Maximum Limit For Expatriate Workers

Arabic local news paper Alqabas reported that The Human Resources Development Committee completed the proposed draft of the Demographic Organization and Management Law in preparation for voting on it after receiving the Ministry of Justice’s responses to the penalties stipulated in the law. The draft, the Council of Ministers to issue a decision within 6 months from the date on which the law comes into force, including the maximum limit for expatriate workers.

The draft stipulated that a committee called “the National Committee for Organizing and Managing the Demographics” be established. A decree is issued to form the committee headed by the competent minister and the membership of a representative of a number of bodies. The draft law decided the following: The formed committee is responsible for the following: – Preparing a study on the causes of the imbalance of the population structure in the State of Kuwait and setting the general policy for organizing the population structure in a way that serves the objectives of the state’s general development plan.

– Estimating the actual needs of the specializations required of foreign workers in the country and determining the number of foreign workers in excess of the state’s need. – Presenting recommendations to the concerned authorities to direct the outputs of education and to fill the deficit in the labor market of Kuwaiti workers. The draft stipulated that the Council of Ministers shall determine, by a decision issued, within six months of the date this law comes into effect, the maximum limit for expatriate workers in a manner that preserves the relative weight of this labor in its entirety to the number of citizens, and the relative weight of each nationality separately, in light of the reports and studies prepared by the authorities Competent as the National Committee for Organizing and Managing the Demographics. Upon setting the maximum aforementioned in the preceding paragraph, the Council of Ministers shall issue a decision regarding the numbers that are brought in from abroad to meet the country’s needs during the year following the issuance of the decision, including academic qualifications, experiences, specializations, professions, trades and various jobs, with a mechanism for selection for each of them. The Council also issues similar annual decisions, which are enforced from the first of April following the expiration of one year after the implementation of the previous decision. Liquidating the status of expatriates The Council of Ministers liquidates the status of expatriate workers who exceed the needs of the labor market in terms of qualifications, specialties, professions, trades and various jobs in the three sectors, government, civil and oil, within five years from the date this law comes into effect by decisions issued by the Council in light of studies and reports prepared by the competent authorities such as the National Committee To organize and manage demographics. It is not permissible to authorize residency or renewal of residency for a foreigner of the categories stipulated in the previous paragraph, except in accordance with the conditions, rules and conditions specified by the executive regulations. Excluded groups The draft law defined 10 categories that are excluded from the maximum employment limit as follows:

1- Citizens of the Gulf Cooperation Council countries.

2- Members of the judiciary, including the judiciary and the public prosecution.

3- Heads and members of political missions delegated to the State of Kuwait and their families, and those working in these missions, on condition of reciprocity.

4- Military missions of countries with which Kuwait concludes security agreements, and assistive workers for these missions.

5- Air operators, including pilots, their assistants and cabin crew.

6- The labor that is brought in from abroad by foreign companies that carry out or participate in the implementation of infrastructure projects or other economic development projects, until they are finally delivered to the relevant public authority.

7- Domestic workers.

8- Kuwaiti spouses and their children.

9- Medical professions and educational jobs.

10- Other categories for which a decision is issued by the Council of Ministers.

Prohibitions Governmental agencies are prohibited from agreeing to do the following:

1- Converting domestic workers into labor according to the private or oil sector.

2- Converting the visit visa to work residence or joining a family.

3- Renewal of the residency of the recruited worker according to government contracts after the end of the government project, in the event that he is not needed in any other government project.

 

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