I am an Indian worker and have been working as a waiter in a restaurant for the last 4 years (since February 2009). My company does not follow the labour law, so there is no notice period, no service, no indemnity, no paid leave, no weekly off … practically nothing. I am getting only my salary without any other benefits. I was hired directly from India on a commercial visit visa and then within three months I was transferred to a company visa. I am not happy with my current job.
So I have been trying to find a better job in another company. But the problem is that I can’t get a release from my company because they do not release their employees, and also I don’t know about my contract as our company did not give us a copy. I want to know what are my legal rights and how can I get a release from my company without any trouble as also they are said to have a very big wasta in the Kuwaiti government.
Answer: The company can’t stop you from resigning because you have already spent more than the required three years for such a transfer if you are hired from abroad. That is the law. If the company refuses to release you, file a case immediately with the Ministry of Social Affairs and Labour, through the Labour Office in your area. If you feel that your sponsor is using wasta (influence) to obstruct the proceedings, you can also file a case in court against your firm. While filing the case with the Labour Office, don’t forget to claim all your rights—money for all the days off, weekends, overtime etc for which you were not paid.