KUWAIT: Visa trading, illegal businesses are thriving in Kuwait despite measures taken by the Kuwaiti government to improve worker's rights. Recently the Kuwaiti Parliament overwhelmingly voted in favor of a new labor law that provides massive rights for their expatriate especially for workers in the private sector. But the new labor law stops short of abolishing the Sponsorship system -a law that will supposedly create a total dependence of the worker on his sponsor.

According some human rights groups, if kafil system eliminated there could be end to some human rights and workers violations including visa trading. Earlier reports said that legislation provides more rights for workers in the private sector, including better annual leave, end of service indemnities and holidays. The bill requires the government to introduce a minimum wage for certain jobs, especially in the lower-paid categories. New labor law will be implemented next year.

Mendie (not her real name) worked with her Kuwaiti sponsor for the past six years as domestic helper. With her boss permission, almost a year ago, she had her job shifted from housemaid to a dressmaker. She got her new visa and employer, yet she's holding an article 20 visa, which is nothing but similar to visa from her previous employment as housemaid. Domestic help affairs in Kuwait are handled by Kuwait's Ministry of Interior while article 18 visa are enforced by Kuwait's Ministry of Labor and Social Affairs, under which they have special advantages and disadvantages. However, if you are working in private sector (commercial businesses), you should be holding article 18 visa, but if your employer provides you with article 20 visa, then, your sponsor is clearly violating Kuwait's prevailing law.

My employer has been into collusion with local agency, so she can get workers from the Philippines easily. But I was hired locally with three other Filipinas. She promised us visa 18, but until now, we are working under visa 20," Mendie said. When Mendie's demanded for her rights, her sponsor told her to pay KD700 and she's free to leave her dress shop. "I told her I want to leave and get a release without money involved just like the way my previous sponsor had let me transfer to her sponsorship, but now she's demanding KD700, where can I get KD700, so I told her to just let me go back to my country, now, she don't want to give my passport.

Mendie's condition was just one of many workers in Kuwait whose rights are violated by their sponsors. Kuwait's Municipality regularly inspects businesses, but the like of business of Mendie's employer cannot be detected. "I think we have no permit to operate. Our business is located in the Kuwaiti area; you'll never know that this villa (that she used to work) has the tailoring shop inside, so no inspection of sorts. Besides, we are also being kept here inside this villa with my colleague in dress shop, six Filipinas and two Indians.

We have no day off as well, and our problem was about our salary. We cannot complain in the Ministry of Labor because we are under article 20 visa. Our salaries depends on the mood of our the 'kafil' if she's okay at that time of salary, I can get my KD130 (per month),but if not KD100 only," Mendie admitted. But Mendie said that there has been worse case of some of her Filipina colleagues as well as Indian. "Some of my Filipina colleague only get KD80 salary per month. Now, the Indian dressmaker are not being paid, they are crying but they cannot do anything," Mendie sighed.

Nena (not her real name) another worker with an article 20 visa but a beautician has another story to share. She started her job in Kuwait as housemaid, but after 3.5 years in the house, she shifted her job from housemaid to a beautician. She bought her visa herself. "I have no experience as beautician before, but when my 'kafil' allowed me to work outside, I bought visa 20, now, I been working almost seven years under his sponsorship. But I work with other business as he doesn't have business, but he was just so kind enough to renew my visa with a little amount (of money) paid.

I bought my visa from him KD330, now, he only asked KD100 when renewing it for one year, so I am satisfied with it," Nena quipped. But the problem was in the place of her job. "Baladia (inspection) are coming almost every week, I used to leave (the salon) and runway when inspector is visiting us. Because I know, article 20 visa is not allowed to work as beautician, so we always have do a hide and seek game with inspector," Nena said. Nena admitted to have many friends of similar conditions, but they tend to 'bite the bullet' even paying high amounts to make sure of their survival in Kuwait and their job than to leave the country without job and money.