We have a number of queries related to calculation of leave salary and leave entitlement of our comp Read More... any staff. We would also like to know how their leave salary is to be calculated as we have failed to find any law on some of the issues.We have a 5-day working week with Friday and Saturday being off. We are also entitled to 30 days leave as per Kuwait Labour Law, enacted in February 2010.For calculating the leave that can be taken by an employee do we consider a week as consisting of 5 working days per week which is the actual thing in our case, or 6 working days as our company says the Labour Law considers only one day per week as the official day off.Also for calculating leave salary do we divide the total remuneration by 26 or 22 as we work only for 22 days in a month?Name withheldAnswer: We have answered similar questions on the issue a number of times but we will do so again for the benefit of our readers.First of all, your company is right. You have to consider the working week of six days while calculating your leave because giving you two days off is the internal policy of the company as it has divided the 6th day’s hours over the five days. You still put in about 48 hours a week but these 48 hours are divided over five days instead of six. As you must have noticed you are putting in a minimum of 9 hours a day.So, as far as this issue is concerned, you consider the working week as six days in spite of the fact you have a two-day weekend.Secondly, because of the above reason, you have to divide the total monthly remuneration by 26 (number of working days in the month according to the law to calculate the leave salary and not by 22).In the end, please remember that you are entitled to 30 working days annual leave per year…which means that all the weekly off days (Fridays) and official holidays falling within the leave should not be counted in the leave.In this case also, only one day per week is not to be counted and not both the weekly off days.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

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I am working for an international company in Kuwait for the last 5 years and before that I worked fo Read More... r 5 years for the same company in Saudi Arabia with no interruption of my employment contract except the geographical relocation. I did not receive the termination benefits when I left Saudi Arabia.Now upon my termination, the company is offering me gratuity based only upon my 5 years in Kuwait whereas I have been employed for 10 years by the same company.The company says it will also pay me a termination gratuity for my time in Saudi Arabia, but each case is based on a 5-year term whereas I would get a higher gratuity if they considered the 10 years as a single term as per the Kuwait Labor Law.Which is correct, please?Name withheld Answer: This all depends on your contract plus the laws of the countries where you have served. You have to read the contract carefully again to understand what all benefits are due to you.You must also see whether the service according to the contract has to be counted as continuous or separately as you jump from country to country.Because if nothing is mentioned about the service being continuous then things will be as we elaborate below. Having said that we must mention that the problem here lies in the application of the law because the Kuwait government is only responsible for the service you put in for that firm while in this country, and not for any service that you put in before you arrived at Kuwaiti shores.You also need to understand that yours is a case of “multiple jurisdictions”, in your case of Saudi Arabia over the first five years of your service and then Kuwait for the remaining period. You must also understand that to work in Kuwait, if you are already working somewhere else in the GCC or to work in any other GCC state if you are already working in Kuwait, you are first required to cancel the contract, work permit and residence of the country where you are currently working.This means that you must get all your benefits, in full, when you cancel your contract in another GCC country – like Saudi Arabia in your case – before you get a work permit and start working in Kuwait.So, in the practical application of the GCC laws, your company is right in the calculation of your benefits. In spite of the above, we would advise you to have a close look at you contract – or should we say contracts if you signed one in Saudi Arabia and another one on arrival in Kuwait.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I have been given a commercial visit visa by a company in Kuwait. Can it be transferred to work visa Read More... once I arrive in Kuwait. I am a graduate (degree attested) and have Microsoft certifications. Do I need to do a medical in India?Name withheldAnswer: The rules on this issue are changing so fast that you really don’t know what tomorrow will bring. But talking about the current situation, transfers are currently being allowed from commercial visit visa to work permits.You have, however, to remember that you will be allowed to transfer only to the firm which sent you the visa and not to any other company.Secondly you don’t need to get a medical examination done in India. But remember to check once again for the current situation on the rules of transfer of the commercial visit visa before you leave your country so that you don’t land in a fix after your arrival in Kuwait.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

First of all, I would like to appreciate your efforts of replying to all our questions with the most Read More... reliable answers. Please also guide me on what should be done next in the following scenario:I am an IT post-graduate and have been working in a private company since December 2014. My sponsor owns various companies in Kuwait. At the time of my recruitment, the company transferred my residency from visa Article 22 (dependent) to visa Article 18 (work permit) i.e. I was hired locally and residency was registered with one of my sponsor’s company.My current residency was renewed without any contract and registered with my same sponsor’s other company. For e.g. my sponsor owns two companies, DEF Ltd and PQR Ltd.When I joined, the employer in the work permit was DEF Ltd. But when my residency got renewed, it got changed to PQR Ltd.Now I am getting a good offer from another private company. Can I accept the other company’s offer or will I have to wait for a year as my residency was registered with my same sponsor’s other company?Name withheld Answer: First of all please remember that when you are working in the private sector, you are not working for individuals but for companies, which means that you are being sponsored by a company.This being the case, you can’t transfer to another firm until you have spent at least one year with this company.Before we conclude, we would like to talk about another point you mentioned in your question. Although you have addressed just casually, it is very important for you and all our other readers.You mentioned that you “did not sign” any contract while transferring to this firm. Please understand that the contract is an essential part of the transfer process or any other process which involves the procurement of a work permit.Without a contract you simply can’t get a work permit. This is an essential requirement regardless of whether you are getting the work permit for the first time, extending the residence or transferring the residence to another sponsor.Simply put no contract, no residence. So, one of the many papers (in Arabic) which you must have unknowingly signed without having a look was the contract. So, look at the papers before signing.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I just resigned for almost 1 month already, is there a chance to take my my Annual leave during my r Read More... esignation period?

We seek your advice on the calculation of the annual leave salary. An employee gets a basic salary o Read More... f 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 TimesNote - All the answers were provided by Arab Times Legal Clinic.

I am working for an international company in Kuwait for the last 5 years and before that I worked fo Read More... r 5 years for the same company in Saudi Arabia with no interruption of my employment contract except the geographical relocation. I did not receive the termination benefits when I left Saudi Arabia.Now upon my termination, the company is offering me gratuity based only upon my 5 years in Kuwait whereas I have been employed for 10 years by the same company.The company says it will also pay me a termination gratuity for my time in Saudi Arabia, but each case is based on a 5-year term whereas I would get a higher gratuity if they considered the 10 years as a single term as per the Kuwait Labor Law.Which is correct, please?Name withheld Answer: This all depends on your contract plus the laws of the countries where you have served. You have to read the contract carefully again to understand what all benefits are due to you.You must also see whether the service according to the contract has to be counted as continuous or separately as you jump from country to country.Because if nothing is mentioned about the service being continuous then things will be as we elaborate below. Having said that we must mention that the problem here lies in the application of the law because the Kuwait government is only responsible for the service you put in for that firm while in this country, and not for any service that you put in before you arrived at Kuwaiti shores.You also need to understand that yours is a case of “multiple jurisdictions”, in your case of Saudi Arabia over the first five years of your service and then Kuwait for the remaining period. You must also understand that to work in Kuwait, if you are already working somewhere else in the GCC or to work in any other GCC state if you are already working in Kuwait, you are first required to cancel the contract, work permit and residence of the country where you are currently working.This means that you must get all your benefits, in full, when you cancel your contract in another GCC country – like Saudi Arabia in your case – before you get a work permit and start working in Kuwait.So, in the practical application of the GCC laws, your company is right in the calculation of your benefits. In spite of the above, we would advise you to have a close look at you contract – or should we say contracts if you signed one in Saudi Arabia and another one on arrival in Kuwait.Source - Arab Times Note - All the answers were provided by Arab Times Legal Clinic.

Can I extend the family visit visa, currently valid for 1 month, for my mother. And if not, can I tr Read More... ansfer her to a tourist visa — valid for 3 months — even though she has already entered Kuwait. Finally what are requirements that I need to fulfill to get a tourist visa for my mother.Name withheldAnswer: Please remember family visit visas for the immediate family — spouse and children — are for three months while for other family members these are for one month only.The Interior Ministry has stressed a number of times that the family visit visas can neither be extended nor can these be transferred to any other type of visa. So, simply put, your mother will have to leave the country and come again – at a later date – on a new visit visa.Please also remember that, according to Kuwait law, you can apply for a new visit visa only six months after the visitor’s departure from the country. Well, that’s the law but sometimes – only on issuance of new visit visas – the Immigration Department does bend the rules a little on compassionate grounds. Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I joined my current company on April 4, 2000. At that time the company had several projects so compa Read More... ny got my residence done on one of their projects. After five years — in June 2005 — my company transferred my residence to the sponsorship of the company.When I asked company about my indemnity, the company said that they will calculate my indemnity from June 2005, since that was the date my residence was transferred to the company. I have argued with them, that I had been working for them since April 4, 2000, and because of their own convenience they had got my residence for a sister company… so my indemnity must be calculated from 2000.Actually I had been working with them since April 4, 2000. The company also said that in the calculation of indemnity they will calculate only working days… Fridays and public holidays will be not counted.Kindly advise me how much is my indemnity as my current salary is KD 300 and my last working day is Aug 31, 2016.Name withheld Answer: First of all, there is no doubt about the fact that your company is trying to cheat you out of a portion of your indemnity because it must be calculated from the day you started working for them and not from the day the company started to sponsor you.As the salaries of all workers are sent to the bank, you have enough proof of the length of your service with this company and you can take your case to the Labor Office and even the court if the company refuses to give you your full dues.On the same note we would like to mention that all holidays, weekends and official holidays, are to be counted in the service.Even your annual leave is part of the service. The only days that can be deducted from your service is the unpaid leave if you have taken any.If the company does not back down over the above two issues file a complaint against your firm with the Labor Office in your area …and if the Labor Office, for any reason, does not decide the issue in your favor take the company to court.Your indemnity will be calculated as follows:Service start date – April 4, 2000Last working day – August 31, 2016Total service – 16 years, 4 months (approximately)So, you will get 15 days for each of the first 5 years = 75 daysBut these 75 days have to be divided by 26 (working days in a month) = 2.88 months salaryYou will also get one months salary for each year of service after the first five years = 11.33 months salaryTotal = 14.21 monthssalary = 14.21 x KD 300 = KD 4,263And as you have served over 10 years with the company you are entitled to your full indemnity.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

Hi … is it possible now to transfer government project visas to the private sector?Name withh Read More... eldAnswer: We have answered a number of similar questions and in a lot of detail of the last few months. One of these answers is reprinted below for your information and that of the other readers. “It’s now not a question of what your work status is or how long you have spent with the firm on a government project visa … instead what is being considered is whether you were hired for the project from abroad or you joined the firm on a local transfer.“So everything will be in your favor, if you are already in Kuwait and you are planning to join the government project on a local transfer. This means that you should also not have any problems (and that too without having to leave the country) transferring back to a private sector but remember that you will have to work on this government project for at least a year before you can apply for a release. We would like to bring the following to your attention.Over an year ago — in March, 2015 — after issuing a similar verdict on Jan 11 of the same year, Manpower Public Authority Director Jamal Al-Dousary issued an administrative decision allowing some expatriates working on government projects to transfer their visas from one sponsor to another.This made things easy for only some of the expatriates but a lot of them misunderstand the situation and think that there is a blanket ban on transfer of government project visas. But this is not the case and this is where a clarification comes into play and sets the ground rules for the transfers that are allowed.Workers on government projects were in the past only allowed to transfer their visas to different companies but under the sponsorship of the same employer after the completion of their contracts.But now the above decision clarifies that laborers contracted locally from the private sector or transferring from dependent visas can transfer to other sponsors according to the previous conditions, which are:1. Conclusion of the project’s tenure2. Working for at least one year for the first sponsor3. Getting the sponsor’s approval for transferring.So, this makes it very clear that if you transferred to this project locally from another sponsor/company then your transfer is allowed.In the end, as a result of the above decision, we would again like to stress that if you joined the government project on a local transfer you should have no difficulty in transferring your residence to the private sector after one year but if you were hired on this project from abroad then you can forget about transferring to the private sector unless there is a drastic change in the rules … which doesn’t look likely in the near future.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I have been living in an apartment for over 5 years but 2 weeks ago our ceiling in the bedroom state Read More... d dripping water … from a leak from the upper apartment. I informed the harris (caretaker) about the problem and he sent someone to look at the leak but this person could not identify the problem.To-date the water still leaks from the ceiling onto the floor in our bedroom which is a hazard as I have slipped a couple of times on the water. The harris told me that they can’t solve the problem and I have to take care of it at my own expense.My question is that if the water leak is due to a firefighting pipe up in the ceiling or due to the bathroom of our neigbour upstairs, am I responsible to fix the problem or is the responsibility of the tenant. What action can I take?Name withheldAnswer: Tell the harris (caretaker) that it is the responsibility of either the landlord or the tenant upstairs to bear the cost of the repairs in this case although you are the one being affected.You can also tell him that unless the repairs are carried you will stop paying the rent to him and will instead start depositing it with the Rents Court after filing a case there.As the conditions are becoming unhygienic for you to stay in the flat you can also file a report with the Kuwait Municipality in your area.You tell the harris about this also and we are sure that on hearing this the harris will ensure the repairs are carried out …otherwise just file the case with the Rents Court and also lodge a complaint with the Municipality. Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

You have answered this question several times, but since the rules are changing frequently kindly cl Read More... arify this issue for me and those who are like me. I got a driving license on 2-7- 2006 and this will expire on 2-7- 2016. When I got the license I was an accountant. But later on, in 2012, my profession was changed to clerk. Will this affect my license renewal? Name withheldAnswer : No the renewal of your driving license won’t be affect because it is only some categories — driver, mandoub, housewife and student — which are being targeted as regards the change in designations. So, you don’t have to worry about anything. Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I am working in a multinational company, and my monthly salary pay structure is Basic + HRA (House R Read More... ent Allowance). HRA is set by the company as 40% of the basic salary, e.g. the Basic is KD 100 and the HRA (40%) is KD 40 so the total salary for the month is KD 140.My question is that as per Kuwait Labor Law how should the overtime pay be calculated?, should the overtime pay be calculated on the basic salary only or on the gross salary (including HRA) in my case.My company is using only the basic salary for the overtime pay calculation. Not taking into account the HRA for overtime calculation.Please clarify with an example and reply as per Kuwait Labor Law.Name withheldAnswer: Sometimes one is misled by translations of the Kuwait Labor Law, the Labor Law itself and interpretations of the “so-called experts” who know nothing of the law. Now, if one were to read Articles 62 to 68 of the Kuwait Labor Law in isolation one would likely be misled because everywhere it has been mentioned that the calculation of overtime should be based on the latest “remuneration”, which means the basic salary plus all the allowances received at regular intervals.But the ground reality is totally different. Sometimes, one has to seek legal advice to get a clear picture of the law and in this case the advice, which can’t be contested, comes from the Legal Department of the Ministry of Social Affairs and Labor.Before we go on, you have to remember that there is a difference between a salary that an employee receives as a “package” and salary which is broken up every month into basic salary and every other allowance.Now, if a person were receiving a “package”, in which there was no breakdown of the various components, then the overtime calculation would be based on that package. But in case, the salary is broken down into various components, then one should look at the following for the overtime calculation.According to the Legal Department of the Ministry of Social Affairs and Labor, the overtime pay of such employees should be calculated as follows:a) 1.25 times the basic hourly rate for excess hours worked on ordinary daysb) 1.50 times the basic hourly rate for all hours worked on the weekly off daysc) Twice the basic hourly rate for all hours worked on public holidays From the above it is clear that the company is correct and the overtime pay should be calculated on basic salary.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I have been working in a company for the last 8 years 9 months (joined Aug 9, 2007) as an engineer b Read More... ut my services were terminated on April 3, 2016.My salary on my work permit is KD 1,200 and I have 99 days annual leave balance.My questions are as below :1. What are my end of service benefits if I am released on April 30, 2016?2. I have got a job in another company… how many days will it take for me to get a local transfer from the Ministry of Social Affairs and Labor?Name withheld Answer: First of all, we do not understand why you have mentioned the date April 3, 2016 because the company has to give you a three month notice and even if both the parties agree to part ways early, the worker’s service will be counted until the last day of the notice period, which in your case would be July 2, 2016 and as such we will calculate your indemnity until that date.As such, your service will be 8 years and 11 months and not 8 years and 9 months … so you have to also get the indemnity for these additional two months.So, here is the calculation for your indemnity: Total service: 8 years 11 monthsSalary: KD 1,200So, you should get 15 days pay for each of the first five years = 75 days pay but these 75 days have to be divided by 26 (working days in a month) = 2.88 months salaryFor the remaining period you get one months salary for each year = 3.92 months salaryTotal indemnity = 2.88 + 3.92 = 6.8 months salary = 6.8 x KD 1,200 = KD 8,160As your services were terminated, you are entitled to the full indemnity i.e KD 8,160 regardless of the fact that you have not completed 10 years service.Second on the issue of annual leave, you say that you have a balance of 99 days but we feel that you should be getting 5 days more in view of the extra two months of the notice that you had not included in your service.This means your annual leave balance should be 104 days and the amount you should get should be calculated as follows;Annual leave balance: 104 daysSalary: KD 1,200 The 104 days should first be divided by 26 = 4 months salary = KD 1,200 x 4 = KD 4,800 So, you should be paid KD 4800 in lieu of your balance of leaveYour total dues = KD 8,160 + KD 4,800 = KD 12,960On the issue of the time that the Ministry of Social Affairs and Labor will take to transfer your residence, we would like to state that this all depends on efficiency of your new company’s mandoub (company representative).If the mandoub is good, he will only need just over a week (or a maximum of two weeks) to complete the formalities but if he is slow he will take a minimum of one month.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.