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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
Good Evening! I worked in kuwait salon w/c has...
Good Evening!
I worked in kuwait salon w/c has company rules not to use cellphone during duty.
Yesterday though I was not using my phone our mudeera shouted/threatened me to surrender my phone to her and forced me to hold my phone while she took photo of me informing me she'll used it as evidence against me in the company. That harassment on me was witnessed by my salon collegues but did not intervened to avoid trouble. Her anger made me obey all her vicious demands thus my phone was confiscated until now in the company's possession.
By the wayy there's an ongoing class lawsuit or shoon case against our employer involving 18 employees which I'm part of the complainant, therefore I believed they did this to me as retaliation of the case we filed on them.
Questions:
Do my company have the right to confiscate my mobile phone?
Will that photo evidence as company rules violation will have bearings in shoon court against me the fact that it was taken thru intimidation?
Lastly how can I compel my employer to return my phone now I'm just a lowly employee to them.
Thank you Sir.
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
If your inquiry is related to the fact that the manager has taken your phone, even though you have not used your mobile phone, here are the following information:
If there are witnesses to the fact that the manager took your phone without returning it to you, you can go to the police station in order to file a complaint against her accusing her of seizing your phone without legal justification allowing her to do so. Witnesses must do so and also provide their statements in the same complaint that you will file at the police station. The photos taken against you have no legal effect.
Here is the text of the Kuwaiti Penal Code regarding your inquiry:
Article 217
Whoever embezzles movable property owned by others with the intention of owning it is considered a thief.
It is considered embezzlement of any act by which the perpetrator comes out of possession of others without his consent, even if by mistake in which this occurred, to entering it in another possession.
Theft shall not preclude the fact that the perpetrator is a common partner in the ownership of the property. Theft shall also be considered as embezzlement of the seized objects, even if the embezzlement is the property of the owner. Also, the embezzlement of the mortgaged property that is pledged by the mortgagee as a guarantee of a debt against him or others.
Article 219:
Theft shall be punishable by imprisonment for a term not exceeding two years and a fine not exceeding two thousand rupees or either penalty unless the law otherwise provides.
If there are witnesses to the fact that the manager took your phone without returning it to you, you can go to the police station in order to file a complaint against her accusing her of seizing your phone without legal justification allowing her to do so. Witnesses must do so and also provide their statements in the same complaint that you will file at the police station. The photos taken against you have no legal effect.
Here is the text of the Kuwaiti Penal Code regarding your inquiry:
Article 217
Whoever embezzles movable property owned by others with the intention of owning it is considered a thief.
It is considered embezzlement of any act by which the perpetrator comes out of possession of others without his consent, even if by mistake in which this occurred, to entering it in another possession.
Theft shall not preclude the fact that the perpetrator is a common partner in the ownership of the property. Theft shall also be considered as embezzlement of the seized objects, even if the embezzlement is the property of the owner. Also, the embezzlement of the mortgaged property that is pledged by the mortgagee as a guarantee of a debt against him or others.
Article 219:
Theft shall be punishable by imprisonment for a term not exceeding two years and a fine not exceeding two thousand rupees or either penalty unless the law otherwise provides.
الرد من العميل
thanks alot sir i'm enlightened
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
I am happy to receive your inquiry and reply
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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