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Decrees merged to form residence transfer policy
August 27, 2015, 8:18 am

Manpower Public Authority (MPA) recently issued a decision to regulate the process of expatriates’ residence transfer from one employer to another in various sectors, reports Al- Anba daily quoting an official source from MPA. He revealed that MPA studied several ministerial decrees related to the transfer of residence in each of the sectors and decided to merge all the decisions into one.

The source explained that one of the new important conditions included government contracts, whereby technical workers registered under a government contract and hired on a work permit can transfer their residence to work on another government contract of another employer with the consent of the two employers.

However, the first employer must cancel the registered laborers on government contracts who are eligible to transfer their residence. Employers can also transfer workers from one government contract to another.

However, the decision prohibits the transfer of laborers recruited on work permits to work in the Free Trade Zone or for foreign investors who are engaged in economic activities stipulated in Law 116/2013 on promoting direct investment in Kuwait. The employers can cancel the work permits of these workers so that they can leave the country after the end of their employment contracts. The decision allows transfer of workers in the private sector after one year upon the approval of the employer.

However, this period will not apply for workers recruited from outside the country on work permits when transferring residence for all sectors except industry, agriculture, herding and fishing. Workers on government contracts are eligible to transfer their residence, provided they complete one year of employment.

Workers are eligible to transfer residence in cases such as dissolution, liquidation or bankruptcy of the establishment in which they are employed, its mergence with another establishment, change in its legal form, when passed on as inheritance, when transferred to others as gift, when sold or any other legal actions, provided a judicial or administrative body issues a document to verify the reason. Employees in the government sector can transfer to the private sector and vice versa, provided the regulations of the Ministry of Interior are applied.

Workers can transfer residence from one employer to another in the private sector without the employer’s approval after three years of employment, provided they send a 90-day prior notice to the employer and the concerned labor department receives the transfer application along with a copy of the notice sent by the worker to the employer. If the employee fails to prove that, he should file a complaint of work permits dispute to the Department of Labor Relations in which he notifies the employer.

However, disputes submitted by employees will not be accepted within one year from the date of issuance of a work permit. The relevant administration will discuss the submitted disputes and decide whether to approve the request to transfer or not. Residents on family visa can transfer their visa to work in the private sector after completing one year of residence in the country, taking into account the applicable procedures of the Ministry of Interior.

The decision prohibits expatriates who are visiting the country to transfer to the private sector unless they came on commercial visas to work for employers who have contracts with the US Army and provided that the residence is transferred on the contract and upon payment of an additional fee of KD 200 by the employer as commitment rate for employment. Domestic workers, under no circumstances, can transfer their residence to private sector. However those who transferred prior to the application of provisions of the decision shall be eligible to apply for transfer after three years.

In accordance with the provisions of the decision and in compliance with Article 32 of the private sector labor law, the Manpower Public Authority has the right to allow a worker to work for another employer during the probationary period stipulated in the Labor Code under certain conditions including the consent of the first employer. The probation period shall not exceed 100 days and a work permit should be issued by the concerned administration before the worker starts working for the new employer.

Source: Arab Times

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