Title
Guidelines for Repatriating Filipino Workers in Kuwait
Law
Poea Memorandum Circular No. 14, S. 1986
Decision Date
Aug 5, 1986
Guidelines for the repatriation of Filipino contract workers in Kuwait outline the necessary procedures and requirements for domestic helpers facing maltreatment, emphasizing the role of employers in sponsorship release and the importance of securing exit permits from the Ministry of Interior.

Visa sponsorship and employer release control

  • All contract workers (CWs) in Kuwait and in Middle East countries are covered by employer sponsorship visas, and only the sponsor may give sponsorship release.
  • Embassy and employment agencies, not being sponsored, have no authority to effect release for CWs.
  • The Embassy and employment agencies are limited to representation, persuasion, and appeals for release.

Contract term and limits on early release

  • All CWs are contracted for a period of time, and work contracts specify the period of employment.
  • Asking release before the contract expires for reasons “not specified in the contract”—including inability to perform work, illness, or death in the family—is not acceptable for release purposes.
  • Early release becomes allowable only if the employer agrees to release before the contract period expires.

Conditions when employer agrees early

  • If an employer agrees to release before the contract expires, the employer may demand, among others, a refund of expenses incurred.
  • The refund includes a one-way ticket Manila–Kuwait about 500 US Dollars.
  • The guidelines state that agents do not pay these expenses three months after worker’s deployment.
  • The guidelines state that passports are released to CWs on the latter’s payment of employers’ expenses.

Exit permit requirements from Kuwait authorities

  • After securing release, a CW must present release papers to the Kuwait Ministry of Interior, Passport and Nationality Office for an exit permit.
  • A CW cannot leave Kuwait without the exit permit.
  • Exit permits are not issued immediately, and timing delays must be expected.
  • If the CW is a runaway, the guidelines require that investigation on the case is conducted.

Airline ticket presentation and limitation

  • Airline tickets—whether purchased by the CW’s agent or sent by relatives—with definite booking must be presented to the Ministry of Interior when applying for the exit permit.
  • The guidelines state that mere holding of an airline ticket does not by itself allow a CW to leave Kuwait.
  • A CW must possess both (1) a release permit from the employer and (2) an exit permit from the Ministry of Interior.

Role of the Philippine Embassy and contact rules

  • The guidelines state that the Embassy invariably assists, even while the process takes time.
  • The guidelines state that employers generally resent being invited to the Embassy or having contacts made with their employees.

Runaways and assistance based on known whereabouts

  • Assistance to run-away maids is available subject to their whereabouts being known to the post.
  • The guidelines state that some housemaids conceal their whereabouts or use assumed names.

Sworn statement for staying or working elsewhere

  • The guidelines cover cases where CWs obtain release from the original employer to work for others or wish to remain in Kuwait for personal reasons.
  • In these cases, the Embassy requires the CW to submit a sworn statement of intention for record purposes.

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