Transferring an Expatriate Worker to a New Employer in Kuwait: When Consent Is Needed, What If the Employer Refuses, and What About a Pending Labour Case?

Introduction: why an employer's refusal is the critical moment in a transfer

An expatriate worker arrives in Kuwait on the strength of an employment contract with a specific employer, and the residence permit is built on that relationship. When a better opportunity appears, or the relationship with the current employer deteriorates, the first question is almost always the same: can I move to another employer without the first employer's permission? The answer sits where the Private Sector Labour Law, Law No. 6/2010, meets the administrative rules set by the authority responsible for the workforce and by the residency department of the Ministry of Interior. It is not enough to ask "is it allowed?". The useful questions are "by what route, with what paper, and what do I lose if I take the wrong route?"

The most common mistake runs in one of two directions. Some workers believe that an employer's refusal to sign is the end of the road. Others believe they can simply walk off the job and join a new employer whenever they like. Neither is accurate. The system sets a general rule that the current employer's consent is needed for an ordinary transfer, then recognises exceptions that protect the worker when refusal is abusive, when the relationship has broken down because of the employer, or when a labour dispute is pending. Between the rule and the exceptions lies a wide band of detail that depends on the facts of each case.

This article approaches the transfer from a practical angle: what is the baseline, when is consent required, what can the worker do if the employer refuses, how does a pending labour case, an absconding report or a travel ban affect the request, and which financial rights survive the move. To avoid repetition, it does not retell what we covered in our article on transferring sponsorship and residence in Kuwait or in our article on travel bans on expatriates. It concentrates on the questions of consent and refusal.

Quick answer

• Baseline: moving a private-sector expatriate from one employer to another is lawful, but it runs through the competent workforce authority first and the residency department second. An agreement between the worker and the new employer alone is not enough.
• Current employer's consent: this is the starting rule for an ordinary transfer, and it is recorded with the competent authority as a consent or release.
• If the employer refuses: refusal does not automatically close the door. There are situations in which the rules permit a transfer without consent, and there is the labour complaint route to the authority and then to the courts where refusal comes with a breach by the employer.
• A pending labour case: it does not necessarily block the transfer, but it affects the procedure. The file may be held until the dispute is resolved or settled, and the parties may be asked to clear the worker's entitlements first.
• Financial rights: unpaid wages, end-of-service indemnity and leave pay are statutory rights. They do not disappear because the worker moves, and a waiver should never become the "price" of a signature.
• The costliest error: leaving the job or stopping attendance before the procedure is complete. That can lead to an absconding report, a stalled transfer and a complicated residence position.

The legal framework: who governs the relationship and who decides

The Private Sector Labour Law, Law No. 6/2010, regulates the relationship between worker and employer: the contract, wages, leave, termination, end-of-service indemnity and the settlement of labour disputes. It is the reference for deciding whether the employer breached its obligations, whether the relationship has ended or still subsists, and what the worker is owed when it ends. Residence, by contrast, is an administrative matter governed by the residency regime and carried out by the Ministry of Interior. The practical consequence is that an employment contract can end while the residence permit remains tied to the old employer until it is transferred or cancelled.

The authority responsible for the workforce organises the labour market: it registers contracts, licenses recruitment, receives labour complaints and processes requests to transfer a worker between employers. That is why a private deal between a worker and a new employer that bypasses this authority produces no valid effect, and it can expose both sides to administrative liability.

Domestic workers sit under a separate statute, the Domestic Workers Law, Law No. 68/2015, with its own rules on recruitment, transfer and grievances. This article therefore speaks mainly about private-sector workers and refers to domestic workers only where needed. Our article on absconding reports against domestic workers explains how such reports work in that category.

One caution is essential. Residency rules and workforce regulations change from time to time in their conditions, periods and fees. For that reason we give no figures for periods or fees here. Those details should be confirmed with the competent authority at the time of filing, and your steps should be built on what the authority says rather than on what circulates by word of mouth.

Substantive rules: consent, refusal and exceptions

First: the starting point is employer consent

The general rule is that a worker who wants to move to a new employer needs the current employer's consent, evidenced before the competent authority. The rationale is that the employer bore the cost of recruiting and training, has a legitimate interest in a stable workforce, and the contract binds the parties. Consent is therefore treated as a form of ending the relationship by agreement, and it is wise for it to include a clear settlement of what is owed.

Second: the general exceptions

A worker's will is not extinguished simply because the employer insists on refusing. The exceptions generally recognised by the rules and regulatory decisions include the following:

• The relationship has ended for a reason attributable to the employer, such as non-payment of wages or a serious breach of the contract.
• A judgment or a decision of the competent authority or court recognises the worker's right to move, or finds the employer in breach.
• The establishment has ceased operating, has closed, or has had its file suspended with the authority so that the worker cannot reasonably continue there. This connects to our article on company bankruptcy or closure.
• The employer's legal personality has ended through death or an equivalent event, the subject of our article on the death of the employer or sponsor.
• Cases the competent authority designates as exceptions by regulatory decision. These are set and amended by decisions that must be checked at the time of filing.

The key point is that an exception has to be proved. It is not enough for a worker to say he was harmed. He must produce material that shows the breach: a bank statement showing wages stopped, correspondence, a registered complaint with the competent authority, or a settlement record.

Third: what counts as abusive refusal

An employer's right is a legitimate right, but a right may not be exercised as a tool of harm or pressure. If it is shown that an employer withholds consent although it has no work for the employee and pays no wages, or conditions consent on a payment or on a waiver of the worker's rights, that conduct may amount to an abuse of right, and on some facts something more serious. The final characterisation is a question of fact for the competent authority or the judge to decide on the evidence.

Fourth: trafficking and exploitation

If the refusal is accompanied by coercion, confiscation of documents, threats or exploitation of the worker's need, the matter may move beyond a labour dispute into the scope of the Anti-Trafficking Law, Law No. 91/2013. Passport retention is covered in detail in our article on employer retention of a passport. We stress that applying such a label to a particular incident depends on its elements being established before the competent authority, and it is not built on a mere quarrel.

Fifth: the effect of a pending complaint or case

A labour complaint does not by itself bar a worker from moving, and a transfer does not extinguish the complaint. In practice, though, three things happen. The employer may rely on the complaint to delay the clearance until it is resolved. The authority may ask that the dispute be decided, or that the end of the relationship be shown, before it processes the transfer. And a transfer made while the case is pending may weaken the worker's ability to pursue the claim if it is not organised properly, for example if the file is withdrawn or the worker is treated as having settled. Any settlement must therefore be drafted with care, as we explain in the section on documents.

Sixth: the effect of an absconding report

If a worker stops attending and the employer files an absconding report, the report is entered against the worker and affects both the residence and any transfer request. Depending on the facts, the report may be malicious, filed to block the worker's move, or it may reflect a real absence. The difference is proved by evidence: was the worker told to return, was the absence excused, did it follow the employer's failure to pay wages? It is a mistake to leave such a report unchallenged, because the worker then loses the chance to show early that it was unfounded.

Seventh: the effect of a travel ban

A travel ban is a separate matter from employer consent, and its effect on a transfer depends on its source: a court judgment on a debt, an administrative restriction, or an enforcement measure. We devote our article on travel bans on expatriates to the detail. It is enough to say here that a ban does not necessarily decide a transfer request, but it does call for dealing with the cause of the ban if it touches the transaction.

The worker's financial rights on moving

The gravest trap is for a worker to accept a blanket waiver in the consent paper in exchange for the employer's signature without realising what has been given up. The rights under the Labour Law, Law No. 6/2010, should be calculated before any move:

• Wages due: wages are a firm right for each period worked, and an employer may not withhold them to obstruct a transfer. Any unpaid wage remains a debt owed by the employer.
• End-of-service indemnity: it falls due when the employment relationship ends, under the law's rules on entitlement and calculation, which vary with the reason for termination. Where the relationship ends by the worker moving to another employer with the consent of both sides, the indemnity is ordinarily settled under the rules that apply to such a case, or the parties agree in writing how it will be settled. For the calculation, see our article on end-of-service indemnity and retirement.
• Leave pay: unused annual leave is converted to money at the end of service as the law provides.
• Return ticket and similar items: these depend on the contract terms and the law, and they will often not apply to someone moving to another employer inside the country, but the outcome turns on the contract wording and the reason for ending.
• Social insurance: if the worker is covered under the Social Security Law, Law No. 61/1976, contributions and the continuity of service should be reviewed on transfer, since the worker may benefit from combining periods of service under the scheme.

In practice some workers assume that a clearance means an automatic waiver of everything. The sounder view is that a waiver is not presumed. It is valid only when it is express, specific, written and given by someone who knows what is being waived. The settled approach of the Court of Cassation is that waiver of labour rights fixed by law is not presumed, and that general release wording is read narrowly. This is a general methodological statement with no case number attached, and its existence and limits should be verified in the published judgments when needed.

If an employer insists that the worker waive entitlements as the price of consent, the worker should not sign a paper he has not read. He should keep a copy, record a written objection, and go to the competent authority to document what happened. A waiver extracted under pressure of need may be open to challenge depending on the facts.

Cassation principles and a methodological note

The Court of Cassation has, in labour disputes, followed a number of principles relevant to this topic. We state them in general terms:

• The settled approach of the Court of Cassation is that the employment relationship is governed by the mandatory provisions of the labour law, and that an agreement contrary to them is ineffective where it reduces the worker's rights.
• The settled approach of the Court of Cassation is that the burden of proving payment of wages and other entitlements lies on the employer, because the employer is the party that keeps the records.
• The Court of Cassation has held that a worker's absence from work produces its legal effect only when it is shown to be without acceptable excuse and after the notice the law requires.
• The Court of Cassation has held that abuse of right is a question of fact that the trial court draws from the circumstances of the case.

Methodological note: these principles are stated in general terms for awareness. We cite no appeal numbers or judgment dates. Their continued authority and limits should always be checked against recent judgments, because the outcome varies with the facts and with later amendments to legislation and regulation.

Practical steps and documents: how to move without losing out

Step one: check your position before doing anything

Gather your employment contract, current residence permit and work permit, and find out whether there is an absconding report, a travel ban or a pending case against you. Many requests stall because the worker only learns of a restriction at the moment of filing.

Step two: a written understanding with the current employer

If an understanding is possible, the consent should be written and specific: the relationship ends by agreement, what has been received is stated, and what remains and how it will be paid is set out. Do not accept the phrase "I have no claim" until you are sure you have in fact been paid.

Step three: filing with the competent authority

The new employer files the transfer request under the procedure applied by the workforce authority, attaching the current employer's consent or proof of the exception. Hand over original documents only against a receipt and keep the request number.

Step four: if the employer refuses

1. Request consent in writing and document the refusal or the failure to reply.
2. File a labour complaint with the competent authority if the refusal comes with a breach: delayed wages, a breach of the contract, or a condition the law does not allow.
3. Attend the settlement session the authority sets and bring your documents.
4. If the complaint is not resolved amicably it is referred to the competent labour court, a longer route that produces an enforceable judgment.
5. Consult a lawyer before signing any settlement record that includes a release.

Step five: after consent or an exception is established

The new employer completes the work permit and residence transfer with the residency department. That ordinarily involves a medical check, fingerprinting and health insurance under the applicable rules. The worker should not start work for the new party before the procedure is complete, because working without authorisation can expose both worker and employer to liability.

Common documents

• Passport and a copy of the current residence permit.
• The employment contract or a copy of it, and any new contract with the other employer.
• The current employer's consent, or proof of the exception such as a decision, judgment or registered complaint.
• Pay slips or bank statements showing payment or non-payment.
• Any correspondence that shows the request and the refusal.
• The settlement record if there is one, and receipts for amounts collected.
• The papers the new employer must supply about its licence and commercial registration.

If your residence expired while you were abroad or cannot be renewed, see our article on residence expiring while outside Kuwait. If family members depend on your permit, see our article on the residence of a wife and children, because moving the worker raises the question of those he supports.

Three hypothetical cases

Case one: refusal with no justification and no unpaid wages

A technician at a small firm receives a better offer and asks his employer for consent. The employer refuses because it wants to keep him. The relationship is ongoing and wages are paid on time. The starting rule is that consent counts, and the worker cannot easily force the move. The practical routes are to negotiate an amicable end with settlement of entitlements, or to end the contract in accordance with the law, taking care that leaving the job before the procedure is complete exposes him to an absconding report.

Case two: refusal with delayed wages

A worker has not received wages for months and asks to move. The employer refuses and demands that he waive the arrears. The exception for employer breach comes into play. The worker files a complaint with the competent authority attaching his bank statement, and signs no waiver. The authority may refer the dispute to court or it may end in a settlement. In either case, tying the move to the surrender of a right is not acceptable.

Case three: an absconding report after a quarrel

A worker left the workplace after a quarrel, and the employer filed an absconding report. A new company then offered him a job. The first task is to challenge the report and prove the reasons for the absence if they were legitimate, and then to regularise the position with the competent authority before any transfer. Rushing the new employer's filing in this situation complicates the matter rather than solving it.

Quick comparison: transfer with consent, without it, and with a pending case

• Transfer with the current employer's consent: faster and less contentious. It needs a written settlement of entitlements, and the worker's financial rights are preserved unless he expressly waives them.
• Transfer without consent on the basis of an exception: the exception must be proved by documents or a decision of the competent authority. Objections are frequent, so careful documentation matters.
• Transfer with a complaint or case pending: possible depending on the facts, but the procedure is longer and may depend on a ruling or settlement. The right to pursue the claim should be expressly preserved.
• Transfer with an absconding report: the report must first be cancelled or decided. The best course is not to stop attending in the first place.
• Transfer with a travel ban: depends on the source of the ban and whether it can be lifted or its cause settled.
• Leaving and joining a new employer without procedure: the most dangerous option. It may expose the worker and the new employer to liability and undermines the worker's position in any dispute.

Frequently asked questions

Can I move to another employer without my current employer's consent?

The starting rule is that consent is needed for an ordinary transfer. There are, however, general exceptions, including proven employer breach, a judgment or decision in the worker's favour, closure of the establishment, and cases the competent authority fixes by regulatory decision. Each case is examined on the evidence the worker produces.

My employer refused to sign. What is the first step?

Document the request and the refusal in writing, then approach the workforce authority and file a complaint if the refusal comes with a breach. Do not leave the job or stop attending before you have something that permits you to do so.

May an employer demand money in return for consent?

The right to give consent may not be turned into a price extracted from the worker, nor may a transfer be made conditional on a waiver of wages or end-of-service indemnity. Money paid under duress or pressure of need can be disputed depending on the facts. The parties may of course agree voluntarily on a mutual settlement, provided it is written, specific and free of coercion.

Do I lose my end-of-service indemnity if I move to another employer?

As a rule, no. It is settled according to the reason the relationship ended and the provisions of the law, or by a written agreement between the parties. A waiver is not presumed, and you are advised not to sign a general release before you have actually received what is due.

I have a pending labour complaint. Am I blocked from moving?

There is no automatic bar simply because a complaint exists, but it may affect the procedure and a ruling or settlement may be required first. What matters is that the move is arranged so as not to forfeit your right to continue the claim.

How does an absconding report affect a transfer request?

It usually affects both the residence and the acceptance of the request until the report is dealt with. If it is malicious or the absence had an excuse, it must be challenged and the facts proved. Our article on absconding reports for domestic workers explains the general logic of such reports.

Is the rule different for a domestic worker?

Yes. Domestic workers fall under a separate statute, Law No. 68/2015, which has its own provisions on contract, transfer and grievances, and the private-sector rules do not apply to them in the same way.

May my employer keep my passport until the transfer is finished?

Keeping a passport against its holder's will is not permitted and may lead to liability. We covered the subject in our article on passport retention, including the reporting route and the embassy.

Can I start work at the new company before the transfer is complete?

It is not advisable. Working before the formal steps are complete can be a violation that exposes you and the new employer to liability, and it weakens your position in any dispute with the first employer.

Do I need a lawyer to complete a transfer?

For a simple amicable move you may not. Where there is a refusal, a pending complaint, an absconding report, a travel ban or a request that you waive rights, a lawyer helps protect your financial rights and prevents you from signing something whose effect you do not understand.

What if my employer terminates my contract instead of refusing the transfer?

Then the lawfulness of the termination is examined under the Labour Law, Law No. 6/2010: was there a justification, was notice given properly, and what are you owed? Wrongful termination can open the door to compensation, as in our article on wrongful dismissal in Kuwait.

Does moving affect the renewal of my employment contract?

A transfer means a new contract with a new employer, governed by the terms of that new contract. For worker rights at the end and renewal of a contract, see our article on the conditions for renewing an employment contract.

Common mistakes that cost workers their rights

The first is relying on a verbal understanding with either the current or the new employer: a spoken promise protects nobody who later changes his mind. The second is leaving work before the procedure is complete, which invites an absconding report. The third is signing a clearance or release without reading it on the assumption that it is a formality. The fourth is paying money for a signature with no receipt or written contract, after which the right is lost and hard to prove. The fifth is neglecting documents: pay slips, copies of correspondence and notices of complaint. The sixth is delaying the challenge to a malicious report until its effects accumulate. The seventh is listening to unlicensed intermediaries who promise a quick transfer "by a special route". A transfer is either lawful or it is not, and a worker may be left to bear the consequences of unlawful arrangements.

Conclusion

Moving to another employer is a regulated right and not a favour, but it passes through official channels and starts from a general rule that consent is required, softened by exceptions grounded in fairness in the working relationship. When an employer refuses, the door is not shut. The worker has another path: documentation, complaint, settlement, and where necessary the courts.

Two things protect the worker in every scenario. He should stay on the lawful side of the relationship, neither disappearing from work nor working without a permit. And he should document each step and waive no right except knowingly and in writing. An employer's legitimate interest in a stable workforce, for its part, does not allow it to withhold wages, hold documents or impose conditions the law does not permit.

Outcomes vary with the facts, the documents and the regulatory decisions in force at the time of filing. Showing your papers to a specialist lawyer before you sign anything can save you a great deal of difficulty.

Legal notice and contact

This article offers general legal information. It is not an opinion on any particular matter and does not replace review of the texts and decisions in force at the time of filing. The rules and conditions for transferring workers can change by regulatory decision, so no final step should be taken on the strength of this article without confirming with the competent authority.

If you face an employer's refusal, a labour dispute or an absconding report, you can contact Yumnaak Law Firm or book an appointment at the office to review your documents and consider the right path for your situation.