Stripped of Citizenship... Contracts Based on Final Salary
The Civil Service Bureau has defined the mechanism for contracting with individuals stripped of their citizenship from four categories, based on expertise engagement contracts.
Translated by Qiyas from الراي — Original source
- Contracts with Kuwaiti women’s sons and those who acquired citizenship by derivation will commence the day after citizenship revocation.
- Contracts for other categories will be renewed the day after the expiration of their existing contracts.
- The monthly allowance will be determined based on the total last comprehensive salary received prior to contract signing.
- Allowances, bonuses, and increments not linked to the basic salary will be excluded.
- Either party has the right to terminate the contract after giving the other party at least one month’s notice.
- The contractor shall not be entitled to end-of-service benefits or any other benefits upon contract expiration.
The Civil Service Bureau has determined the contracting mechanism with individuals whose citizenship was revoked from four categories, under “Expert Consultation” contracts. The monthly allowance will be equal to the last comprehensive salary received before contracting, excluding allowances, bonuses, and increments not linked to the basic salary.
The Civil Service Bureau’s circular relied on Cabinet Decision No. (1188), adopted at the meeting held on September 16 last year, concerning those whose citizenship was revoked based on Article 13, Paragraph 4 (Supreme State Interest), namely (Article 8 – Meritorious Acts – 1965 Census – Kuwaiti Women’s Sons) and those who acquired citizenship through derivation with them.
The Civil Service Bureau clarified that the decision stipulates contracting with the aforementioned individuals whose citizenship was revoked, as per the Cabinet Decision, under an “Expert Consultation” contract (attached to the circular), in accordance with approved conditions and controls.
It added that contracting for Kuwaiti women’s sons and those who acquired citizenship by derivation will begin the day after the date of citizenship revocation, while contracting for other categories of revoked citizens mentioned in the Cabinet Decision will be renewed the day after the expiration of the contract previously signed with each of them.
The Bureau emphasized that the monthly allowance due to contractors under the attached contract will be determined such that the total last comprehensive salary received by the employee before signing the contract serves as the basis for calculating the allowance, excluding from this total any allowances, bonuses, and increments not linked to the basic salary.
It stressed the necessity of adhering to all legally prescribed rules, regulations, and systems, and complying with the controls specified regarding contracting and monthly allowances, ensuring the implementation of the Cabinet Decision according to approved procedures.
Contract Clause 3 stipulates that either party may terminate the contract without cause during its validity, after giving the other party at least one month’s notice. Clause 4 stipulates the contractor’s entitlement to prescribed types of leave, with payment in lieu of accrued annual leave upon termination of service.
Clause 5 stipulates that the contractor shall not be entitled to end-of-service benefits or any other benefits upon contract expiration for any reason.
The government entity also has the right to terminate the contract without requiring notice to the second party if the contractor breaches obligations stipulated in the contract.
