The New Residency Law Provides More Protection for Expat Workers
Kuwaiti Council of Ministers approved a critical decree-law aimed at curbing human trafficking and enforcing stricter regulations on the residency of foreigners. The law focuses on eliminating the trade in residency, addressing employer abuses, and imposing severe penalties for violations related to foreign residency and labor rights.
The new law introduces several measures designed to combat the trade of residency in Kuwait. It specifically outlaws the facilitation of foreign recruitment for financial benefits, such as offering or accepting payments in exchange for residency permits, entry visas, or renewals.
Employers are now prohibited from forcing foreign workers to engage in tasks beyond the scope of their work permits. Additionally, withholding wages from employees is illegal, providing greater protection to workers in Kuwait.
Under the new decree, it is illegal for anyone other than the sponsor to shelter or employ expatriates, whether their residency is valid or expired. Furthermore, building owners must refrain from renting properties to illegal residents, reinforcing the law’s stance on unauthorized foreigners.
Sponsors are now required to notify the Ministry of Interior if a foreign worker’s visa or residency expires and they do not leave the country. This measure aims to improve tracking and prevent the accumulation of illegal residents.
In an effort to adjust the country’s demographic balance, the law introduces a quota system for hiring foreign employees. Employers will not be allowed to exceed the quota for each nationality, ensuring a more controlled influx of expatriates into the workforce.
The new law includes provisions for severe penalties against individuals who violate its terms. It outlines clear procedures for the deportation and expulsion of expatriates who breach residency laws, ensuring compliance and promoting accountability.
The National Standing Committee to Combat Trafficking in Persons and Smuggling of Migrants previously presented 12 key recommendations to the cabinet. These recommendations, aimed at combating human trafficking and migrant smuggling, called for reforms such as allowing workers to change employers without approval and facilitating their departure from the country.
The committee has also emphasized reforms that would allow workers to change employers freely and leave Kuwait without requiring employer approval, thus improving worker autonomy and protecting against abuse.
In response to trafficking concerns, the government has called for increased inspections of both legitimate and fraudulent recruitment agencies. The new law also aims to ensure that domestic workers have better access to authorities, helping them report cases of trafficking more efficiently.
Stricter penalties for passport confiscation, the abolition of recruitment fees for workers, and enhanced oversight of the domestic worker sector are all part of the broader strategy to address trafficking in persons.