MoE not competent to terminate teachers stranded overseas.

The Civil Service Commission (CSC) has informed the Ministry of Education that it is not competent to take measures to terminate the services of 372 non-Kuwaiti teachers who are stuck abroad and whose residency has expired, reports Al-Qabas daily. It insisted that it does not bear responsibility for the consequences of the decisions taken by the ministry in this regard.

In a letter sent to the Ministry of Education, the CSC stressed that the terms of the second contract concluded with non-Kuwaiti teachers specified the procedures for terminating the contract, taking into account the legally prescribed warning period. It highlighted that the jurisdiction in this matter is convened by the Ministry of Education based on its discretionary observance of the terms of the concluded contract.

Last December 31, the Ministry of Education had addressed CSC with the request for its opinion on the plan to not renew the residency of 372 teachers who are stuck abroad and whose residency has expired, and to end their services. This request was sent to CSC in a letter by the Assistant Undersecretary for Public Education Osama Al-Sultan, justifying it with the presence of job applications from Kuwaitis and children of Kuwaiti women, in light of the validity of their contracts, taking into account the fourth clause of the concluded contracts (the second contract) and ensuring the ministry does not claim any consequences from the termination of their services.

Issue
In this context, informed sources explained that Ministry of Education’s confusion in handling the issue related to the termination of the services of those stranded abroad due to its concerns about the illegality of the decision. The teachers had resorted to the judiciary and received ruling in their interest, especially since the termination of their services came under exceptional circumstances in light of the COVID-19 pandemic, which prevented their return to the country and consequently, their residencies expired.

The sources stressed that the ministry has the right to terminate the services of any non-Kuwaiti teacher, provided that he is notified before the date of implementation of the decision with a three-month notice period, in accordance with the requirements of the second contract concluded between the two parties. They affirmed that it is not permissible in the current exceptional circumstances to terminate any employee who is outside the country and without a notice period.

Procedure
The sources said the ministry is studying the possibility of allowing entry for these non-Kuwaiti teachers whose residency has expired, and then terminate their services in accordance with the legal frameworks that guarantee the safety of the procedure. They indicated that this is the safest and humane procedure so that they can receive their dues and dispose of their personal belongings such as cars or houses or deal with loan payments and other responsibilities.

Source- Arab Times.

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