Legal Advice

Legal advice is the giving of a professional or formal opinion regarding the substance or procedure of the law in relation to a particular factual situation. The provision of legal advice will often involve analyzing a set of facts and advising a person to take a specific course of action based on the applicable law.

I am working with a packaging factory as a Sales Manager. My remuneration package includes a base salary+commissions on a slab basis upon achieving targets on a month by month basis. In addition there are other trading items on which I receive commissions too. The agreement I had with the owner of the company was that I would receive KD 1,000 as a drawing from my accrued commissions every month to supplement my salary.

Over the last 1-1/2 years since the joining of a new GM, he along with the finance manager are trying different tricks in order not to pay me this monthly payment. Initially, the commissions were deemed to be accrued once the finished goods were delivered and invoices sent; however, they added a clause saying that commission payments will only be made after collecting the full invoiced amount. Even after accepting that and having in excess of KD 10,000 in accrued commissions, the GM mentioned that there were a couple of companies that had defaulted on their payments and the entire amount in excess of KD 10,000 was set against my accrued commissions.

My question is whether it is legal for the GM of the company to slide the liability of non paying customers onto the sales team, especially since there has been no mistake on my part while conducting business with said client? If so, is it right on his part to block the whole amount from my commissions which in turn adversely affects my day to day familial expenses? If not, what steps should I take to ensure that I am being treated fairly. Awaiting your reply on the same at the earliest.

Name withheld 
Answer: In accordance with Kuwait labour law, before an employee commences work, he/she must enter into an employment contract with the employer. This contract must be in writing and specify the effective date, terms, remuneration and nature of work. Proceeding from the above preamble, we will argue that if the remuneration package as outlined by you was captured in your work contract with the employer, then it would be wrong for the employer to vary the terms of the contract to his advantage and to your disadvantage.

For the General Manager to slide the liability of non-paying customers onto the sales team means that the team is being asked to take on a duty of debt-collection. In this scenario, the General Manager will be violating the law which clearly states that it shall not be permissible for the employer to assign the laborer to perform work that is not comparable with the nature of the work exhibited in the contract or is not suitable with the qualifications and experiences of the laborer on the basis of which it was contracted. Having established that General Manager is not respecting the law, we can say that it is wrong for him to block the whole amount of commissions due you. We therefore advise that you file a complaint with the Ministry of Social Affairs and Labour through the Labour Department in your area to seek redress.

Source: Arab Times

I just want to inquire if I can apply for a family visa for my husband? and how? thank you!

Name withheld

Answer: No, you can’t. Under Kuwait law it is only the man who can sponsor his family members on dependent visa. You can only invite your husband to Kuwait on a visit visa on condition that you are gainfully employed and earning a monthly salary not below KD 200.

 Source: Arab Times

I have completed 3 years in Kuwait with mazra’a (farm visa). Can I transfer this visa to other category. I have professional (B-Tech) degree certificate.

Name withheld

Answer: Regardless the qualifications you hold, you cannot transfer your farm visa to another visa category. Indeed you can only apply to a different sponsor but on the same farm visa.

Source: Arab Times

Please give me an advice. My wife has been with me for the last three months (dependent visa # 22). Now she got a job offer as a Staff Nurse, is it possible to transfer her residence from 22 to 18? I heard that dependent visa can transfer only after 1 year, she has completed only 3 months. When it is possible to transfer?

Name withheld

Answer: The one-year stay stipulated is required of those without university degrees. If you are however a university degree holder, you can transfer your visa 22 to visa 18 at any point in time.

Source: Arab Times

I am asking this query on behalf of my cousin. She was born in Kuwait in 1978. However her birth certificate has been misplaced. Both her parents have passed away. She does not even know her civil ID number if it was issued at that time. How can she avail her birth certificate? Is it possible? Your advice would be much appreciated.

Name withheld

Answer: With no paper trail and both parents dead, we are afraid, we will be not in position to offer any advice on how your cousin can retrieve her birth certificate

Source: Arab Times

I am 18 years old, and I am a survivor of sexual assault. I saw your ‘Sexual Harassment’ post dating back to the 17th of October 2016, and I would like to address some of my own queries if you will. 7 months ago, I was raped by a stranger who I confided in and believed was a friend. Obviously dealing with rape and any form of sexual assault and/or harassment takes a toll on one’s mental and physical state. It was only recently that I re-emerged into a healthy mindset that I realized what had been done to me is a legal crime and the assailant should be prosecuted. With regards to litigation, I have no knowledge on how to proceed with this. As such, what should I do? How will the process of litigation be conducted? As I am a minor, what is required of me? What will happen once I proceed with filing a report? Will I get in trouble if I report this crime? Please let me know the answers to this question and any extra information that you possess.

Name withheld

Answer: We sympathize with you for the ordeal you went through but applaud you for mustering the courage to come out of the closet to seek justice for the wrong done. We advise that you confide in your parents on what happened to you and convince them to follow you to a police station, preferable a police station in the area where the rape took place, to file a case against the person who subjected to the heinous crime. From here what ever needs to be done the police will advise you on that. Harbour no fears, you will not get into any trouble after reporting the crime.

Source: Arab Times

I am a resigned employee of a private company waiting indefinitely to go on exit after receiving ‘final settlement’. My ‘work permit’ was cancelled in April 2017 soon after the notice period while visa and civil ID is valid up to Feb, 2018. Kindly advise whether it is permitted to travel outside and reenter Kuwait with the visa I am holding now. I have an important family function to attend back home.

Name withheld

Answer: The residence permit is tied to the work permit. This means that if your work permit is cancelled so is your residence permit. However, after the cancellation of the residence permit, a temporary one (visa 14) is given to you to enable you wind up your activities and leave the country.

If you still have your civil ID card with you and the pasted residence permit in your passport is not stamped cancelled, that means your work permit is still intact.

On the other hand, if the work permit was actually cancelled but they failed to stamp your passport cancelled as well as failed to apply for a temporary visa for you, then we are afraid that you are living in Kuwait illegally and must take steps to rectify the situation.

Failing to do this, you risk being deported if you are caught in addition to paying fines for the number of days you have illegally stayed in Kuwait. As for travelling outside Kuwait and returning forget about it if indeed your work permit has been cancelled.

The validity or otherwise of your residence permit can be checked from the Public Authority for Civil Information (PACI) online. If you check and it is intact, it means, your work permit has not been cancelled as alleged and in that case you can travel outside Kuwait and return.

Source: Arab Times


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