Kuwait's Draft Law On Expat Quotas Exempts Domestic Helpers

28 July 2020 Expats

A draft law aimed at fixing the demographic imbalance in Kuwait by limiting the population of the expat communities in the country to percentages in relation to Kuwaitis is currently under scrutiny. It is written in an exemption for domestic helpers, Gulf nationals and workers on government contracts among others, according to the panel report. The draft law was submitted by five lawmakers, and has already received approval by the legal and legislative committee.

In the draft, Indian community must not exceed 15 percent of the population of Kuwaitis; Sri Lankans, Filipinos and Egyptians are limited to 10 percent each; Bangladeshis, Pakistanis, Nepalis and Vietnamese should not cross five percent each and other communities have to remain at three percent.

A review was done by the legal committee that released a report stating the bill was not violating any part of the constitution or other laws, and is a possible effective tool to balance the population of expats. However, the committee referred it to the concerned panel – the human resources development committee – for further study to check the possibility of its implementation alongside a number of other draft laws on the same issue.

In the draft law, the exemption clause is for around 750,000 domestic helpers, tens of thousands of Gulf nationals and tens of thousands of workers on government contracts, in addition to diplomats and relatives of Kuwaitis. They are not included in the percentages.

One of the clauses of the bill mentions that the recruitment of any nationality will be halted if its numbers exceed the specified percentage, to be continued as long as the numbers are more than the percentage permitted.

Other details of the law includes a ban on the transfer of domestic residences to work permits, as well as visit visas cannot be transferred into work or dependent visas. Residencies of workers tied to government contracts cannot be renewed.

The legal committee also recommended the implementation process to be established should be gradual towards meeting the specified targets. The committee report noted that surplus expats will not have to face deportation from the country once the law comes into effect, but, recruitment from abroad will be stopped until the number of each community falls within the percentage mentioned. The bill also calls for a jail term of up to 10 years and a fine not exceeding KD 100,000 for any public employee that gives approval for the recruitment of a foreigner belonging to the community which has more than the specified number in the country.

 

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