I am an overseas hire from India on a company visa for a construction company in Kuwait. I am an engineeer by profession and have completed 3 years and 5 months with this company. Now I have a new job offer and have resigned, besides accepting the new offer. I need advice on the below points:
1) As per labor law am I eligible for a release?
2) My existing/current company says they have a gentleman’s agreement with my new company as they are considered to be competitors so they will not give me a release but my new company has already provided me a written offer letter signed by their MD. They are fully aware of my existing/current company’s name and details.
So will I be able to get a release through the labor court/shoun from my existing/current company and what will be the procedure?

Name withheld
Answer: According to the current law, you are eligible for a release as the limit for people hired from abroad was decreased to 3 years about two years ago. But whether you will be allowed to transfer is a different question. Your current company reserves the right, as the company you wish to transfer to is considered a competitor, to request the Ministry of Social Affairs & Labor (Shoun) not to sanction your transfer if they feel it will affect their business. It will be then upto the ministry to decide. It could reject your firm’s request and sanction your transfer or accept the company’s request and reject the release. It could also ensure that you don’t get a new visa for the company you wish to join.
Secondly if both the firms have an ‘gentleman’s agreement’ not allowing cross-transfers, it is surprising that you have been offered the job.
So, it is possible the firms have opted out of the agreement or decided to ignore it.
The best thing would be to go ahead with your plans but talk with the HR depts of both the firms to find out if there are any ‘hurdles.’

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I want to get some advise from you. I want to ask for a release from my company. I have been working 4 years and 4 months. What is the first move that I need to make?

Name withheld
Answer: All you need to do is give a three-month notice to your company. Even if you were hired from abroad, the maximum you are required – before you can ask for a release – to spend with a company is three years.
After that you need to get a transfer letter from your new employer and get it signed from your current employer.