Discrimination
I have been working as a teacher at a school for special needs students in Kuwait for the past 4 years. The school informed me on the 14th of February, 2013 that because of the paucity of funds the school is unable to finance my salary and therefore would not renew my contract any further.
Since the school appreciates my professional expertise, it would like me to continue under the newly structured salary scales. The new scale, as was shown to me, is almost half of what I am currently being paid.
I have also learnt from my colleagues who suffer the same fate as mine due to high salaries that the new pay scale offered to me is the lowest among them. I asked the human resource official of the school to give me a valid reason for this difference and I was told that it was due to my nationality (Pakistani).
I was shocked to hear the comments. It was a clear indication of the discriminating attitude of the school’s administration. It is racism and utter violation of human rights. It means that the school differentiates between the faculty members not on the basis of qualification, experience and performance but on the basis of nationality. Since I am a Pakistani I shall always be placed in the lower scale. The school claims to follow the policy of equal opportunities and universal declaration of human rights. But in actual practice it follows the policy of racial and color discrimination.
I have been very badly hurt by this racial discrimination. I would be obliged if you could guide me where to go to in order to get justice against this violation of human rights.
My other question is: Is the school justified in reducing my salary? I have also been told that if I sign the new contract I shall be paid half of my indemnity. The school will keep the other half of the indemnity. In case I find a better job before the completion of one year of the new contract I shall not be paid any indemnity including the one that I am entitled to after the completion of my old contract.
Name withheld
Answer: Such discrimination is not allowed in Kuwait and there are a number of places that you can go to in the country, starting with the Private Education Department, the Labor Dept, Kuwait Human Rights Society and the Human Rights Society at the National Assembly.
You can also take the case to court if you have suffered — even mentally — as the result of the discrimination.
Secondly, the Kuwait Labor Law does not permit any reduction in the salaries of employees and the school can’t do the same for any reason unless you accept the new terms (Even then a good lawyer can argue that it is a violation of the law).
And lastly, if your first contract is terminated you will be entitled to full indemnity and not half. Nor can the company forfeit any part of it for any reason. It can also not be linked to the second contract. You must get all your money and if for any reason the school gives you only some portion of it, you can file a case with the Labor Dept in your area.