I have been working for a ministry (Kuwait) on an Article 17 visa for the last two years. Now I am p Read More... lanning to start some business here… I have got a sponsor and he is ready to sponsor me to start the business.My concern is working in the public sector… am I eligible to start a business? And can I make an agreement with the sponsor regarding the same? Please guide me: how can I do both the government job and business in Kuwait.Name withheld Answer: No, you — as an expatriate — can’t work in the government sector and also do business. You can only do one of these things…the government is very strict on the issue and even if a person wants to work for another company on a part-time basis or do business he must get permission from the ministry in which he is working. Even the citizens face difficulty in getting this permission, what to say of expatriates. But, you must try to get this permission — there is no harm in trying for it — before you embark on any business because if you are checked working in any place other than for your sponsor you could be arrested and face legal action. Source - Arab Times Note - 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’m writing to you from Wroclaw, Poland. I have a question about power of attorney to made in Read More... Kuwait to sell a real estate property in Poland. The person who wants to give me this power of attorney lives in Kuwait (he is Polish) but the property is in Poland.Buying / selling property in Poland needs a special form. Usually it must be done in notary office (official). If a person wants to give someone a power of attorney to sell his property he has to do it (power of attorney) also in notary office.If Polish citizen lives abroad, for example in Kuwait he must do the power of attorney to sell a real estate in accordance with local law and then he must go to Polish Embassy to testify (apostille).Could you please inform me, what a person needs to do according to the local law in Kuwait to get a power of attorney to sell real estate for someone else? Or please give me a contact for somebody else who can help me?Name withheldAnswer: Please remember that all such documents are subject to law of the country where the power of attorney is to be used and not the country where the person is currently residing. So, in this case also the power of attorney will be subject to the laws of Poland because that’s where it has to be used. Please remember that all embassies provide notary services.The power of attorney can be a general one – to handle all your affairs – or a limited one for a certain purpose, like for selling a certain piece of real estate, so first you will have to decide on that. So, your friend must visit the Polish Embassy in Kuwait to fill up the required form and sign it in the presence of the embassy official who is responsible for the notary services.It is common for some embassies to ask for some personal documents of the person who is giving the power of attorney plus having two witnesses who also sign the document. The person giving the power of attorney must also provide some personal documents, like passport copy, of the person who will execute the power of attorney.Having said all the above, it is better for your friend to visit or call the Polish Embassy in Kuwait to get details of all the required documents (some countries also want photos) so as to avoid repeated visits to the embassy. The Polish Embassy is located in Jabriya, Block 7, Street 3, Villa 20 and the phone number is 25311571. Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I am facing a problem. I have been staying in a flat in Abu Halifa for about 18 years. The haris (wa Read More... tchman) came and told me to vacate the flat as I have been staying without family. Immediately, I told him that my family would come soon. After some negotiation, he gave me 3 months period to bring my family or vacate after 3 months. I discussed the issue with my Kuwaiti colleagues. They told me that Abu Halifa area is an investment area and not a residential area. So, this law is not applicable to Abu Halifa.Moreover, I see 3-4 bachelors’ buildings near my building. How can these building owners rent to the companies accommodating bachelors and this in violation of the law. I request, if somebody can confirm whether Abu Halifa is in investment area or a residential law as far as the Abu Halifa flats are concerned.Name withheld Answer: Abu Halifa may be an investment area but the landlord has the right to decide whether he wants only families to stay in the building, because these families can file a case against the landlord for keeping bachelors in the building.The law on family areas does not cover only areas but also apartments, except in cases or areas like yours where the landlord makes it clear that his building will not only house families. But if, for whatever reason, the landlord gets tenants by telling them the building will be for families only then he can’t house bachelors.Having stayed in the building for so long does not give you the right to break the law. If the landlord only desires to keep families in the building it is his right. He can ask you to vacate by giving you a three month notice which he has done. You can take the case to court but we feel that the proceedings will go against you and you will be asked to vacate the apartment. Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

After my driving test I had the original Istimara (learner’s driving license) and the certific Read More... ate issued by the Kuwait Traffic Department (KTD) confirming that I had been successful in my driving test. Unfortunately, however, I have lost the original set of documents which were initially presented to the KTD. Fortunately, I have a copy of the first page of the documents and this page shows the approval of the director to issue the learner’s license. Under the circumstances, what would be the steps to be taken to get my driver’s license.Name withheld Answer: Please remember that everything is nowadays computerized so you will have no problems in getting a driving license because the General Traffic Department keeps a record of every step after you get the learner’s license. So, please approach the Traffic Department in your area and explain your problem. You should not face any problems, especially since you have a copy of the page showing the director’s approval of your license.Source - Arab Times Note - All the answers were provided by Arab Times Legal Clinic.

I have been working in a general trading company since June 2007. My superiors shifted me from one d Read More... epartment to another in April 2010. I got information from my HR Department that I was terminated (on paper) in March 2010 and rehired in April 2010. They got my signature on the re-hired/contract paper but they didn’t say they had re-hired me. They only said it was a new policy and I had to sign the paper. Will this affect my indemnity?Name withheldAnswer: Yes, it does affect the calculation of your indemnity because for the first five years the calculation is based on 15 days a year and after that you are entitled to one month for each year of service. So, if you are terminated and reemployed your indemnity will again be calculated on the basis of 15 days per year. And you have made things worse by accepting the termination and the new contract. You could go to the Ministry of Social Affairs and Labor with a complaint but you are in a “catch 22” situation as you could lose your job. So, it’s up to you to decide.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic.

I am an expatriate in Kuwait and have been here for almost 9 years. Most of the time when I am going Read More... somewhere I ride a taxi to safely reach my destination, especially when I am going to work. I am staying in Salmiya and my job site is in Dajeej, Farwaniya.Once, when I was going to work and riding a taxi, the taxi driver did not use his meter. When I reached my destination and paid him KD 1.500 he asked me in a rude manner why I had only paid him that amount. I told him I am paying the same amount all the time (since I am using a taxi everyday going to work).The taxi driver said he wanted more because he said we traveled one hour, the truth is we only traveled from Salmiya to Dajeejin only 35 minutes. Now my question is: in such cases whom should we approach to report this kind of behavior of taxi drivers? The taxi drivers should ask for money in a proper way and not scream and yell at the passengers for an additional 500 fils.Name withheld Answer: Please remember that you can easily take such taxi drivers to task by filing a complaint against them with the Kuwait Traffic Department, through the Ministry of Interior. The procedure is simply…first go to the Ministry of Interior website http://www.moi.gov.kw/portal/ven glish/ and after that go to “contact us” where you can lodge a complaint on the form provided by the ministry. While filing a complaint you will have to give all the details, including your name, e-mail, and phone number. You should give details of your problem, plus the taxi number etc. The ministry will then contact you and take action on the complaint.Source - Arab Times Note - All the answers were provided by Arab Times Legal Clinic

I have been working as a physiotherapist in a home care center since 17- 07-2012. From 17-07-2012 to Read More... 09-11-2014 I was on an Article 20 visa for domestics (2.4 years). From 11-11-2014 onwards my visa was changed to an Article 18 visa — work permit (6 months). I am also a MOH license holder. I am planning to get a release on or before 10-11-2015. Am I eligible for a release? If my company refuses to release me what should I do to get a release? Is it a problem that I stayed and worked on an Article 20 visa?Name withheldAnswer: As you are a local transfer you will be eligible for a release as soon as you finish one year with the company and you can’t be stopped from transferring to another firm. If the company refuses to give you a release you can file a complaint with the Ministry of Social Affairs and Labor, through the Labor Office in your area and the transfer will be sanctioned. But please remember that you were wrong to have worked while on Article 20 but since you rectified your situation some time back you will not be penalized for this violation.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic

Kindly calculate my indemnity and leave salary. Joining date 01-05-2006 Resign from 01-06-2015 Salar Read More... y basic KD 225 per month Allowance KD 15 per month Every year the company gives me commission and incentive This time the company paid KD 500 for the fiscal year ending June 2014. Leave: 1 month paid leave per year.Name withheldAnswer: First of all, please remember that commissions don’t count in the calculation of the indemnity, only the basic salary and all the allowances that you get regularly. In your question you have not mentioned the amount of bonus that you receive per year or have received this year. Secondly, you have also not mentioned that type of allowance that you receive, because not all (although most of them) allowances are counted in the calculations of the indemnity and also the annual leave payment. So, in absence of the above information we can’t calculate your indemnity nor the annual leave payment.Source - Arab TimesNote - All the answers were provided by Arab Times Legal Clinic

The reason I am contacting you is to find out if you can point me in the right direction. Recently I Read More... was having a meal at a restaurant in Salmiya, on Baghdad Street. After finishing my food I was disgusted to find a cockroach at the bottom. I tried to call the Kuwait Municipality 50 times on 1855550 but I nobody picks the phone. If you could point me in the right direction it would be fantastic. If required I have pictures of the mentioned subject.Name withheldAnswer: There are a number of things you can do to file your complaint.1. You could file a complaint on the Municipality website www.baladia.gov.kw but you will need a person who is well versed in Arabic to help you out in negotiating the website2. You could call any of the following numbers and ask to be connected to the complaints department: 22449001 or 224490023. You can contact the emergency number 139 In all cases you will need someone who can speak Arabic to help you out.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.

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 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 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 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 .