How To Resolve An Absconding Report Issue After Contract Completion In Kuwait

Question: What should I do if I've completed my contract but my company reported me as absconding in Kuwait?

Upon completing a contract with a company in Kuwait, it's expected that both parties adhere to the agreed terms, including any provisions for transitioning to another company. However, situations can arise where an employee finds themselves wrongfully reported as absconding, despite having fulfilled their contractual obligations. This situation not only brings undue stress but can also have serious legal implications. Here's a detailed guide on how to navigate such a scenario, ensuring your rights are protected and you can move forward with your career in Kuwait or elsewhere.

 Immediate Actions to Take:

1. Discuss the Issue with the Company's Mandoop: The first step should be to directly communicate with your company's mandoop (a company representative responsible for handling legal and governmental paperwork). Misunderstandings or clerical errors can sometimes lead to wrongful absconding reports. It's possible that the company has motives not immediately apparent, such as avoiding payment of dues.

2. Approach the Public Authority for Manpower (PAM): If discussions with your company don't yield results, your next step should be to approach PAM. You can update your status and explain your situation, providing evidence that the company did not comply with the mandatory notice period or issue a termination letter. PAM can then review your case and potentially mediate.

Understanding Your Rights and Legal Avenues:

1. Seek Legal Advice: Given the complexity of labor laws, consulting a lawyer specializing in Kuwaiti labor law is crucial. They can offer advice specific to your case and guide you on possible legal actions against the company for wrongful reporting and failure to adhere to the contract terms.

2. Gather and Submit Necessary Documentation: Ensure you have all relevant documents, such as contract copies, communication records with the company, and any proof of the notice period breach or termination letter absence. This documentation is vital for legal proceedings and for filing a complaint with PAM.

Planning Your Next Steps:

1. Negotiate a Transfer or Temporary Visa: Ideally, your employer should provide assistance in securing a temporary visa while you find another job or facilitate an immediate transfer if you already have an offer. If the company refuses to assist, this should be included in your complaint to PAM and discussed with your lawyer.

2. Filing a Complaint with PAM: If your employer is uncooperative, filing a formal complaint with the Public Authority for Manpower is necessary. Detail your situation, backed by all available evidence, to initiate an official review and mediation process.

3. Considerations for Leaving Kuwait or Moving to Another GCC Country: Resolving an absconding report is crucial before attempting to leave Kuwait or apply for jobs in other GCC countries. Unresolved issues can lead to travel bans or employment restrictions within the GCC.

Key Takeaways:

1. Act quickly and document all interactions with your employer.

2. Direct communication with the company's mandoop may resolve the issue without further legal actions.

3. Legal advice is crucial in navigating the complexities of labor law and potential court proceedings.

4. Filing a complaint with PAM can help mediate and resolve disputes with your employer.

Being wrongfully reported as absconding is a challenging scenario, but understanding your rights and the steps to address the issue can help mitigate the situation. From seeking legal advice to engaging with Kuwait's Public Authority for Manpower, there are avenues available to rectify the situation and protect your professional future in Kuwait or elsewhere in the GCC.

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