A Kuwaiti court has ruled in favor of a worker who had filed a complaint over unpaid salaries, ordering the employer to pay the employee’s outstanding dues and allowing the transfer of his residency permit to a new sponsor without the employer’s consent.

The case arose after the employee repeatedly requested payment of his unpaid salaries without receiving any response. Following these attempts, he sought to transfer his residency permit to another employer, invoking regulations set by the Public Authority for Manpower (PAM) that protect workers in cases of delayed salary payments. The employee testified that he was taken aback when his employer filed an absconding report against him shortly after his requests for salary payment. His employer also refused his transfer request, citing concerns that the employee had access to trade secrets and might join a competing company.

During the proceedings, the worker presented evidence including his employment contract, bank statements demonstrating non-payment, a copy of his labor complaint, and correspondence with the company related to his claims. The company countered by arguing that the employee had voluntarily abandoned his job and should be required to reimburse costs associated with recruitment, training, and travel. The employer maintained its position of denying the transfer, emphasizing its apprehensions about the employee moving to a rival firm.

The court rejected the company’s contentions regarding the absconding report and repayment of recruitment expenses, ruling that the employer’s failure to pay due salaries constituted a contractual breach. It affirmed the employee’s right to transfer sponsorship without the employer’s consent under the applicable labor regulations. The ruling underscored that salary is a fundamental right that must be protected.

As part of its decision, the court ordered the company to settle six months of unpaid salaries, provide a full indemnity for the employee’s four years of service, compensate for unused leave days, and pay for overtime work. The judgement dismissed all claims by the employer related to the employee’s alleged absconding and financial responsibilities.

This case highlights the judicial enforcement of labor protections in Kuwait, particularly regarding unpaid wages and employee transfer rights under PAM regulations.