Visa fraud in the labor market was highlighted during a court case when a Criminal Court in a recent ruling acquitted the managers of a company and its legal representative of the charge of human trafficking, Al Qabas reported. However, they were sentenced to prison on charges of using fraudulent means to obtain work permits to bring in expats, but not to be employed by their company. The court affirmed that this means of visa fraud done by most companies is considered a threat to internal security.
It highlighted the work permit trading in the labor market involves bringing in workers by a company to Kuwait to be employed when there are no actual jobs, and the expats are reduced to marginal workers.
In addition, workers’ rights was discussed, in particular the minimum wage is set at KD75 dinars for workers, which the court considered is not commensurate with reality of life or the rate of inflation in the country. Hence, it necessitates a review and increasing its amount to provide a minimum salary that offers a decent working life for an expat worker.
Introduce penalties
The court noted that the employers in the case conducted themselves in a manner that was against the workers, which, although it does not rise to the crimes of human trafficking, it is still against worker’s human rights and an infringement of their personal freedom, such as seizing passports or bank cards. The court called for reasonable penalties to put an end to these practices that have become a recurring bad phenomenon.
Organized groups involved in visa trading
The court also noted that investigations and the workers’ statements proved that there were organized groups that practice work permit trading, to bring in workers into the country.
These groups and individuals openly advertise to their compatriots in their countries of jobs in companies, and receive money from job seekers. On their part, individuals and companies inside the country obtain work permits for expats who pay, and the prices of permits vary for workers with a fee, dependent on the type and nature of the work agreed upon.
The court stated that this matter requires the competent authorities to seriously and promptly address this dangerous criminal activity by strengthening the procedures for obtaining work permits inside the country.
The recruitment of workers should be conducted according to the available jobs at the company, with a verification process to ensure there are real job opportunities inside the country with a follow-up of how their contracts are implemented and conditions including their employment and the extent to which they are given their agreed-upon rights. In addition, there should be procedures for their transfer from one employer to another with a validation of the company’s requirements, and real job opportunities, so there are no unemployed expat workers in the labor market after the end of their first contracts. These measures would go a long way to preserve the security of the country and protect workers’ rights.
Time to fix things
The Criminal Court concluded in the merits of its ruling that the time has come to reform the conditions of the labor market in a way that ensures adherence to regulations and to prevent the recruitment of bulk expat labor brought by some individuals and companies via visa trading, to turn a profit from this illegal activity.
10 very important Court observations
- The labor market needs strict procedures to control its conditions
- An end to groups that trade in residency in agreement with the sponsors
- Community security is a victim of unnecessary loose labor
- A fair judiciary always triumphs for the rights of workers and the vulnerable
- Reviewing the minimum wage for labor is an urgent necessity
- Work must be done to provide a decent life for workers
- Withholding passports violates freedom and human rights
- It is required to introduce penalties to punish violators
- The crime of human trafficking is different from the crimes of trafficking with work permits
- The crime of trafficking in residencies involves a guarantor for taking money and an agent to whom payments are made for visas.