Kuwait has compulsorily implemented a new rule from Tuesday (June 17) that foreign workers including Nepal are not allowed to return home (exit permit) without the permission of the employer. Previously, there was a system where migrant workers had to inform the Ministry of Interior and obtain a permit if they were to stay outside Kuwait for more than 6 months.

Now, all private sector workers will have to take prior approval from the employer, no matter how long they go out. Kuwait's Public Human Resources Authority (PAM) has announced that it has implemented a rule requiring an "exit permit" to fully monitor Kuwait's labor market, reduce the number of "runaway" workers and protect the rights of employers. 

Regarding this decision, international human rights organizations, labor rights activists and expatriate communities from other countries, including Nepalis working in Kuwait, have expressed serious concern and protest. According to the Kuwaiti Ministry of Interior, there is an increase in the tendency of migrant workers to leave the country without the permission of the employer, and the employment contract is being violated.

"Unnecessary administrative pressure was put on the state after the disappearance of workers (leaving the employer without notice)," according to the notification issued by the Ministry of Interior there, "to manage this, all non-Kuwaiti workers working in the private sector must obtain approval from their employer before going abroad under the 18 of the Housing Law." This will apply to all those who leave the country for vacation, business or permanently.' Among them, there are about 150,000 Nepalis. In order to obtain the exit permit, the workers must  Some steps have to be taken through the Home Ministry's 'Sahel' mobile app or 'Ashhal' portal. Workers have to apply through 'Sahel' and 'Ashhal' 7 days and 24 hours before they leave Kuwait. Only after the employer approves the request digitally, permission to return home (exit permit) will be granted.

Workers returning on vacation or leaving Kuwait permanently will have to go to the airport only with a permit that has been approved by the employer. If the employer refuses to give permission, the worker can file a complaint with the Public Manpower Authority. Nepali workers working in Kuwait said that it will be very difficult in practice. It has also been criticized by human rights activists.

Human Rights Watch and other international organizations have protested that instead of completely ending the Kafala (visa sponsorship) system, Kuwait has strengthened the legal control of employers over their workers and created a mechanism to further exploit them. "This will give employers more control over workers and increase the likelihood of withholding exit permits for abuse or retaliation."

This decision is a violation of labor freedom and international human rights law," said Michael Page, deputy director of West Asia at Watch, "Every person has the right to leave and return to any country. There must be legal, personal and contextual reasons to withhold such rights. According to him, the freedom of workers already working in Kuwait has been limited, "passports are seized, false cases are filed by the employer saying that they have 'run away' or other legal actions are taken as revenge," he said in a statement released by WATCH, "There is no solid basis for the Kuwaiti authorities to claim that this policy balances the interests of employers and workers." It makes it easier for employers to oppress workers and is likely to be used as a weapon of revenge.'

Such rules are already in force in Saudi Arabia and Qatar. There is a lot of international pressure on Saudi Arabia to remove this policy. Although Qatar has made some improvements in this policy after 2018 after the big pressure after playing the World Cup football, there is still no complete freedom . Oman and Bahrain also have a similar permit system .

The United Arab Emirates (UAE) does not give employers the right to control the passports of migrant workers. Freedom of labor is protected to some extent . Kuwait has revised the residency laws related to foreign workers and made them more strict. The law passed in November 2024 limits the residence period of migrant workers to 5 years.

The salary of workers who want to bring a family is 800 dinars (US 42 thousand 614). If the period of residence is exceeded, if the document is not submitted, or if the document is entered without a document, it has been introduced to pay a fine of 1 to 5 years in prison and thousands of Kuwaiti dinars.  

Penalty provisions

1 year imprisonment or 1,200 dinars fine for overstaying

1 year imprisonment and 2,000 dinars fine for overstaying tourist visa

3 years imprisonment for illegally entering the country and  3,000 fine