Referral to retirement and its dangerous effects on state employees
- Article (76) of the year 1979 of the civil service system is considered a hanging sword and has serious consequences
Referral to retirement is currently dismissed, administrative dismissal, or arbitrary dismissal
- The necessity to abolish Article (76) of 1979 from the civil service system similar to Article (32) of Decree-Law No. (15) of 1979 Item No. (5)
All those on whom the state issues retirement referral decisions are young and still have the ability to give
It is very dangerous for the state to empty the work wheel of those with professional expertise
We demand that the government provide an end-of-service gratuity with a large sum of money to those who are decided to retire
In this article, we will deal with a topic of interest to employees of state ministries who have spent thirty years or more in service, as state ministries prepare lists of their names in order to refer them to retirement, and we will address the legal authority that allows ministers to issue decisions to terminate the services of these employees without giving reasons, as well as We will address the danger of using this legal basis to settle accounts with some who disagree with them, especially those in supervisory and leadership positions.
It is known that Article (76) of the Civil Service Law issued in 1979 gives the minister the right to refer employees to retirement on the condition that he is entitled to a retirement pension if his service ends by resigning at the time of this case, and that article is considered a sword of arms, as it will have serious consequences, especially If we know that Article (77) of this decree states that (employees who are referred to retirement may not be reappointed in accordance with the provisions of the previous article in private government agencies for this system), that is, the retired employee will never be able to return to work in the government sector.
It should be noted that the referral to retirement in such a case is nothing more than isolation without the disciplinary method or the so-called administrative dismissal or dismissal for lack of confidence, and it is considered an arbitrary dismissal in every sense of the word, as it takes place without a disciplinary trial, and even without the employee being He committed a mistake that deserves punishment, and the danger of this type of termination of service lies in the fact that the employee is surprised by it without convincing guilt or without sufficient reasons or justifications, which opens the way for the exploitation of influence and the practice of unfair dismissal without fulfilling the necessary procedures and conditions in this regard.
We would like to refer to Article (32) of Decree-Law No. (15) of 1979, Clause No. (5), which provides for dismissal by a decision of the Council of Ministers as one of the reasons for termination of service, as this Article No. (5) was canceled after the legislator found it necessary Abolishing it as a sword hanging over state employees, and because of its danger to their future and the desire to achieve stability and psychological calm for the public employee, so that this is not reflected in the level of general performance in the various sectors of the state, and since Article (76) and (77) do not differ much from the text of Article ( 32) Paragraph (5) because they lead to the same result, and they are - as mentioned - a sword hanging over state employees. Therefore, all conferences and general assemblies of the Kuwaiti trade union movement have demanded that it be canceled similar to the text of Article 32 Paragraph 5 except that - unfortunately - There was no response from the state.
The strange thing in the decisions issued by the state regarding those who have spent thirty years in service is that all of them are young, and they still have the ability to give and perform their work efficiently and competently, in addition to that it is dangerous for the state to empty the work wheel of those with professional expertise and bring in employees Inexperienced and inefficient people merely because they want to renew the blood. Rather, a strategy must be devised through which to benefit from experiences that cannot be compensated with the escalation of young competencies for a specific period during which knowledge and professional expertise can be acquired from those old experiences and competencies until they are able to Managing work centers efficiently and competently, meaning that random decisions to terminate the services of those over thirty years must be avoided simply because those years have passed.
We also welcome the development of any type of incentives for those who have spent that long period of service, such as referring them to retirement, in order to encourage them to leave their places for a new generation of young people. We demand that if there is a real desire to take such decisions, the government should provide an end-of-service reward with a financial amount. For every employee, similar to what is in place in the oil companies and the Ministries of Interior and Defense, and what has been introduced in one of the ministries for a limited period of time, in order to help them start a new life with safe consequences, through the establishment of projects that benefit them and our beloved country, even if we know that The legislator in the privatization law for workers who work in the state ministries that are allocated to them has set many job benefits for them: including retirement years for those who do not wish to move to the private sector, so why are employees who have spent more than thirty years deprived of benefiting from such benefits that are beneficial to them? When they go out to retire ?! Especially since they have spent their youth in the field of civil service and served the nation for many years in order to be able to be rewarded for it by providing them with such benefits.
We would also like to warn that there are many of these employees who are burdened with debts and family burdens that will increase when he leaves and is referred to retirement, so this had to be taken into account when deciding to terminate their services and find the best solutions in this regard.
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