logo
Know Your Legal Rights in Kuwait: Absconding Threats After Termination

Know Your Legal Rights in Kuwait: Absconding Threats After Termination

Arab Times2 days ago
Dear Arab Times legal team
I was terminated by my previous employer, with my last working day being May 2, 2025. Fortunately, I secured new employment right away and began working with my current company on May 4, 2025. I'm presently in the middle of my 100-working-day probation period and have completed around 2.5 months so far.
However, the HR manager from my former company is now threatening to file an absconding case against me if I don't transfer my residency by the end of this week. Given that I was officially terminated (and have a termination letter as proof), can she legally take such action? And if she proceeds with filing an absconding report, what steps should I take to protect myself?
Answer:
No, your ex-employer cannot legally file an absconding case if:
You were terminated (which you were — and have a termination letter).
You are not illegally absent, i.e., you did not disappear from work without notice.
However, some unethical companies do abuse the absconding system to pressure former employees. Here's how it works and what you can do.
Kuwait Labor Law Overview (Private Sector):
1. Residency & Work Permit Transfer:
After termination, the employer is legally obligated to cancel your work permit or transfer it to a new employer within 90 days of the permit expiry or cancellation notice.
You are not considered "absconding" if your old employer terminated you and you have documentation.
2. Absconding Case (Article 42 of the Labor Law):
The law allows an employer to report an employee only if the employee stopped reporting to work without informing them and has not been found for 7 consecutive days.
You were terminated, and you have a termination letter. You're working for a new company. Therefore, this doesn't apply.
3. The Threat:
If your ex-HR manager files an absconding case despite terminating you, she's making a false report, which is illegal under Kuwaiti law. However, you must act fast to protect yourself.
What You Should Do Now:
1. Transfer Your Residency ASAP:
You're nearing the 90-day mark. Your new employer must complete the residency transfer this week if possible. This will close the door to any threats.
2. Keep All Evidence Safe:
Your termination letter, WhatsApp chats or emails, your new work contract, and anything showing you're currently working — keep them ready.
3. Visit Shoon (Ministry of Labor):
If she files an absconding case, go immediately to the Labor Ministry or Immigration and present your termination letter and proof of new employment.
The case can be canceled if proven false, and hers can be legally challenged.
4. Have Your New Company HR Assist:
Ask your current employer's HR to expedite your transfer and help in case anything is reported. They can also provide documentation showing your employment started May 4, 2025.
.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Know Your Rights: A Guide for Exploited Delivery Drivers in Kuwait
Know Your Rights: A Guide for Exploited Delivery Drivers in Kuwait

Arab Times

time5 hours ago

  • Arab Times

Know Your Rights: A Guide for Exploited Delivery Drivers in Kuwait

In the scorching streets of Kuwait, thousands of home delivery drivers—many employed through subcontracting companies are being pushed to the brink. Forced to work up to 14 hours a day without breaks, denied rest in extreme heat, and threatened with salary deductions for taking even a few minutes off, these workers are trapped in a system that disregards labor law and human dignity. Behind the convenience of food delivery lies a deeply exploitative structure where third-party agencies squeeze workers for maximum output while evading accountability. Dear Arab Times Legal Team I work as a home delivery driver under a third-party company contracted by a Famous Food Delivery Company. We are being assigned daily shifts of up to 14 hours without any breaks, even during the extreme summer heat. This is not just my case—it's the same for all car drivers. If any of us take a short break or request a day off, the subcontracting companies penalize us by deducting money from our salaries. As a result, we are not receiving our full wages despite working long hours. They have also implemented a 'batch system,' where even a 5-minute break results in a downgrade and further salary cuts. This feels like forced labor, and we are under constant pressure and fear of financial punishment. I have attached a screenshot as proof of our work assignments. We seek help to stop this exploitation. Violations by Subcontracting Third-Party Employers Working Hours Limit (Kuwait Labor Law - Article 64): The maximum legal working hours are 8 hours per day or 48 hours per week. Anything beyond this is overtime and must be paid extra with the employee's consent. Mandatory Breaks (Article 66): Employees must be given at least one hour of rest after 5 continuous hours of work. A 14-hour continuous work shift without a break is strictly prohibited under Kuwaiti labor law. Salary Deductions (Article 48 & Article 70): Employers cannot deduct wages unless authorized by law or a court order. Penalizing drivers by reducing wages for taking a short break (even 5 minutes) is illegal. Any batch system used to penalize workers outside of legal guidelines is not permitted under labor law. Paid Leave Rights (Article 70): You are entitled to paid weekly rest and annual leave. Punishing drivers for taking rest days is against the law. What You Can Do: File a Complaint at Shoun (Labor Relations Department): Visit the nearest PAM (Public Authority of Manpower) labor office. Bring a copy of your employment contract and proof of salary deductions or assigned working hours (screenshot, messages, shift plans). Mention the name of the third-party company working under main Delivery Company Call the Labor Helpline:

Kuwait tightens grip on foreign property access
Kuwait tightens grip on foreign property access

Arab Times

time21 hours ago

  • Arab Times

Kuwait tightens grip on foreign property access

KUWAIT CITY, July 16: In a new regulatory move aimed at organizing the real estate market and improving the investment environment, Minister of Justice Counselor Nasser Al-Sumait announced that a draft decree has been submitted to the Fatwa and Legislation Department regarding controls on real estate ownership by foreigners through companies listed on the Boursa Kuwait and real estate funds. Al-Sumait explained that the draft decree was prepared under the provisions of Decree-Law No. 7/2025, which regulates real estate ownership, and is now pending approval by the Council of Ministers. The objective is to strike a delicate balance between attracting organized real estate investment and protecting the demographic structure as well as preventing the exploitation of residential properties for purely commercial or investment purposes. The decree takes into account the legal frameworks specific to citizens of the Gulf Cooperation Council countries and preserves the privileges granted to them regarding real estate ownership in Kuwait. The decree includes the following articles: Article 1: Companies listed on the stock exchange with non-Kuwaiti shareholders, as well as licensed real estate funds with non-Kuwaiti unit holders, may own real estate if their objectives include real estate dealings. The provisions of this paragraph do not affect the right of units supervised by the Central Bank of Kuwait or others to own real estate, per the law of the Central Bank of Kuwait or any other applicable legislation. Article 2: Persons licensed by the Capital Markets Authority (CMA) to practice the activity of investment portfolio managers may open and manage investment portfolios for non-Kuwaiti clients. These portfolios may include securities issued by companies listed on the stock exchange whose objectives include real estate dealings or units of real estate funds. Article 3: Listed companies, real estate funds, and investment portfolios licensed by the relevant regulatory authorities in Kuwait are prohibited from engaging in any transactions involving real estate, plots, or land designated for private residential purposes, whether by sale, purchase, mortgage, transfer of rights, authorization to dispose of the property to a third party, or acceptance of such authorization on behalf of a third party, except for the exceptions granted to units supervised by the Central Bank of Kuwait or any other exceptions specified by law. Article 4: Ownership of any real estate shares in kind may not be transferred to non- Kuwaitis in the event of the liquidation of a listed company or real estate fund, without prejudice to their right to receive an amount equivalent to their share of the liquidation proceeds, unless they have legal grounds permitting such ownership following the applicable laws. Article 5: The provisions of this decree shall not affect the treatment of Gulf Cooperation Council (GCC) citizens as Kuwaitis, per the relevant regulations. Nor shall they affect any provisions regulating real estate ownership contained in other laws. Such cases shall remain subject to the provisions of the laws, regulations, and decisions governing them. Article 6: Each minister, within their respective jurisdiction, shall implement this decree, which shall take effect from the date of its publication in the official gazette 'Kuwait Al-Youm'.

Kuwait and India strengthen civil aviation ties with new MoU
Kuwait and India strengthen civil aviation ties with new MoU

Arab Times

timea day ago

  • Arab Times

Kuwait and India strengthen civil aviation ties with new MoU

NEW DELHI, India, July 16: The Directorate General of Civil Aviation (DGCA) of Kuwait, led by its President Sheikh Humoud Mubarak Humoud Al-Sabah, held official talks on Tuesday in New Delhi with Indian civil aviation authorities headed by Samir Kumar, Secretary at the Indian Ministry of Civil Aviation. The meeting, held in a cordial and constructive atmosphere, reflected the commitment of both countries to strengthening bilateral cooperation in the civil aviation sector. Sheikh Humoud told KUNA that the talks fall within the framework of joint efforts to enhance aviation ties and address shared objectives. Discussions focused on exchanging technical expertise, reviewing recent developments in the air transport market, and exploring strategies to align the civil aviation sector with evolving passenger needs and future challenges. A key outcome of the meeting was the signing of a new memorandum of understanding (MoU), aimed at advancing mutual interests and supporting the air transport markets of both nations. The agreement includes provisions that promote connectivity, operational efficiency, and sectoral growth. Both sides commended the longstanding and friendly relations between Kuwait and India, reaffirming their mutual interest in expanding cooperation across various domains of civil aviation. Present at the talks were Kuwaiti Ambassador to India Meshal Mustafa Al-Shemali, Chairman of Kuwait Airways Abdulmohsen Al-Faqan, Chairman of Jazeera Airways Marwan Boodai, alongside representatives from Kuwait's Ministry of Foreign Affairs and a technical delegation from the DGCA.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store