How to Remove Absconding Case in Kuwait?

An absconding case in Kuwait is a report filed by an employer against a foreign employee for 7 consecutive days of absenteeism from work. When this happens, the missing employee becomes an absconder and is liable to face penalties such as deportation, fines, and residency cancellation if the situation is not resolved. In case you are in this position, this article will show you how to remove an absconding status in Kuwait, helping you learn how to protect your legal status and express employment rights in the country.

Understanding an Absconding Case in Kuwait

Kuwait’s employers can file an absconding report if a worker has been absent without valid reason for seven consecutive days. Once the report goes through unchallenged, the reported worker has up to 60 days from the date of the report to contest it. When no action is taken, an absconding case can lead to residency cancellation, fines, or even deportation.

Removing Absconding Case via Employer

Employers can withdraw absconding cases they have filed, making them a quicker alternative for resolving absconding cases. If your employer has filed one against you, we suggest you follow the steps below to resolve it:

• Contact the employer and inform them of your absconding status. Politely ask for clarifications and listen for the reason for the report or whether it was an error.
• If the absconding report was deliberate, negotiate with the employer and provide them with a valid reason for your absenteeism.
• Ensure you reach a mutual agreement with the employer over the issue, error, misunderstanding, or dispute.
• Let the employer withdraw the absconding report by submitting a cancellation request through the Public Authority for Manpower (PAM) portal or by visiting the PAM office.

Removing an absconding report via an employer is only straightforward when the employer is cooperative. If this method does not remove the absconding report, you can proceed to the next method.

File an Objection With the Public Authority for Manpower

If the employer is uncooperative, the worker can file an objection with the Public Authority for Manpower (PAM) by providing evidence that the absconding report is false or unjustified. Here’s how to object an absconding case with PAM:

• Prepare and gather the documents that prove your presence at work or valid reasons for your absence. This may include employment records, communication logs, medical reports, or any relevant documents.
• Visit the nearest PAM office and file the objection within 60 days of the absconding report.
• Regularly check the status of your objection through the PAM portal or by contacting the PAM office.

Know that you can seek assistance from a legal practitioner or from your home country’s embassy to facilitate a quick and smooth address of the situation.

Steps to Take After Removal of Absconding Case

Once you successfully remove an absconding case via your employer or through a filed objection, it is important you take the following actions to further regain your legal standing:

• Residency Renewal: Once the absconding case is removed, ensure your residency permit is renewed or transferred appropriately.
• Employment Transfer: If applicable, proceed with transferring your sponsorship to a new employer.

Measures to Prevent Future Absconding Cases

An absconding case is not something you would like to face again. Hence, we provide you with cautionary measures to prevent a future occurrence of an absconding report:

• Maintain Documentation: Keep records of all employment-related communications and documents to avoid lack of proof for future cases.
• Report Issues Promptly: If facing workplace issues, report them to the PAM before leaving your job to prevent potential absconding reports.
• Legal Awareness: Be familiar with Kuwaiti labor laws and your rights as a worker. This will help you understand your obligations and entitlements, safeguarding you against unfair situations like unwarranted absconding reports.

Conclusion

An absconding case in Kuwait is a situation that can ruin your residency; therefore, it is important to ensure its resolution. As outlined in the article, you can remove an absconding status by seeking the cooperation of your employer or directly appealing it at the Public Authority for Manpower. Finally, the importance of keeping records cannot be overemphasized, as they offer significant leverage for battling absconding cases in Kuwait.