Draft law on demographics of expats

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KUWAIT CITY, Aug 20: The Human Resources Development Committee completed the proposed draft of the Demographic Organization and Management Law which will be reviewed by the Ministry of Justice as penalties are stipulated in the law. The draft law will have to be approved by the Council of Ministers within 6 months from which the law will come into force which includes a limitation cap of expat workers.

The draft stipulated that it needs to establish a National Committee for Organizing and Managing the Demographics which will be headed by ministers and representatives from various agencies.

The committee is responsible for the following:

• Preparing a study on the causes of the imbalance in population structure and setting a 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 expat workers required as per their profession and determining the number of expat 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.

Upon setting the limit for demographics, 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 of Ministers will issue annual decisions, which is to be enforced from the April 1st and will be valid for a period of 1 year.

Decreasing expatriates

The Council of Ministers will decrease expatriates who exceed the needs of the labor market in terms of qualifications, specialization, professions, trades and various jobs in the three sectors namely government, civil and oil, within five years from the date this law comes into effect as per the decisions issued by the Cabinet Ministers after conducting studies and report prepared by the competent authorities such as the National Committee To Organize and Manage Demographics, states Al Qabas.
The Committee is not permissible to authorize a work visa or renew residency for an expat of certain categories stipulated in the draft, except in accordance with the conditions, rules and conditions specified by the executive regulations.

Excluded groups from Demographic

1- GCC country citizens
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 has security agreements, and 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.

Prohibited

1- Transferring domestic workers into private or oil sector.
2- Converting the visit visa to work residence or family visa (Dependent visa).
3- Renewal of the residency of the recruited worker for government projects after the end of the government.

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