: on my work permit I am a laborer and my salary is mentioned as KD 60 only while I am getting KD185 regularly through a bank transfer with free food and accommodation. But I started in this job on KD 60. My employer has six or seven companies. I was an employee of company “A” until October 2014.

In November 2014 they transferred my residency to company “B”, valid till November 2016. And in all the legal departments only one person is an authorized signatory i.e. etemad taquea. Now my question is can I apply now for a release or do I have to wait until completion of one year for a local transfer. Also suggest a legal way for me to get out of this situation. Can I ask for a release without getting a job? What is the legal way? Note: Currently I am the seniormost employee in my department and have been tasked to lookafter major works of the company accounts.

Name withheld

Answer: First of all you can apply for a release only after one year’s service with the new company and you will be completing this one mandatory year in November 2015.

Secondly, if the company refuses to accept your resignation after this period you can approach the Ministry of Social Affairs and Labor (as other company employees have done), through the Labor Office in your area, as your employer can’t stop your transfer once you complete the one-year period as yours was a local transfer to this firm.

Thirdly, you can’t get a release without getting another job because you have to transfer to another employer and there is no other legal way out of this situation. On the issue of your pay, it doesn’t matter what is written on your work permit…it is what you are getting that matters and if your employer ever tries to play with this figure you can always go to the Ministry of Social Affairs and Labor with a complaint. All you need is a bank statement to prove the actual amount you are receiving.

Source - Arab Times

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

Report 0 28 Apr, 2016, 08:27 PM
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28 Apr, 2016, 08:27 PM
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