The Civil Service Commission of Kuwait has reinstated the decision to not pay expats working in the public sector with their end of service indemnity pay unless a proof of departure upon leaving the country is duly submitted. This is in line with government’s goal to promote Kuwaitization especially in the public sector.
The commission cascaded the instruction to all ministries and other state departments to provide a list of the names of expats under their department whose contracts have been terminated and who are supposed to receive their indemnity payments. The concerned expats are also required to cancel their residences (as mentioned in Article 17) and to provide a notice of departure accordingly.
Departure Notice to be required from Expats to Avail Indemnity Pay
The commission will not allow expats whose services under the government were terminated to transfer their residences to the private sector. The commission will forward a memorandum to all concerned authorities to stop the transfer from Article 17 to other articles that would allow them to pursue work in the country.
However, this development does not eliminate the possibility for expats to leave the country instead, and then return for work under other articles (i.e. Article 18) especially in the private sector.
The said measure is part of the integrated plan to enforce the replacement policy and to reduce the number of expats holding positions in the public sector.
And while the option for terminated expats to transfer to the private sector cannot be accommodated, providing the necessary documentation: notice of departure and cancellation of residence from the public sector will allow expats to make a claim for the indemnities that are due to them as follows:
- Less than 5 years of employment = 15 days’ pay of your salary.
- Between 5 to 10 years of employment = 30 days’ pay of your salary.
The full amount should not exceed an amount that is more than 1.5 years of your salary.
This transaction will be carried out prior an expats’ departure from the Gulf State.