Labor Lawsuit After Revocation of Kuwaiti Citizenship: Rights, Procedures and Claims

The revocation of citizenship may affect an employee’s employment status, but it does not by itself determine the rights arising from the employment relationship. A Labor Lawsuit After Revocation of Kuwaiti Citizenship may involve claims for unpaid wages, end-of-service benefits, notice pay, and other employment rights, depending on the contract, the reason the employment relationship ended, and the available documents.

This article explains the situations in which a labor dispute may arise after the revocation of citizenship, the rights that may be claimed, as well as the documents, procedures, and legal deadlines that should be considered.

When Can a Labor Lawsuit After Revocation of Kuwaiti Citizenship Be Filed?

A labor claim may become necessary when an actual dispute arises with the employer after citizenship is revoked. Common situations include:

• Salary payments stop even though the employee continues working.
• Employment is terminated after the citizenship revocation decision is issued.
• The employee’s registration as national labor is cancelled, resulting in a dispute over continuation of employment.
• The employer refuses to pay end-of-service benefits.
• Notice pay, unused leave compensation, or other entitlements are not paid.
• The employee is asked to sign a final settlement that does not reflect their rights.
• The employer and employee disagree on the actual date the employment relationship ended.
• Employment entitlements that arose before citizenship was revoked remain unpaid.

Labor Law No. 6 of 2010 applies to employees in the private sector. The law defines an employee as a person who performs work for an employer under the employer’s management or supervision in return for wages.

Is a Dispute After Citizenship Revocation a Labor or Administrative Dispute?

The nature of the employer is the first issue that should be considered because citizenship revocation does not mean that all employment disputes follow the same legal route.

If the employee works in the private sector, the claim is generally governed by Labor Law No. 6 of 2010 and its amendments. The procedure begins before the competent Labor Department before the dispute may be referred to court.

If the person is employed by a government authority, the case should not be handled in the same way, as the dispute may instead be governed by the Civil Service system or by specific administrative rules and decisions.

In some situations, the employment relationship may be governed by a special law. In such cases, the applicable legislation should be identified before any action is taken.

Therefore, it is not enough to state that an employee was dismissed after citizenship was revoked. The employer, the legal framework governing the employment relationship, and the appropriate procedure must first be identified.

Does Revocation of Citizenship Eliminate Employment Rights in Kuwait?

The Labor Law does not contain a provision stating that the mere revocation of citizenship automatically eliminates rights that have already arisen from the employment relationship.

Two different issues should therefore be distinguished:

• Rights that have already accrued: such as wages due for work already performed or entitlements arising from an earlier period of service.
• The ability to continue working in the future: this is a separate issue that may be affected by the employee’s new legal status and the procedures required by the Public Authority for Manpower.

Article 10 of the Labor Law prohibits the employment of foreign workers without authorization from the competent authority. A change in the employee’s legal status may therefore require correction of registration or completion of certain procedures before lawful employment can continue.

Rights that arose before the employee’s legal status changed should be assessed separately according to the legal basis of each entitlement.

What Is the Effect of Cancelling National Labor Registration After Citizenship Revocation?

One of the first procedures an employee may face after citizenship is revoked is cancellation of their registration as national labor. However, this procedure alone should not be treated as sufficient evidence that employment entitlements have been lost or as conclusively determining the date the employment contract ended.

The cancellation decision should be compared with the last actual working day, the date wages stopped, any termination letter, and subsequent transactions completed with the Public Authority for Manpower.

Among its official forms, the Public Authority for Manpower provides a request form to reverse cancellation of national labor registration specifically for persons whose citizenship has been revoked. The Authority has also announced a mechanism for handling certain cases involving employers who previously cancelled registration for cases covered by Article Eight.

A copy of the transactions completed with the Authority should therefore be obtained before the employee’s legal position is determined.

What Rights Can Be Claimed in a Labor Lawsuit After Revocation of Kuwaiti Citizenship?

There is no single list that applies to every case. The claims depend on the employment contract and the way the employment relationship ended. They may include the following:

1. Unpaid Wages

An employee may claim wages that became due for work performed but were not paid. The Labor Law provides for:

• Payment of monthly employees’ wages at least once each month.
• Payment of other categories of workers at least once every two weeks.
• Wages not being delayed beyond the seventh day from the date they become due.
• Payment of employees’ entitlements into their accounts with financial institutions in accordance with the applicable rules.

If the employee continued working after citizenship was revoked and salary payments later stopped, bank statements, attendance records, and employment correspondence may be important evidence of the period worked and the amount due.

2. End-of-Service Benefits

Article 51 of the Labor Law regulates the calculation of end-of-service benefits, and the amount varies according to the wage payment method and length of service.

For a monthly paid employee, the law generally provides for:

• Fifteen days’ wages for each of the first five years.
• One month’s wage for each subsequent year.
• The total benefit not exceeding one and a half years’ wages.
• Proportionate entitlement for fractions of a year according to the period served.
• Consideration of Social Security rules when calculating the final amount.

When calculating the benefit, the employee’s Social Security status should be considered together with the length of service, wage, and method by which the employment relationship ended.

3. Notice Pay

If the employment contract is indefinite, Article 44 generally provides for:

• At least three months’ notice before terminating a monthly paid employee.
• At least one month’s notice for other employees.
• Payment equivalent to the wage for the notice period where the terminating party does not observe the required notice period.

If employment is terminated immediately after a citizenship revocation decision is issued, it should be determined whether lawful notice was provided or whether notice pay is due.

4. Compensation for Early Termination of a Fixed-Term Contract

If a fixed-term contract is terminated before its expiry without legal justification, a compensation claim may arise under Article 47. When assessing the claim, consideration may be given to:

• The remaining period of the contract.
• The employee’s wage.
• The damage caused by termination.
• The nature of the work.
• The circumstances surrounding termination.

Under Article 47, compensation may not exceed the employee’s wages for the remaining period of the contract.

5. End-of-Service Certificate and Employment Documents

When employment ends, the employee may request an end-of-service certificate stating:

• The period of service.
• The nature of the work performed.
• The last wage received.

The employer must also return documents, certificates, and tools previously deposited with it by the employee.

These documents may be particularly important where citizenship has been revoked because they may help prove the dates and duration of the employment relationship if the employee’s civil data or registration method later changes.

Can an Employee Be Dismissed Because Kuwaiti Citizenship Was Revoked?

Article 41 of the Labor Law does not contain a separate provision treating citizenship revocation itself as a ground for dismissal without notice, compensation, or end-of-service benefits.

The Article specifies certain situations in which dismissal without notice, compensation, or end-of-service benefits may be permitted, including, for example:

• The employee commits an error causing substantial loss to the employer.
• It is established that the employee obtained the job through fraud or misrepresentation.
• The employee discloses confidential business information in a manner that causes or could cause an established loss.

The law also regulates other grounds for dismissal and, in some cases, gives an employee the right to challenge the decision and claim compensation if unfairness is established.

However, a distinction should be made between dismissal because citizenship was revoked and an inability to continue working because the employee’s legal status changed and newly required procedures were not completed.

Accordingly, a dismissal cannot automatically be characterized as lawful or unfair before reviewing:

• The written reason for dismissal.
• The employee’s new legal status.
• Public Authority for Manpower procedures.
• The type of employment contract.
• The date of notice.
• The entitlements paid by the employer upon termination.

Documents Required for a Labor Lawsuit After Revocation of Kuwaiti Citizenship

It is preferable to prepare an organized dispute file before submitting the complaint rather than collecting documents gradually while the proceedings are already underway.

Important documents may include:

• The employment contract and all annexes and amendments.
• The employee’s registration notice with the Public Authority for Manpower.
• The registration cancellation document, if any.
• Any document proving reversal of the cancellation or a request for such reversal.
• The termination letter or resignation.
• Bank statements proving salary payments.
• Payroll records, if available.
• End-of-service certificate.
• A statement showing the period of Social Security contributions.
• Leave records.
• Correspondence between the employee and Human Resources.
• Evidence of the last actual working day.
• Official documents relating to the change in legal status and civil information.
• Any settlement or declaration the employer requested the employee to sign.

It is preferable to arrange the documents chronologically from the beginning of employment until the date of the dispute. The difference between the date citizenship was revoked, the date registration was cancelled, and the date the employment contract ended may affect the determination of employment rights.

What Is the Time Limit for Filing a Labor Lawsuit After Citizenship Revocation?

Article 144 of the Labor Law provides that employment claims brought by workers under the Labor Law will not be heard, where denied, after one year has passed from the date the employment contract ended, subject to the interruption rule referred to in the same Article.

The law also exempts lawsuits brought by employees or persons entitled through them from court fees, while preserving the court’s authority regarding costs as provided by law.

In practice, the date on which the employment relationship ended should be established and compared with the relevant documents and the date the claim was submitted, because calculation of the limitation period depends on this point.

Do not assume that the existence of an objection or proceedings relating to citizenship revocation automatically suspends the period applicable to employment claims. The two legal routes are separate.

Procedures for Filing a Labor Lawsuit After Revocation of Kuwaiti Citizenship

A Labor Lawsuit After Revocation of Kuwaiti Citizenship in the private sector does not begin by filing a statement of claim directly before the court. The Labor Law requires a preliminary procedure before the dispute can proceed to court.

Consult a Lawyer and Review the Case File

The first step is to review the case with a lawyer in Kuwait to determine the legal framework governing the employment relationship, then organize the contract, Public Authority for Manpower procedures, and termination events chronologically and connect them with the documents and deadlines affecting the claim.

Determine the Value of the Claims

After identifying the potential entitlements, a detailed statement should be prepared showing the value of each claim, its calculation basis, and the document supporting it.

This helps organize the requests when preparing a statement of claim for employment rights or other memoranda connected with the dispute, depending on the procedural route.

Submit a Claim to the Competent Labor Department

Article 146 requires that a lawsuit be preceded by a claim submitted by the employee, or persons entitled through the employee, to the competent Labor Department.

Attempt an Amicable Settlement

The Department summons both parties to attempt to reach a settlement.

For this reason, the claims should from the beginning be:

• Specific.
• Calculated.
• Supported by documents.
• Connected to clear facts.

Referral of the Dispute to Court

If no settlement is reached, the law requires the Department to refer the dispute to the Court of First Instance within one month from the date the claim was submitted, together with a memorandum summarizing the dispute, the parties’ arguments, and the Department’s observations.

Hearing of the Labor Lawsuit

Article 147 provides that the Court Registry must schedule a hearing within three days of receiving the request and notify both parties.

The court then considers the documents, claims, and defenses until judgment is issued in the dispute.

What Is the Difference Between National Labor Support and Wages After Citizenship Revocation?

Wages paid by the employer should not be confused with national labor support because each has a different source and legal basis.

• Wages: the amount owed to the employee by the employer in return for the work performed.
• National labor support: governed by the rules, decisions, and conditions regulating entitlement to it.

Accordingly, the suspension or continuation of national labor support alone does not prove that the employer paid the employee’s wages, nor does it conclusively establish whether the employment contract continued or ended.

The Role of a Lawyer in a Labor Lawsuit After Citizenship Revocation

These cases require review that goes beyond merely calculating end-of-service benefits because the change in the employee’s legal status may involve Public Authority for Manpower procedures, Social Security, and the employment contract.

Depending on the circumstances of the case, the role of an employment lawyer in Kuwait may include:

• Identifying the applicable legal framework and claim route.
• Building a chronology of the employment relationship and Public Authority for Manpower procedures.
• Reviewing the reason for termination and any settlement agreement.
• Calculating each claim and documenting its legal basis.
• Following up on the complaint, settlement, lawsuit, and subsequent procedures where necessary.

Frequently Asked Questions About Labor Lawsuits After Revocation of Kuwaiti Citizenship

Does revocation of Kuwaiti citizenship automatically eliminate employment rights?

No. Rights already earned from the employment relationship, such as unpaid wages or prior service entitlements, must be assessed separately.

Can an employee file a labor lawsuit after citizenship is revoked?

Yes, where an actual dispute arises with a private-sector employer over wages, termination, end-of-service benefits, notice pay, or other rights.

Is every employment dispute after citizenship revocation a labor case?

No. Private-sector disputes are generally labor matters, while government employment may be governed by civil service or administrative rules.

Can unpaid wages still be claimed after citizenship revocation?

Yes. Wages due for work actually performed may still be claimed and supported by bank statements, attendance records, and employment correspondence.

Can end-of-service benefits be claimed after citizenship revocation?

They may be claimed depending on the employee’s service period, wage, Social Security position, and the way the employment relationship ended.

Is notice pay available if employment ends immediately?

It may be due where an indefinite-term contract is terminated without observing the required notice period, subject to the circumstances of the case.

In conclusion, assessing a Labor Lawsuit After Revocation of Kuwaiti Citizenship requires reviewing how the citizenship decision affected the employment relationship, as well as subsequent procedures concerning registration, wages, and termination of employment.

You can schedule an appointment with Attorney Fahad Ahmed Al-Saeed to review the case file, identify the potential claims, and determine the appropriate procedure according to the circumstances of the case and any requirements that should be completed before taking the next legal step.

Legal Disclaimer: This content is for general educational purposes and does not constitute legal advice. The appropriate legal treatment varies according to the basis for the revocation of citizenship, the nature of the employer, the type of employment contract, the employee’s status before the competent authorities, and the documents relating to each case.