Row erupts over reinstatement of many expat judicial officials

Arab Times

03-05-2025

KUWAIT CITY, May 3: Former Director of the Legal Research and Grievances Department at the Ministry of Education and incumbent Human Resources Supervisor Saud Al-Jassar has submitted a formal complaint to Civil Service Commission (CSC) Chairman Dr. Essam Al-Rubaian on the alleged contravention of governmental mandates on the nationalization of legal jobs. This complaint arises from the decision of the ministry to reinstate several expatriate legal researchers one year after their dismissal as per the Kuwaitization policy. Al-Jassar pointed out that the initial terminations were under the directives of the Council of Ministers and the CSC to prioritize citizens, particularly in legal positions.
He said these terminations achieved legal inviolability after the expiration of the specified appeal period. He alleged the CSC violated these mandates by authorizing the reassignment of Kuwaiti legal professionals to general administrative roles, concurrently sanctioning the reinstatement of expatriates into legal positions. He argued 'this action is deemed a reversal of the established replacement policy, undermining the government's intention to Kuwaitize legal positions.'
According to Al-Jassar, this measure not only challenges high-level State directives, but also constitutes a clear breach of CSC Resolution No. 11/2017 and contradicts the statements published by CSC in local media on Feb 3, 2025. He said 'these prior statements affirmed the termination of numerous expatriate contracts and indicated that contracts for expatriates in non-essential government roles would not be extended beyond March 31.' He also affirmed the availability of more than 370 Kuwaiti legal researchers in educational districts and additional qualified Kuwaiti applicants seeking legal sector employment; hence, questioning the rationale behind the expatriate reinstatements.
He also criticized the involuntary transfer of Kuwaiti legal professionals to administrative roles, which is inconsistent with their academic qualifications and experience. He wondered why national expertise is marginalized while expatriate personnel are re-engaged in legal capacities. He said the official correspondence of the CSC typically precludes reinstatement of Kuwaiti personnel following termination and the lapse of the legal appeal period. 'However, the long-expired termination of expatriates is being reversed, raising questions on equality and legal consistency. CSC Circular No. 15/2000 prohibits the revocation of valid termination decisions after the legal appeal period. The CSC chairman must take legal measures to rectify such a violation of legal and national directives,' he asserted.