Cancellation and Transfer Complaint in Kuwait: Requirements, Procedures and Required Documents

A cancellation and transfer complaint in Kuwait is a request submitted to the Public Authority for Manpower (PAM) to address a work permit dispute when ending a worker’s registration under an employer or moving to another employer becomes difficult. Filing a complaint does not automatically result in transfer approval. The request is reviewed under the rules applicable to the worker, sector and work permit.

The government’s Labour Service allows workers to submit complaints, check their status and identify the department responsible for their case.

If your move to a new employer is delayed, identify the reason, gather supporting documents and distinguish between a work permit transfer request and a claim for outstanding employment entitlements.

What Is a Cancellation and Transfer Complaint?

This term is used when requesting the resolution of a work permit dispute so that cancellation or transfer to another employer can proceed under the applicable legal and administrative requirements.

The following procedures should be distinguished:

Cancelling a work permit does not automatically authorize a transfer. Work permit procedures also do not replace the residence transfer procedures required by the Ministry of Interior.

When Might You Need to File a Cancellation and Transfer Complaint?

You may need to refer a dispute to the Labour Relations Department in circumstances such as:

• Transfer procedures are delayed because of a disagreement with the current employer.

• Procedures remain incomplete despite earlier approvals or correspondence.

• The employment relationship has ended, but a work permit dispute remains unresolved.

• The parties disagree over the termination notice or the date it was received.

• A report or restriction on the file requires examination of its effect on the transfer request.

These circumstances require assessment and do not automatically entitle the worker to transfer. The outcome depends on the applicable rules and supporting evidence.

Requirements for a Cancellation and Transfer Complaint in Kuwait

There is no single checklist that applies to every transfer case. Requirements depend on the work permit type, sector, employment duration, recruitment route and amending decisions. The following matters should be reviewed:

Identify the Work Permit Type and Sector

Check the work permit details, issue date and registered sector. Do not assume that private-sector worker transfer rules apply in the same way to domestic workers or categories governed by special rules.

Review the Employer Consent Requirement

Decisions governing worker transfers provide circumstances and conditions under which a transfer may be considered without the employer’s consent.

It is therefore incorrect to assume either that refusal always prevents a transfer or that filing a complaint overrides the consent requirement in every case. The applicable decision must be read together with its amendments in force.

Provide Clear Reasons and Supporting Documents

Present the facts chronologically: the employment start date, contract type, notice date, the procedure that was delayed and the employer’s response.

Attach the contract, notices and correspondence rather than relying on a general statement such as “the sponsor refused the transfer.”

Observe Notice Requirements When Ending the Contract

For indefinite-term contracts, Article 44 of the Private Sector Labour Law requires at least three months’ notice for workers paid monthly and at least one month for other workers.

Different considerations apply when a fixed-term contract expires or special termination provisions apply.

Check Residency Status and Any Reports

Check the validity of your documents and whether any report or restriction could affect the procedure. Do not treat the complaint receipt as an extension of your residence permit or authorization to work for a new employer.

Similarly, the existence of another case should not automatically be treated as grounds for rejecting every complaint. Its nature and effect on the file should be assessed by the competent authority.

Documents for a Cancellation and Transfer Complaint

The following checklist can help you prepare a clear file. Additional documents may be requested depending on the case.

Keep clear copies, arrange documents by date and ensure that correspondence shows the parties involved and relevant dates.

Steps to File a Cancellation and Transfer Complaint in Kuwait

1. Define Your Request Clearly

Specify whether you seek a transfer to a new employer, cancellation for departure or a remedy concerning an action taken on your work permit.

If you are owed wages or other financial entitlements, list them clearly and separately from the transfer request.

2. Identify the Competent Labour Relations Unit

Check which unit handles the employer’s file, or use the government service to identify the responsible department.

3. Register the Complaint and Attach Documents

Provide the worker’s and employer’s details, explain the facts and requests, and attach the available supporting documents.

When filing electronically, follow the registration and verification requirements displayed by the service.

4. Keep the Complaint Reference and Follow Up

Retain the registration receipt, check that your contact details are correct and follow up on appointments and requests for additional documents.

5. Present Evidence and Respond to Queries

Explain the facts clearly and concisely, identify the documents supporting each point and ask what is needed to complete the file.

6. Complete the Transfer and Residency Procedures

Once the relevant work permit procedure is approved, complete the new employer’s requirements and the Ministry of Interior’s residence procedures, as applicable.

Do not begin working for a new employer solely because you have registered a complaint.

Can You Transfer Without the Sponsor’s Consent?

This may be possible in circumstances permitted by the decisions governing worker transfers, but it is not a general entitlement covering all permits and sectors.

Assessment requires a review of the permit duration and type, sector, grounds for the dispute and registered restrictions. Avoid relying on general claims that a single qualifying period applies to every transfer case.

Sample Cancellation and Transfer Complaint in Kuwait

Illustrative template to be adapted to the facts and the competent authority’s requirements

To: The Competent Labour Relations Department, Public Authority for Manpower
Subject: Request to Examine a Work Permit Dispute and Cancellation or Transfer, as Applicable

Complainant’s Details

Name: ……………
Civil ID number: ……………
Nationality: ……………
Telephone number: ……………

Employer’s Details

Establishment name: ……………
File number, if available: ……………
Address and contact details: ……………

Facts of the Complaint

I commenced employment with the respondent on …………… under a …………… employment contract, with a wage of KWD …………….

On ……………, the following occurred: ……………

I notified the employer on …………… by ……………. However, the procedure has been delayed for the following reasons: ……………

Requests

1. Register the complaint and examine the facts and attached documents.

2. Consider the requested work permit transfer to another employer, or cancellation as requested, under the applicable rules.

3. Examine the effect of any related report or restriction, if applicable.

4. Record the following financial claims and take the appropriate action through the competent process: ……………

Attachments: ……………
Date: ……………
Name and signature: ……………

This template does not acknowledge receipt of employment entitlements or waive them. Do not add a release or settlement acknowledgment unless you understand its contents and have verified the amounts paid.

The Lawyer’s Role in a Cancellation and Transfer Complaint

A lawyer can assist with:

• Reviewing the work permit, employment contract and notices.

• Identifying the appropriate request and applicable rules.

• Drafting the complaint and organizing evidence and attachments.

• Explaining the effect of reports or restrictions and the available procedures.

• Following up on procedures and responses within the scope of the power of attorney.

• Distinguishing wage, end-of-service and other financial claims from the transfer issue.

Legal review helps assess the available options, but it does not guarantee approval or completion within a fixed period.

Lawyers and Contact Details

Contact Ineqad Law Firm to enquire about the appropriate lawyer and consultation appointments.

This is the firm’s shared contact number, not a separate personal number for each lawyer. The names and contact details are published on the firm’s website.

Frequently Asked Questions

Where Can I File a Cancellation and Transfer Complaint in Kuwait?

Refer the work permit dispute to the competent Labour Relations Unit at the Public Authority for Manpower. You may also use the electronic Labour Service according to the services available for your case.

How Long Does a Cancellation and Transfer Complaint Take?

There is no single timeframe. The duration depends on document completeness, the nature of the dispute, appointments and the procedures required.

Completing a complaint session does not necessarily mean that the transfer is complete.

Does Filing the Complaint Automatically Stop Residence Cancellation?

Do not assume that it does. Check your residency status with the Ministry of Interior and the complaint’s effect with PAM, because registering a dispute does not replace the required residency procedures.

Can I Claim My Employment Entitlements Alongside the Transfer Request?

List your financial entitlements among your requests and ensure that they are registered and pursued through the appropriate process.

Transfer approval does not establish that wages or end-of-service benefits have been settled.

Must I Appoint a Lawyer to Register the Complaint?

Appointing a lawyer is not a general requirement for registering a worker’s complaint. Legal advice is particularly useful when the case involves a report, a notice dispute or transfer restrictions.

Does Having a New Employer Guarantee Approval?

No. A prospective employer’s willingness to hire the worker does not replace work permit transfer requirements or residency requirements.

Contact Ineqad Law Firm for Legal Consultations

If your work permit cancellation or transfer is delayed, you can request a document review to identify the appropriate procedure and financial entitlements related to the end of employment.

Telephone and WhatsApp: +965 6666 8811
Website: ineqad.com
Email: info@ineqad.com

This content provides general information. The appropriate procedure depends on the documents and rules in force applicable to each case.