I need some help for my friend. She is working in a restaurant in Kuwait for the past five years. She has an offer to work for a new company, but the old company will not grant her a release. She filed a case with the labor court in August 2011. The labor court has called her old sponsor many times to give her the release, but they still refuse. Her visa expired last month.
The labor court has given her a temporary tourist visa.
What can she do? I think the labor court must grant her a release. The old sponsor refuses to answer the case she has filed and the shoun (Ministry of Social Affairs & Labor) is telling her there is nothing they can do.
Any idea where she can turn for help?

Name withheld
Answer: If the old sponsor doesn’t come to the Labor Office, the Ministry of Social Affairs & Labor should automatically decide the case in her favor and grant the release. We don’t know what it is waiting for and if for some reason it can’t then the case should be sent to a judicial court. And if the Labor Office doesn’t send the case to court, your friend can file the case herself.


Release/Foreign hire


I am currently working with a private company in Kuwait and have completed 2 years 3 months till date with them (from June 2010). I was brought from abroad on a company commercial visa and then transferred to work permit (Article 18). I am a degree holder and my degree certificate was attested before my coming to Kuwait on the commercial visa during this time, I took my first year annual leave on Aug 2012. So, I still have a balance of annual leave for my first year (leave for 2011). Now I would like to resign from this company and join another company. Do I have the right to get a release since am a degree holder, but only 2 years 3 months have passed. I have heard that a degree holder can get a release after one year, but I have a doubt, because I was brought from abroad on a company visa. Also, do I have the right to get pay for all the unavailed annual leave. I have a doubt that my company will not release me if I submit my resignation and ask for a release. Considering the above am I eligible to approach the Ministry of Labor (shoun) in Kuwait if the company doesn’t give me a release?

Name withheld
Answer: It doesn’t matter if you are a graduate or not, you will not get a transfer if you resign before completion of three years or the company doesn’t give you a release. Before completion of this period a release is a must. Yes, graduates can transfer after completion of one year but only with a release.
There is nothing you can do about it and even if you approach the Labor Office, nothing will be done as the company is within its rights to refuse you the release.
Secondly, on the issue of payment for unavailed annual leave ... this is your right and the company has to pay you whenever you leave the firm.