Employers Empowered: New Regulations for Managing Work Permits and Deportation Costs
The Public Authority for Manpower (PAM) has recently instituted new regulations that grant employers significant authority regarding the management of their employees’ work permits, especially in cases involving legal issues. Under these new provisions, employers now have the right to terminate the work permits of expatriate employees if those employees have been convicted of a crime based on a final judicial ruling or if their residence permits have been revoked following their failure to attend court proceedings related to criminal activities.
In practice, this means that if an expatriate employee finds themselves in legal trouble leading to imprisonment or other criminal charges, their employer can request the revocation of their work permit. Following this request, the expatriate will be deported back to their country of origin. It is important to note that the financial responsibility for this deportation process falls squarely on the shoulders of the employer. This includes covering all associated costs, which underscores the significant financial implications for employers who face such situations.
Moreover, the new regulations stipulate that if an expatriate employee resigns from their position and seeks employment with a new employer, the burden of deportation expenses may fall on the new employer if the former employer has properly issued a termination notice related to any ongoing investigations. This provision ensures that employers are incentivized to address any potential issues promptly and provides a clear framework for handling the transition of expatriate employees under legal scrutiny.
Another crucial aspect of the updated regulations is the automatic revocation of work permits for expatriates who have been absent from the country for more than six months. This rule applies unless the absence has been explicitly authorized by the General Directorate of Residency Affairs. The automatic revocation policy aims to manage and regulate the presence of expatriates in Kuwait more effectively, ensuring that only those who comply with residency requirements remain in the country.
Under the new labor laws, employers are also granted the authority to cancel both work and residency permits if an employee has been deported back to their home country, regardless of the circumstances leading to the deportation. This policy emphasizes the employer’s role in overseeing the legal status of their expatriate employees and ensuring compliance with Kuwaiti regulations.
The situation involving the 800 Filipino workers who were sheltered in domestic workers’ shelters has been a significant concern. Deputy Prime Minister and Minister of Foreign Affairs Sheikh Sabah Al-Khaled provided an update on the efforts to repatriate these workers. He explained that the Ministry of Foreign Affairs has been actively collaborating with relevant agencies to ensure that Filipino workers who are free of any criminal charges are repatriated as soon as possible. For those facing pending criminal charges, the Ministry has committed to referring these individuals to the appropriate state authorities for further handling.
Sheikh Sabah Al-Khaled also reported that the number of Filipinos remaining in the shelter has decreased to 300. The reduction in numbers reflects the successful execution of evacuation procedures in coordination with the Philippine Embassy. The meticulous handling of these procedures underscores the commitment of the Kuwaiti authorities to address the situation efficiently and humanely.
In summary, the Ministry of Foreign Affairs is fulfilling its role in managing issues that may be perceived as offensive to Kuwait. Sheikh Sabah Al-Khaled assured that the Ministry is in continuous communication with other relevant ministries, government agencies, foreign offices, and diplomatic missions. This ongoing dialogue is crucial for resolving matters promptly and maintaining effective international relations. The proactive measures being taken reflect the Kuwaiti government’s dedication to upholding its legal standards while ensuring the fair treatment of expatriates in the country.
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