Kuwait Again Promises to Abolish the Sponsorship System, Set Minimum Wage for Migrants

April 2nd, 2010

Kuwait Legislation Sponsorship

Kuwait’s Minister of Social Affairs and Labor Dr. Mohammed Al-Afasi announced this week the government’s intention to set a minimum wage for expatriate workers. In addition, Al-Afasi said that his ministry is in the process of creating an independent labor authority, which will eliminate the need for locals to sponsor migrant workers. According to him, the government has already enforced several regulation that would abolish the Sponsorship system.

While we are encouraged by such proclamations, we offer our readers to remain cautious. It is hard to forget that Dr. Al-Afasi announced plans to abolish the sponsorship system months ago, and yet Kuwait’s new labor law, which passed in December 2009, did not include this necessary change. The law also did not set a minimum wage for private sector workers (most of whom are expatriates). We hope that this time, the announcements coming from Kuwait’s government will materialize.

3 Comments

comments

  1. xavier

    April 3, 2010

    Dear Sir, These type of announcements keep coming in Kuwait every now and then to shut the mouth of the human rights groups. The rights of the workers here are neither guaranteed nor protected. I am a victim of this sponsorship system. Its typically a slavery.

    Here is my story.

    Sir, Here I would like to bring to your notice the injustice done to my by my ex-company by filing an absconding case.

    I was terminated from my company in the month of March 2009 and served one month notice period. I filed a complaint in the labour office for my benefits and for the release of the passport on the last working day as per the termination letter. There were four hearing in the labour office and later the matter was refered to the court in Riggae. The case is still going on in the court and I have my next hearing on 24/04/2010.

    Meanwhile, I got release papers signed by my company in July 2009 and gave it to my new company. Due to some managerial issues, my new company was unable to transfer my residence immediately. I was under the impression that the company cannot take any actions against me as I was the first to file a complaint in the court and that the case is ongoing in the labour court. My residence expired in the mid of February and I got the new work permit (IZNIAMAL) in the end of February from the new company.

    When my new company went to the immigration department for making residence, they were told that there is an ABSCONDING CASE against me and that they cannot transfer my residence.

    I really wonder on what grounds the company has filed an absconding case against me and on what basis the police has acknowledge their complaint and filed an absconding case against me. Is this what the justice? Like my case, many of our fellow migrants are suffering here in jails due to false accusation of absconding.

    Even if any individual wants to file any criminal charge or civil charge againt any one, the police will summon the other party to station and hear their part first. If only they dont appear in the police station, they will file a case.

    What are the procedures followed in the police station before filing any absconding case.

    As a human being, dont I have a right to claim my rights in a legal way? Is this a punishment for approaching the legal authority.

    How a company without any conscious file an absconding case even after terminating an employee and after signing a release paper file an absconding case?

    Though I have the court papers and the new work permit from the new company, I am not able to process the immigration procedures.

    Right now I am under the threat of being caught by the police and deported.

    Sir I kindly request your help in overcoming this problem through your valuable guidance and support. I have my family here and having two kids.

    This is what the condition of millions of workers in Kuwait. No freedom of movement. Though we approach the Labour department to file a case aganist the employer for various issues like Delayed payments, non payments, benefits, release etc, it is an herculian task to succeed in filing a case. We will be kicked from pillar to pillar like a foodball and takes days to come up with the court hearing. At one point of time, a labour officer who was hearing my case told me to accept whatever the company is to offer me (only 50% of what I have to get). He told me that I should be a stupid to refuse the company’s offer as it will take years to complete the case in the court.

    The company can file an absconding case at anytime at their decretion. The police doesnt verify the case and simply file the absconding case. The phenomenon of “Wasta”| – Recommendation plays a major role in filing false cases against the workers.

    Either it be in Kuwait or in other GCC countries, the sponsorship system can never be abolished. Many Locals are making “Visa Traficking” as a major business and the thrive out of it.

  2. BIRD

    April 22, 2010

    I am 200% agreed with Xavier. Sponsorship is not more then modern slavery system.
    Whatever you earn whole year. Pay back to your sponsor or sponsor will send you in hell.

  3. alvin

    June 26, 2010

    sir im working in a private company for 3yrs and 1 and haft months, i go to my company and file my resignation bec i want to transfer work, the hr uman resourses told me that if i want to file a resign 3 month notice but if i want to release i must file my resignation 3 months before my 4rt yr in tne company and my 4rt yr is may 2011 and my visa will expire on april 2011, sir what is the Best way that i can do to tranfer my sponsorship.

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