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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hi good morning, I would just want to ask few...
Hi good morning, I would just want to ask few questions and I know that you can help me or even give me an advice. I am John, a licensed teacher and a master's degree holder and currently working here in Kuwait since last week of January 2020 as salesman. I would like to know if it is possible to resign and to be hired with the other company because to be honest, I am disappointed in our company because they have lots of violations in our contract. Here are some of the violations in our contract1. Accomodation- It was written in our contract that they will be providing a comfortable accomodation or they will give 35kd if they are not able to give accomodation. but when we arrived here, they told us to stay at the rooftop of the store and that is only temporarily.But we are staying here since our first day here in Kuwait and I doubt if they will provide the accomodation because some of our co-employees were living here for almost 10 years. 2. Schedule- It was written in our contract that 8 hours duty and 1 hour break within 6 days but when we arrived here, we are working 9 hours and it becomes worse now because, last month, we are working 10 and half hours without break and starting aug, up to now, we are working from 8:30am-6pm without break and they want us to stay until 6:30pm until no more customer inside the store. We are suffering because many egyptians were already resigned last april and they don't want to hire the number of egyptians who resigned.3. the position- it was written in the contract that we are salesman but unfortunately, we became salesman and labour in this company.4. treatment- they don't even care about us, what is important for them is their profit.Actually, last year when I applied in their company as secretary, after a week they sent me a job order and it was written that I was hired as secretary but when I received my entry visa, I was shocked that my position is salesman, I grabbed it already because I had already paid money for all the requirements needed and I had resigned as public school teacher in Philippines. That time, I was only thinking that the company was good and the most important is my sister is also working here in Kuwait. But unfortunately, they have lots of violations in our contract.Hope you can give me an advice.Thank you very much and God bless!
إطرح سؤالك
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
According to the Kuwaiti Labor Law, the lesson is to submit resignation in front of the direct employer, who is the guarantor, and this is what is legally recognized in the event that you submitted your resignation taking into account the period of notice stipulated by the law at the end of this period, you can leave the job and the employer is not entitled to submit a report of escape against you and if signed, the form of the communication is proven and canceled, and the reward is obtained within a maximum of ten days, taking into account what is stated in the texts of the following legal articles, Article 44
In the event where the term of the work contract is not specified, both parties shall have the right to terminate the same by means of a notice to the other party as follows:
a- Three months prior to the termination of the contract for the workers earning a monthly remuneration.
b- One month prior to the termination of the contract for other workers.
In the event where the party wishing to terminate the contract does not abide by the period of notice, he shall be obliged to pay the other party a compensation for the notification period equal to the remuneration of the worker for the same period.
c- In the event where the notification of termination is issued by the employer, the worker shall have the right to be absent one day or 8 hours per week in order to search for other work. He shall also be entitled to his remuneration for the day or hours of absence.
The worker shall decide on the day or hours of absence and shall notify the employer at least one day prior to such absence.
d- The employer may exempt the employee from work during the period of notification while 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.
Your Answer
- المحامي وليد الحلو11:11 - 23/01/2020
We would like to inform you that according to the Kuwaiti Residency Law established by the expat and about the transfer of residency for workers in the private sector from one sponsor to another, according to Article (18) of the executive regulations of the Foreign Residence Law.
• Application form for sponsorship transfer signed by waiver from the previous and new sponsor.
• Two (2) personal photos with a blue background measuring 6x4.
• Approving the previous sponsor's signature and a copy thereof.
• Original passport of the sponsored person.
• Form of cancellation and transfer of work permit issued by the General Authority for Manpower under a letter issued by the competent immigration department approving the transfer.
• Health insurance certificate.
• Original civil ID (for the sponsored).
• Proof of kinship.
• Civil ID of the sponsor and a copy thereof. You can also access this link and find out the bonus
In the event where the term of the work contract is not specified, both parties shall have the right to terminate the same by means of a notice to the other party as follows:
a- Three months prior to the termination of the contract for the workers earning a monthly remuneration.
b- One month prior to the termination of the contract for other workers.
In the event where the party wishing to terminate the contract does not abide by the period of notice, he shall be obliged to pay the other party a compensation for the notification period equal to the remuneration of the worker for the same period.
c- In the event where the notification of termination is issued by the employer, the worker shall have the right to be absent one day or 8 hours per week in order to search for other work. He shall also be entitled to his remuneration for the day or hours of absence.
The worker shall decide on the day or hours of absence and shall notify the employer at least one day prior to such absence.
d- The employer may exempt the employee from work during the period of notification while 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.
Your Answer
- المحامي وليد الحلو11:11 - 23/01/2020
We would like to inform you that according to the Kuwaiti Residency Law established by the expat and about the transfer of residency for workers in the private sector from one sponsor to another, according to Article (18) of the executive regulations of the Foreign Residence Law.
• Application form for sponsorship transfer signed by waiver from the previous and new sponsor.
• Two (2) personal photos with a blue background measuring 6x4.
• Approving the previous sponsor's signature and a copy thereof.
• Original passport of the sponsored person.
• Form of cancellation and transfer of work permit issued by the General Authority for Manpower under a letter issued by the competent immigration department approving the transfer.
• Health insurance certificate.
• Original civil ID (for the sponsored).
• Proof of kinship.
• Civil ID of the sponsor and a copy thereof. You can also access this link and find out the bonus
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
According to the Kuwaiti Labor Law, the lesson is to submit resignation in front of the direct employer, who is the guarantor, and this is what is legally recognized in the event that you submitted your resignation taking into account the period of notice stipulated by the law at the end of this period, you can leave the job and the employer is not entitled to submit a report of escape against you and if signed, the form of the communication is proven and canceled, and the reward is obtained within a maximum of ten days, taking into account what is stated in the texts of the following legal articles, Article 44
In the event where the term of the work contract is not specified, both parties shall have the right to terminate the same by means of a notice to the other party as follows:
a- Three months prior to the termination of the contract for the workers earning a monthly remuneration.
b- One month prior to the termination of the contract for other workers.
In the event where the party wishing to terminate the contract does not abide by the period of notice, he shall be obliged to pay the other party a compensation for the notification period equal to the remuneration of the worker for the same period.
c- In the event where the notification of termination is issued by the employer, the worker shall have the right to be absent one day or 8 hours per week in order to search for other work. He shall also be entitled to his remuneration for the day or hours of absence.
The worker shall decide on the day or hours of absence and shall notify the employer at least one day prior to such absence.
d- The employer may exempt the employee from work during the period of notification while 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.
We would like to inform you that according to the Kuwaiti Residency Law established by the expat and about the transfer of residency for workers in the private sector from one sponsor to another, according to Article (18) of the executive regulations of the Foreign Residence Law.
• Application form for sponsorship transfer signed by waiver from the previous and new sponsor.
• Two (2) personal photos with a blue background measuring 6x4.
• Approving the previous sponsor's signature and a copy thereof.
• Original passport of the sponsored person.
• Form of cancellation and transfer of work permit issued by the General Authority for Manpower under a letter issued by the competent immigration department approving the transfer.
• Health insurance certificate.
• Original civil ID (for the sponsored).
• Proof of kinship.
• Civil ID of the sponsor and a copy thereof. You can also access this link and find out the bonus
In the event where the term of the work contract is not specified, both parties shall have the right to terminate the same by means of a notice to the other party as follows:
a- Three months prior to the termination of the contract for the workers earning a monthly remuneration.
b- One month prior to the termination of the contract for other workers.
In the event where the party wishing to terminate the contract does not abide by the period of notice, he shall be obliged to pay the other party a compensation for the notification period equal to the remuneration of the worker for the same period.
c- In the event where the notification of termination is issued by the employer, the worker shall have the right to be absent one day or 8 hours per week in order to search for other work. He shall also be entitled to his remuneration for the day or hours of absence.
The worker shall decide on the day or hours of absence and shall notify the employer at least one day prior to such absence.
d- The employer may exempt the employee from work during the period of notification while 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.
We would like to inform you that according to the Kuwaiti Residency Law established by the expat and about the transfer of residency for workers in the private sector from one sponsor to another, according to Article (18) of the executive regulations of the Foreign Residence Law.
• Application form for sponsorship transfer signed by waiver from the previous and new sponsor.
• Two (2) personal photos with a blue background measuring 6x4.
• Approving the previous sponsor's signature and a copy thereof.
• Original passport of the sponsored person.
• Form of cancellation and transfer of work permit issued by the General Authority for Manpower under a letter issued by the competent immigration department approving the transfer.
• Health insurance certificate.
• Original civil ID (for the sponsored).
• Proof of kinship.
• Civil ID of the sponsor and a copy thereof. You can also access this link and find out the bonus
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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