Hello sir this is Beyene from ethiopia

Welcome, Thank you for joining us,

According to the mentioned facts, I would like to clarify to you that Pursuant to the Resolution 842 of 2015 in the following articles, it is permissible to transfer to another job from the private sector under the following conditions:

Article (1)

The applicant workers may transferred based on work permit in the private sector according to the following regulation:

1- One year after the date of issuing the work permit.

2- The employer's consent to transfer to another employer

Article(5)

Work permits may be transferred without the condition of the period based on the consent of the employer in the following cases:

1-transfering the local laborers at all sectors except for the work permits for the local laborers in the sectors mentioned in Article 3 of this regulation and the local laborers with governmental contracts shall be transferred after one year from the date of issuing the work permit

2-lequidating the institution, bankrupting, merging it with another, changing its legal status, transferring it by succession, will, gift, sale, assignment or other legal acts, provided that it should be evidenced by a document issued by a judicial or administrative entity.

3. Transferring civil or government workers to the private sector and vice versa, taking into account the regulations in force at the Ministry of the Interior.

Article (6)

The cases in which transferring is permitted based on the regulation of this law, the worker may request to transfer his employer after three years from the date of issuing the permit without referring to the employer, and the following condition should be taken into consideration:

1-the employer should be granted a notification period stipulated in Article 44 of the work in the civil sector No.6/2010

2-the the competent work administration make sure that the worker provides a copy of the notification for the employer once submitting the application to transfer the work permit.

If the worker fails to provide the employer with the notification period as stipulated in article 44 of the said law, he should file a work dispute complaint at the Labor Relations Department to notify the employer. The date of registration of this complaint is the start of the notification period. The worker may not submit a report of interruption or stopping absence of work during the period of warning prescribed by law, and any other report or  communication submitted during the said notification period shall not be taken into account.

Article (7)

the cases in which the work permit may be transferred in accordance with the provisions of this law, the disputes of work permits submitted by the employee shall not be considered before one year from the date of issuing the work permit and the authority may approve or reject the request of  transferring the work permission presented by the employer, without the consent of  the employer, after considering the dispute with the competent department

Article (8)

The residence permit may be transferred to work in the civil sector for those who have spent a continuous year of residence in the country, taking into account the procedures followed by the Ministry of Interior.

Article (9)

It is not permissible to transfer the laborers  with invitation cards to work in the private sector, except for the workers who came by a commercial invitation cards to work with the employers associated with the contracts with the US Army. The transfer shall be according to the following conditions:

1. The transfer shall be for the same contract of the worker.
2. Payment of an additional fee of two hundred Kuwaiti Dinars.

3 – the Commitment to national employment rates specified by the decisions of the Ministry council.

Article (10)

It is not permissible to transfer domestic workers to work in the private sector. Domestic workers who have been transferred to work in the civil sector shall not be transferred before the application of the provisions of this decree   until after three years since the date of issuance of the work permit issued to transfer.

Article (11)

The cases in which the transfer may be permissible in accordance with the provisions of this resolution, and subject to the provisions of Article 32 of Law No. 6/2010 regarding the work in the civil sector, the General Authority for Labor Force may authorize the worker to work with another employer when he starts working for him during the probation period stipulated in the said article for the following conditions:

1. The consent of the employer registered in the worker’s file to transfer his work permit to work with another employer.
2. The new employment contract should include working for a probation period not exceeding 100 days.
3. Issuing a permission to work during the probation period by the competent administration before start working with the new employer.
4. The need of the new employer should be estimated to add new employment to his file.