What to Do if You’re Facing an Absconding Case and Unpaid Wages in Kuwait

Absconding Cases in Kuwait — Your Legal Rights as an Employee

An absconding report (بلاغ تغيب) is one of the most serious employment issues a foreign worker can face in Kuwait. When an employer files an absconding complaint with the Ministry of Interior, the worker’s residency permit is suspended, and they may face deportation. However, Kuwaiti law provides clear protections against false or retaliatory absconding reports, and employees have the right to contest them while simultaneously claiming unpaid wages. Attorney Meshari Obaid Al-Enezi represents workers facing absconding allegations and helps them recover their legal rights.

What Is an Absconding Report?

Under Kuwait’s labour regulations, an employer may file an absconding report when an employee is absent from work without authorization. However, this process is governed by strict rules:

• 7-day threshold — An employee must be absent for 7 consecutive working days or 20 non-consecutive days within a year without valid justification before an absconding report can be filed.
• Filing deadline — The employer must file the absconding report within a reasonable period after the absence begins. Reports filed months later may indicate bad faith.
• Residency suspension — Once accepted, the report suspends the worker’s residency (iqama), making them unable to work or transfer sponsorship legally.
• Travel ban — The worker may be prevented from leaving Kuwait until the matter is resolved or legal obligations are settled.

Common Reasons for False Absconding Reports

Many absconding reports in Kuwait are filed by employers in bad faith. Common scenarios include:

• Retaliation against wage complaints — The employee requests unpaid wages, and the employer files absconding as leverage.
• Avoiding end-of-service benefits — Filing absconding before termination avoids the obligation to pay indemnity and other benefits.
• Sponsorship manipulation — Using absconding reports to prevent employees from transferring to another employer.
• Contract disputes — The employee refuses to accept unfair contract modifications, and the employer retaliates.

How to Contest an Absconding Report

Step 1: Gather Evidence

Collect all documents proving your employment and the employer’s bad faith:

• Employment contract (original or copy)
• Payslips and bank statements showing payment history or gaps
• WhatsApp messages, emails, or written communications with the employer
• Attendance records, duty rosters, or work schedules
• Any prior complaints filed with PAM (Public Authority for Manpower)

Step 2: File a Complaint with PAM / MSAL

Visit the Labour Relations Department at the Public Authority for Manpower (PAM) or file through the Shoon app. The complaint triggers mediation, which typically takes place within 15 days. If the employer fails to appear or mediation fails, the case is referred to the Labour Court.

Step 3: Appeal at the Ministry of Interior

Submit a formal request to cancel the absconding report at the Ministry of Interior’s residency affairs department. Provide evidence that the report was filed in bad faith — especially if you have a pending labour complaint or proof of employer misconduct.

Step 4: Labour Court Litigation

If mediation fails, file a lawsuit before the Labour Court. Kuwait’s labour judiciary operates on an expedited schedule, with initial hearings scheduled within 3 days. The court can order:

• Cancellation of the absconding report
• Payment of all outstanding wages
• End-of-service indemnity
• Compensation for wrongful termination
• Airfare repatriation costs

Step 5: Enforcement (Tanfeeth)

After obtaining a judgment, the Execution Court can enforce payment by freezing the employer’s bank accounts, assets, or commercial licenses.

Unpaid Wages — Your Right Regardless of Absconding

Kuwaiti law is clear: an employer must pay all earned wages regardless of whether an absconding report has been filed. Under Labour Law No. 6 of 2010:

• Wages are a protected right — No employment dispute releases the employer from paying earned wages (Article 27).
• End-of-service indemnity — Calculated based on the last salary and length of service, owed even if the employee is found to have absconded.
• Overtime and leave balance — Any accrued but unused annual leave and overtime must be compensated.
• One-year limitation — Labour claims must be filed within one year of contract termination or the date the right accrued (Article 144).

Legal Support Available

• Embassy legal aid — Many embassies in Kuwait provide free legal assistance for their nationals facing labour disputes.
• Kuwait Society for Human Rights — Offers free legal advice and sometimes representation for workers.
• PAM shelter — Workers who have been evicted or whose residency has been cancelled can seek temporary shelter through PAM.
• Private legal representation — A specialized labour lawyer can handle the case comprehensively, from filing complaints to court enforcement.

Frequently Asked Questions

Can I leave Kuwait if there is an absconding report against me?

It depends. In many cases, the absconding report results in a travel ban until the case is resolved. However, if you have a pending labour complaint or court case, you may be granted permission to remain in Kuwait until the matter is settled. Your lawyer can apply for a temporary residency permit during litigation.

What happens if I ignore the absconding report?

Ignoring an absconding report can result in deportation, a ban on re-entering Kuwait, and loss of any unpaid wage claims. It is critical to take immediate legal action — either contesting the report or filing a counter-complaint for unpaid wages.

Can my employer withdraw the absconding report?

Yes. The employer can voluntarily cancel the absconding report at the Ministry of Interior. This sometimes happens through PAM mediation when the employer agrees to settle the dispute. If the employer refuses, the Labour Court can order cancellation.

How long does a labour case take in Kuwait?

Labour cases in Kuwait are handled on an expedited track. The first hearing is typically scheduled within 3 days of filing. Most cases are resolved within 3 to 6 months at first instance, though appeals can extend the timeline.

Facing an absconding report or unpaid wages? Contact Attorney Meshari Obaid Al-Enezi for immediate legal assistance. Call +965 2220 4490 or book a consultation.