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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hi good morning, I have a question regarding...

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Hi good morning, I have a question regarding absconding case because my company said that if I will not give transfer letter with in 1 week she will fine a case on me absconding because I resign on sept.29 my starting date in the company is July 13,2019 so I didn’t finish my 100 days because of the excess hours that company didn’t pay as overtime you can advise me please what I will gonna do thanks
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I’m in salmiya
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
That only my issue about the company tell to me about that case

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How I know if I have already a case?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Thanks for joining and trusting us, much appreciated! We welcome you to join us in the legal section
We would like to inform you that if you are an expat in Kuwait, according to the Kuwait Residence Law states that only the sponsor who can file an absconding report and he can cancel or waive it. So you have to contact the sponsor for settlement and to cancel the report to remove the ban. As the employer shall be granted a period of (90) days from the date of notification of absenteeism before the internal review. The employer shall be granted a period of (15) days after (90) days to receive the communication and the possibility of amicable settlement with the worker. Labor inspection Prepare an inspection report stating that the worker is not on duty.
In regard to applying the decision to remove the employment registered by the notice absent absent retrospective, had obtained approvals for the transfer or reached an amicable solution with the employers does not apply the law or administrative decisions retroactively and if the worker obtained approval of the transfer or the consent of the employer (amicable settlement) or The cases stipulated in the circular issued by the Director General of the Authority in cases where the conditions for raising absenteeism and addressing the Interior are available. These cases have been addressed to the Interior to raise absenteeism on the basis of administrative instructions and decisions and no provisions may be applied retroactively.
Therefore, you have to prove that the report is not true so you could remove it. You can also query if there is an escape report or not by entering this link
If you have another question, feel free to ask us and we will answer with pleasure.
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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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