The proposal states that public jobs are a national service entrusted to those in charge, and state employees perform their jobs for the public interest, which mandates that foreigners cannot be given these jobs except in cases where no qualified Kuwaitis are available to assume the public job after announcing it in the Kuwaiti media and if no Kuwaiti submits the application to fill the vacant post.
In such cases it is allowed for the entities and companies referred to in Article 1 of this law to contract with a foreigner who meets the required qualification or its equivalent to assume the public office, while also adhering to the condition of the age at which a Kuwaiti is entitled to assume or continue in the public office, provided that the total monthly salary or bonus granted to a foreigner should not exceed what is granted to a Kuwaiti in the event he assumes the same job, reports Al-Jarida daily.
It is also stipulated that the contract is temporary not exceeding one year, subject to renewal after the vacancy is announced again and no Kuwaiti opts to fill the vacancy.
The monthly remuneration provisions of this law apply to all foreigners who assume a public job. This law is considered a special law, and its provisions are considered special provisions. Every provision in a public or private law that contradicts this law shall be repealed, and every action taken in violation of the provisions of this law shall be considered null and void.
The explanatory memo of the proposal said that despite the repeated calls and pledges for Kuwaitization of public positions, in compliance with the provisions of Article 26 of the constitution, which stipulates that: “Public positions are a national service entrusted to those in charge of them, and state employees aim to perform their jobs in the public interest, and foreigners are not given public positions” except in the cases indicated by the law.”
Assuming public positions by foreigners, and even in the most dangerous cases, is sensitive in various locations that control many aspects of the state, continues at the expense of the homeland first, and then at the expense of Kuwaitis who hold the same or equivalent qualifications required to assume these jobs.
The memo added the number of unemployed Kuwaitis has sparked anger and various segments of Kuwaiti society have justified reactions, during which they expressed by various available legitimate means, especially through the media and social media, their strong discontent and demanded to address this imposed reality and put an immediate end to it by providing job opportunities for Kuwaitis in their own country.
“In response to addressing the legislative process of Kuwaitization of public positions, and in order to ensure the nationalization of public positions in compliance with the provisions of Article 26 of the Constitution, we present this proposal by law that includes a definition of public office (Article One), derived from directives of Article (26) of the Constitution – without mentioning in its preamble to any of the relevant laws, so that this law stipulates that foreigners are not appointed to public jobs except in cases where there are no Kuwaitis who hold the required qualification or its equivalent to assume the public job after announcing it in the Kuwaiti media and no Kuwaiti applied to assume it after the announcement,” said the source.
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