Kuwait eases job transfer rules, allows workers to switch employers before completing one year
. . . in cases of ‘non-compliant employer’, abuse or delays
The Public Authority for Manpower has issued an amendment to Administrative Decision No. (842) of 2015, introducing clearer and more flexible conditions for workers seeking to transfer from one employer to another before completing one year of service.
The amendment, published in the official gazette Kuwait Alyawm, allows the Authority to review labor complaints submitted by workers and consider early transfer requests under specific exceptional circumstances.
When can a worker transfer before one year?
A worker may be allowed to change employer before completing one year if any of the following conditions are proven:
- The employer fails to issue or complete the worker’s residency or work permit procedures due to negligence, not the worker’s fault.
- The employer’s file is suspended or restricted, preventing completion of residency procedures.
- A false or malicious termination report has been filed against the worker, or reporting procedures are misused to harm the worker or block their rights.
- The employer violates Labor Law No. (6) of 2010, including cases where the worker is legally entitled to terminate the contract without notice (such as non-payment of wages, abuse, unsafe working conditions, fraud in contract terms, or false criminal accusations).
- The employment contract ends due to bankruptcy or permanent closure of the company, as defined under Article 50 of the law.
Definition of a “non-compliant employer”
The decision defines a non-compliant employer as one who:
- Hires a worker but fails to complete residency or work permit procedures within the required timeframe, or
- Delays, refuses, or fails to complete procedures without an acceptable reason, or
- Has a suspended or restricted file that blocks legal processing — as long as the issue is not caused by the worker.
Penalties for violating employers
If an employer is found to be non-compliant, the Authority may take administrative action, including:
- Suspending or restricting new work permits
- Temporarily halting recruitment
- Rejecting new hiring applications
These measures will remain in place until the violation is corrected and affected workers’ situations are resolved.
The amendment is designed to better protect workers from abuse or administrative delays, while ensuring employers comply with legal procedures related to work permits and residency.
