I am facing a job release problem and would like you to guide me.

Please allow me to introduce myself. I am an Indian citizen with a transferable Article 18 (since my first entry in Kuwait). I reside in Abu Halifa and I am in Kuwait since 8 years. I live here with my wife and daughter.

I am currently working in a company in Wafra and have finished one-and-a-half years. I was appointed via an energy company. Recently I received a good job offer. When I e-mailed my superior, he advised me to directly contact the hiring dept as I was appointed by them. On doing so, they strictly asked me to give them a notice of 3 months as per Kuwait Labor Law. I am willing to give a one-month notice and furthermore, take full responsibility of training a new person. Yet the firm does not understand and is not cooperative.

When I joined this firm, I had given a one-month’s notice to my previous company and they had accepted. I do not know whether there is such a law of a 3-month notice.

My new company cannot wait for 3 months and they have also asked me to join them within a month.
I need your guidelines on how to deal with this problem.

Name withheld
Answer: Your company is right. The current Labor law, enacted on Feb 20, 2010, calls for both sides (employer and employee) to give a 3-month notice on termination of jobs.

Initially an employee could give a lesser notice and pay an amount, equal to his salary for the remaining part of the notice period.

Now, after complaints by a number of companies, the Minister of Social Affairs & Labor issued a decision in which the 3-month notice was a must unless the company agreed to a lesser period. It will not allow you to transfer to another company unless this condition is fulfilled.

So it is better to discuss the issue with your company so that your transfer is possible. There is nothing else you can do.