Human Resources : Revoking The Residency Of An Expatriate At The End Of The Work Contract

A Memorandum prepared by the Technical Office of the Human Resources
Development Committee called for the adoption of 6 urgent solutions to the
problem of demographics, including linking the residence of a migrant worker to
valid work contracts provided that he is deported after their expiry, tightening
control over entry visas and transferring residence, and prohibiting the employment
of expatriate workers in a number of sectors Functional.

 

The memo, of which Al- Qabas obtained a copy, stressed that the rapid reduction in the number of workers
without study leads to 4 economic risks on commodity prices, the real estate market,
the labor market and the private sector. The memo dealt with the content of 5 of the
proposals considered by the committee, as it stated the following: The first five
proposals were very similar, aiming to form a committee that includes
representatives of several government agencies, to be subordinate according to the
proposals to either the Minister of Interior or the Minister of State for Economic
Affairs, to be formally entrusted with following up on the imbalance in the
demographics, and it has several specializations, namely:

1. Setting a specific and appropriate percentage to be a ceiling on the number of
expatriate workers of each nationality (a maximum number of expatriates that
does not exceed 50% of the total number of citizens).
2. Oblige this body to prepare periodic reports to the Council of Ministers and
the National Assembly to follow up on the activities of this committee.
3. Developing a vision, a plan and a labor policy designed to treating the
imbalance in the demographic structure, and its negative repercussions on the
security, health, political and economic situation.4. Determining a binding annual rate for the replacement of expatriate workers
by Kuwaiti workers.
5. Issuing regulatory decisions to oblige companies and entities to the
percentages determined by the plan.
6. Linking education outcomes with the targeted percentages to fill the deficit in
the labor market for Kuwaiti workers.
7. Studying the establishment of workers' population cities, and establishing a
company to bring in foreign workers.
8. Setting a time limit for the implementation and completion of the plan.

Technical opinion
First of all, we emphasize that the demographic imbalance represents a major
challenge for the concerned authorities, as according to the latest statement of the
current prime minister that the population of the State of Kuwait is four million and
800 thousand, of whom Kuwaitis represent one million and 450 thousand, and non-
Kuwaitis three million and 350 thousand, in other words The percentage of Kuwaitis
is 30%, and non-Kuwaitis is 70%. The matter requires concerted efforts and parallel
steps taken by all concerned parties so that the gap between the two percentages.
Although the proposals were sound, their purpose was noble and harmony with the
constitution, they included a statement of the form, composition, work procedures,
specializations and goal of the emerging administrative apparatus, and the idea of
​​these proposals contradicts the state’s new approach to reducing and merging
administrative bodies and agencies, and approving the formation of a committee
concerned with this topic will need Until it exercises its competencies for a period of
time until it finishes forming a functional structure, salary scale, distribution of tasks,
and the existence of a budget and other necessary administrative consequences
when forming any new administrative apparatus, which means delay in finding a
vision, starting implementation and collecting results.And because the aim of
legislation is filling gaps, address deficiencies and deficiencies, or arranging
obligations for the decision-maker and activating his legal role and responsibility,
However these proposals lacked clarification of actual solutions applicable on the
ground to address the demographic composition, so that in order to solve this
problem, balanced measures and steps must be taken. From all concerned
authorities, such as:

• Linking the residency of a migrant worker to valid work contracts, whose residency
expires and travels upon its expiry, except for cases of renewal for him when needed.
• Activating the role of ministries in monitoring residency violators, and ending the
residency of loose or marginal workers.
• Reducing the number of expatriate workers by following up on the government's
actions in the replacement policy.
• The existence of an automation system or an automated system between the
agencies concerned with bringing in labor and the business authorities to link the
expatriate workers with the actual need (academic qualification).

• Amending the Aliens Residence Law or its bylaw to impose additional control on
entry visas and transferring residency.
• Prohibiting the employment of expatriate workers in a number of functional
sectors (supervisory jobs, administrative jobs, and support services in ministries and
agencies). A higher committee to study imbalances It should be noted that the
Ministry of Interior, in its response (attached herewith), reported the existence of a
supreme committee to study the imbalances of the demographics , which was
formed according to the decision of the Minister of Social Affairs and Labor, Minister
of State for Planning and Development No. 52-2014, represented by several bodies,
following which the ministries took many from the procedures and
recommendations, and the tasks of this committee are as follows: • Determining the
defects in the demographics of the state of Kuwait.
• Proposing a set of solutions to correct the imbalance in the demographic structure
and raise them to the decision-maker in the State of Kuwait.
• Developing an integrated vision to restore balance in favor of the national
component in the demographic composition.
The bureau felt that there was no need for these proposals, because there was an
already formed ministerial committee.
Combination processing
Regarding the proposal for a law on the sub-population, submitted by the members,
Badr Al-Mulla, Issa Al-Kandari, Yusef Al-Fadala, Khalil Abel and Rakan Al-Nafsafthe
technical office memo indicated the following:

Content of the proposal:
The enactment of a new law concerned with regulating the demographics
composition in Kuwait, setting a maximum number of foreign nationalities in relation
to the number of citizens, according to an attached table specifying the percentage
of each nationality separately, and prohibiting the recruitment of any person from
these nationalities when exceeding the specified percentages, with the presence of
Some exceptions are for some cases that are not subject to the provisions of this law.

Technical office opinion:
The idea of ​​the proposal is good, and it greatly contributes to restoring the balance
in the demographic composition, but we are moving towards leaving the

determination of percentages to the competent authorities, which will estimate
these percentages in a way that does not harm the functioning of the operating
facilities and the job needs in both the public and private sectors, and the extent of
the ability to reduce the proportions of expatriates and replace The national
component is replaced. It is also safer to determine the percentage of expatriates
not exceeding the number of citizens or half of them, and not assigning a relative
weight to each nationality, for the purposes of flexibility in application and
responding to actual and emerging needs, so determining percentages must be after
preparing studies and knowing the best percentage to meet the state's actual need
for services. Or foreign experiences. We believe that the existence of a relative
weight for each nationality may hinder the administration may impede their
implementation of international agreements to seek the assistance of of expertise in
a specific field, or fill the country's need in another field that may exceed the ratios
specified in the attached table, and in order to avoid any potential problem or
emerging circumstance. we see specifying a general percentage, without going into
details of foreign nationalities, Estimating the need for his services and academic
qualifications, without considering his nationality, as the real problem is numbers,
not nationalities.
“Nationalities quota”

The technical office saw the necessity of setting a schedule that determines the rates
that raises many concerns, as the rapid reduction of the number of workers without
studying this percentage would affect several economic aspects, namely:
1- Purchasing power and commodity prices, so the probability of selling goods
over 4 million varies if products are offered at two million or less.
2- The real estate market, such as being empty of real estate.
3- The labor market, especially as business owners depend heavily on the foreign
element.
4- Concerns about the private sector (private schools, for example)

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