Absence Report in Kuwait: What Workers and Employers Need to Know

An absence report (often called an “absconding case” or balagh taghayyub) is one of the most serious problems a private-sector worker in Kuwait can face. It is filed by the employer when a worker stops coming to work, and it can affect the worker’s residency, ability to change employer and, in some cases, lead to deportation. At the same time, absence reports are sometimes filed unfairly, for example to avoid paying wages or end-of-service benefits after a dispute. This guide explains what an absence report is, what the employer and the worker should each do, how a report can be challenged or cancelled, and when to involve a lawyer.

What is an absence report in Kuwait?

An absence report is a formal notification by an employer to the competent authorities that a worker sponsored on its work permit has left work and cannot be reached. It is registered through the Public Authority for Manpower (PAM) and the residency system of the Ministry of Interior. Once registered, the worker’s file is flagged, which can block transactions such as a transfer to a new employer and can expose the worker to residency action.

Since the new Residency Law No. 114 of 2024 replaced the old 1959 decree, residency violations are dealt with under that law. You can read an overview in our article on Kuwait’s new residency law. The practical point is simple: an absence report is not a private matter between employer and worker. It creates an official record, and it should be handled quickly.

Absence under the Labour Law: when can a worker be treated as having resigned?

The Private Sector Labour Law (Law No. 6 of 2010) deals separately with the employment relationship. Under the Labour Law text published on our site, if a worker is absent from work without an acceptable excuse for seven consecutive days, or twenty non-consecutive days within one year, the employer may treat the worker as having resigned. This matters because the way the contract ends affects the worker’s end-of-service indemnity and other entitlements.

Two different questions therefore arise from the same absence:

• The employment question: did the contract end, how, and what does each side owe the other (unpaid wages, leave balance, indemnity)?
• The residency question: is the absence report valid, and what happens to the worker’s residency status?

Mixing the two is a common mistake. A worker may have a strong wage claim even if an absence report was filed, and an employer may have a valid report and still owe wages for the period actually worked. For the wider framework, see our guide to Kuwaiti labour law rights and obligations.

For employers: filing an absence report correctly

• Document the absence: keep attendance records, messages and call logs showing attempts to reach the worker.
• Check for a pending labour complaint first: if the worker has already filed a complaint with PAM about unpaid wages or mistreatment, an absence report filed afterwards will usually be examined as a possible retaliation and is likely to be challenged.
• Settle what is owed: an absence report does not cancel the worker’s right to wages already earned. Paying or depositing what is due protects the employer if the matter goes to court.
• Do not use the report as leverage: filing a report that the employer knows to be untrue can expose the employer to liability, including a claim for damages and, where the facts support it, a criminal complaint for a false report.

For workers: what to do if an absence report is filed against you

1. Find out immediately: check your status through the official electronic services, or ask a lawyer to check the file. Do not wait until you are stopped at a checkpoint or airport.
2. Gather evidence: salary transfers, messages with your manager, medical reports if you were ill, and any proof that you were at work or that the employer knew where you were.
3. File or pursue a labour complaint: if the report followed a dispute over unpaid wages, a labour complaint with PAM puts that dispute on record and may be decisive in showing that the report was retaliatory. Our article on absconding cases and unpaid wages covers that route in more detail.
4. Challenge the report: a report can be objected to before the competent authority with supporting evidence, and a report found to be unfounded can be cancelled. Where the facts justify it, the matter can also be taken to court.
5. Keep your residency in mind: the longer the report stays on file, the harder the residency situation becomes. Speed matters more than anything else.

Can an absence report be cancelled?

Yes. In practice, a report may be withdrawn by the employer, for example after a settlement, or cancelled by the competent authority if the worker proves it was unfounded, such as where the worker was in fact working, was on approved leave, was ill, or was prevented from working by the employer. A settlement between employer and worker should always be written and should expressly include withdrawal of the report, so that it does not remain on the system after the dispute is over.

If you also face a travel ban connected to a debt or a case, that is a separate issue with its own procedure. See our guide on the travel ban in Kuwait.

Common mistakes

• Workers leaving the country or changing jobs informally while the report is still active.
• Employers filing a report before paying wages already earned, which weakens their position.
• Relying on verbal promises from the other side to “remove the report” without a written settlement.
• Ignoring the labour claim because the residency issue feels more urgent; both should be handled together.

Frequently Asked Questions

Who can file an absence report in Kuwait?

The employer who holds the worker’s work permit files it through the official channels. A worker cannot be reported by a third party in the employer’s place.

Does an absence report mean I lose my salary and end-of-service benefits?

No. Wages already earned remain due. Whether and how the end-of-service indemnity is affected depends on how the contract ended under the Labour Law, which is a separate question from the report itself.

Can I transfer to a new employer if an absence report is on my file?

An active report usually blocks a normal transfer. The report must be withdrawn or cancelled first, or the dispute resolved through the competent authority.

What if my employer filed the report after I complained about unpaid wages?

Keep proof of the date of your complaint. A report filed after a wage complaint is commonly treated as a possible retaliation and can be challenged on that basis.

This article provides general information and is not a substitute for legal advice on your specific situation. For help with an absence report, a labour claim or a residency issue, contact the office of lawyer Meshari Obaid Alenezi through our consultation booking form or on +965 2220 4490.