Employer Transfer and Portability in Kuwait

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Source: Law No. 17 of 1959 (Foreigners Residence Law, as amended); PAM Ministerial Decisions on employer transfers

Reviewed by the Commoner Law Editorial Team. Sourced from Kuwaiti national legislation, Amiri decrees, and ministerial decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Kuwaiti National Law

What is this right?

Kuwait's kafala system has not been reformed as extensively as the UAE or Qatar — employer transfers still typically require a No Objection Certificate (NOC), but PAM has the authority to override this in certain situations:

  • You can apply to transfer to a new employer after completing 1 year with your current sponsor, provided you have a valid offer from the new employer.
  • Transfer normally requires a No Objection Certificate (NOC) from your current employer — this is the key difference from the UAE and Qatar, which have largely eliminated the NOC requirement.
  • PAM can override the NOC requirement if your employer has violated the labour law: non-payment of wages, physical abuse, or unilateral contract changes.
  • If your employment contract has expired or been terminated, you can transfer without an NOC.
  • PAM processes the transfer — processing typically takes 2-4 weeks. Apply through the PAM office or the MOI online portal.

When does it apply?

  • You want to change employers while remaining in Kuwait — you have completed at least one year or your contract has ended.
  • Your employer has not paid your salary, abused you, or breached your contract — you can request an immediate transfer without NOC.
  • Your employer is refusing to give you a NOC despite your legal entitlement to transfer.

What to Do If Your Employer Is Blocking Your Transfer to a New Job in Kuwait

  • Secure a written job offer from your new employer first — PAM requires this before processing a transfer.
  • Request the NOC from your current employer — if they refuse and you qualify for transfer, go directly to PAM.
  • If your employer is blocking the transfer illegally, file a labour complaint with PAM documenting the abuse or contract violation.
  • Ensure your end-of-service indemnity from your previous employer is calculated and settled.

What should you NOT do?

  • Do not leave your current job before the transfer is officially approved by PAM — you would be in illegal status during the gap.
  • Do not pay your employer for an NOC — the transfer is a legal right, not something you should have to purchase.
  • Do not start working for the new employer until PAM confirms the transfer is complete — this protects both you and the new sponsor.

Common Questions

When does it applyemployer transfer and portability?

You want to change employers while remaining in Kuwait — you have completed at least one year or your contract has ended.Your employer has not paid your salary, abused you, or breached your contract — you can request an immediate transfer without NOC.Your employer is refusing to give you a NOC despite your legal entitlement to transfer.

What should I do if my employer in Kuwait is refusing to give me a NOC to change jobs?

Secure a written job offer from your new employer first — PAM requires this before processing a transfer.Request the NOC from your current employer — if they refuse and you qualify for transfer, go directly to PAM.If your employer is blocking the transfer illegally, file a labour complaint with PAM documenting the abuse or contract violation.Ensure your end-of-service indemnity from your previous employer is calculated and settled.

What should you NOT doemployer transfer and portability?

Do not leave your current job before the transfer is officially approved by PAM — you would be in illegal status during the gap.Do not pay your employer for an NOC — the transfer is a legal right, not something you should have to purchase.Do not start working for the new employer until PAM confirms the transfer is complete — this protects both you and the new sponsor.

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