• If a Kuwaiti with the required qualification or its equivalent or the required experience does not apply to take the job
• The total monthly salary or bonus given to a non-Kuwaiti may not exceed what is given to a Kuwaiti
Speaker of the National Assembly, Ahmed Abdulaziz Al-Saadoun, proposed a law regarding assuming public positions, and the proposal stipulated the following: - After reviewing the constitution,
- And the Emiri order issued on 10 Rabi’ al-Akhir 1443 AH, corresponding to November 15, 2021 AD, requesting the assistance of His Highness the Crown Prince to exercise some of the Emir’s constitutional powers,
- Emiri Decree No. 15 of 1959 regarding the Kuwaiti Nationality Law and the laws amending it,
- Decree Law No. 15 of 1979 regarding civil service and the laws amending it,
- And the decree issued on April 4, 1979 regarding the civil service system and its amendments, - And Law No. 1 of 1993 regarding the protection of public funds and the laws amending it,
- The National Assembly approved the following law, and we have ratified and issued it:
Article One: In application of the provisions of this law, it is considered a public job to work in government ministries and departments or in any entity with an attached or independent budget or in any company fully owned by the state.
Article Two: Public jobs are a national service entrusted to those who perform them. State employees, in performing their jobs, aim for the public interest. Public positions are restricted to Kuwaitis.
Article Three: As an exception to the second paragraph of Article Two of this law, the entities and companies stipulated in Article One of this law may contract with a non-Kuwaiti to assume public employment in accordance with the following conditions:
A- Announcement of the vacant public position on the website of the entity requesting appointment, on the website of the Civil Service Commission, and in two widely circulated Kuwaiti Arab daily newspapers.
B- If no Kuwaitis who hold the required qualification or its equivalent or the required experience apply, or if no Kuwaiti applies to assume the public job announced in accordance with Clause (A) of this Article.
C- The total monthly salary or bonus granted to a non-Kuwaiti may not exceed the monthly salary given to a Kuwaiti if he assumes the same public job, and the contract must be for a temporary period not exceeding one year, subject to renewal after it is announced again and without anyone applying. It has a Kuwaiti who meets the conditions stipulated in this article, and taking into account Law No. 1 of 1993 referred to, it is not permissible in all cases to pay a non-Kuwaitis periodic or annual bonuses or any allowances for attending committees or other benefits whatsoever, with the exception of The monthly salary or bonus assigned to him in accordance with this article.
D- It is prohibited to contract with any party, regardless of its legal form or name, to provide these entities and companies with non-Kuwaiti employees, and any contract in this manner is considered absolutely invalid.
Article Four: The provisions of this law apply to every non-Kuwaitis who holds a public job before working in it, immediately upon the expiration of a contract or secondment to each of them, or after one year has passed since the implementation of this law, as the case may be.
Article Five: This is considered a special law, and its provisions are considered special provisions, and every provision in a general or private law that conflicts with this law is repealed.
Article Six: The Prime Minister and the ministers - each within his jurisdiction - must implement this law, and it will come into effect from the date of its publication in the Official Gazette. Crown Prince Meshaal Al-Ahmad Al-Jaber Al-Sabah
The explanatory memorandum for the proposed law regarding assuming public jobs stated the following: Despite repeated calls and pledges to nationalize public jobs in compliance with the provisions of Article 26 of the Constitution, and despite the submission of proposals for laws by some members in previous legislative chapters and reports on them from specialized parliamentary committees. However, non-Kuwaitis assuming public, and sometimes the most dangerous, sensitive positions in various positions that control many aspects of the state continues at the expense of the nation first and then at the expense of Kuwaitis who hold the same required qualifications or their equivalent or the experience required to assume these positions, which has resulted in the continuation of The number of unemployed Kuwaitis has increased, and has sparked angry, continuous and justified reactions from various segments of Kuwaiti society, during which they expressed their extreme dissatisfaction through various legitimate means available, especially through the media and social media, and demanded that this reality be addressed, put an immediate end to it, and the provision of job opportunities for Kuwaitis in their country.
In response to the continued legislative treatment of the Kuwaitization of public jobs in accordance with the provisions of Article 26 of the Constitution, I submit this proposal for a law that includes in its first article a definition of public job as working in government ministries and departments or in any entity with an attached or independent budget or in any state-owned company. perfect.
The second article of this law stipulates in its first paragraph that public jobs are a national service entrusted to those who hold them, and state employees, in performing their work, aim for the public interest. The second paragraph stipulates that holding public jobs is limited to Kuwaitis.
As an exception to the provisions of the second paragraph of Article Two of this law, Article Three permits the entities and companies referred to in Article One of this law to contract with non-Kuwaitis in accordance with the conditions included in Article Three of this law, while adhering - without a doubt - to all other conditions stipulated The Kuwaiti has the right to assume or continue in the public job, such as the age requirement, for example. Perhaps it is more appropriate, in the absence of Kuwaitis, for the children of Kuwaiti women to be given priority in assuming the public job, as well as those addressed in Clause (Third) of Article (5) of Amiri Decree No. 15 of 1959 referred to, if they meet all of the qualification conditions or its equivalent or the required experience stipulated in this article.
In respect of contractual rights, Article Four of this law stipulates that its provisions apply to every non-Kuwaitis who holds a public job before working in it, immediately upon the expiration of a contract or secondment to each of them, or after one year has passed since the implementation of this law, as the case may be. In order to block the way for any continued interpretations, interpretations, or attempts to obstruct or circumvent the nationalization of public jobs by some parties that have practiced and may still be practicing these actions, and to prohibit taking any measure for non-Kuwaitis to assume public jobs in accordance with the Civil Service Law and Decree or other relevant laws. The relationship or any other contracts or loans, as the case may be, except based on the provisions of this law, especially Article Two of it, and the exception mentioned in Article Three of this law. Article Five stipulates that this is considered a special law and its provisions are special provisions, and every provision in a general law or Special is inconsistent with this law. Article Six - Executive - stipulates that this law shall come into effect from the date of its publication in the Official Gazette.
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