Cairo: Kuwait has cancelled contested linkage of end-of-service gratuity payout to expatriates to their departure from the country, a local newspaper has said.
Maryam Al Aqeel, the chairwoman of the Civil Service Commission, Kuwait’s government employment agency, has issued a circular revoking the condition linking the payout to one-time foreign government employees' presentation of their departure notifications, Al Rai said.
The circular comes after the commission has cancelled a related decree in compliance with an earlier ruling from Kuwait’s top court invalidating the restriction.
Al Rai, citing official sources at the commission, said dozens of expatriates whose services have been terminated as part of Kuwait’s policy replacing foreign employees with citizens, have been unable yet to get their end-of-service entitlements.
The commission, added the sources, will coordinate with the Finance Ministry to augment allocations for paying out end-of-service gratuity to cover financial rights of foreign employments whose service have recently been terminated as part of the job replacement policy known as Kuwaitisation. No specific figures have been provided.
Earlier this year, Kuwait’s Constitutional Court dismissed as unconstitutional a condition set by the Civil Service Commission linking expatriates’ access to their end-of-service on transferring their residency permits to presenting a departure notification.
The court said in its ruling that the commission’s 2018 decision violates the principle of equality established in the Kuwaiti constitution as the decision draws distinction between two categories of non-Kuwait employees allowing one to obtain their end-of-service gratuity without having to present the departure notification while denying the other the same treatment.
“The end-of-service gratuity is part of rights that the administrative agency is committed to deliver upon the end of the employee’s service and has no constitutional justification to withhold it,” the court added.
Foreigners make up nearly 3.4 million of Kuwait’s overall population of 4.6 million.