Do­mes­tic help of­fices chal­lenge law in court

Kuwait Times - - LOCAL - By A Saleh

KUWAIT: A lawyer has claimed that some items of law 68/2015 re­gard­ing do­mes­tic helpers are un­con­sti­tu­tional, adding that there are many de­fects in the law, and filed a case at the con­sti­tu­tional court. Faisal Al-Enezi was speak­ing dur­ing the ‘do­mes­tic help’ con­fer­ence in the pres­ence of a large num­ber of do­mes­tic help of­fice own­ers. He said there are sev­eral items in the law that will harm of­fice own­ers and take away their rights.

Enezi went over the items he be­lieves are un­con­sti­tu­tional, say­ing that ar­ti­cle 3, item 2, which speaks about the con­di­tion of is­suance and re­new­ing li­censes of bring­ing do­mes­tic help from abroad, says own­ers should have a gen­eral sec­ondary cer­tifi­cate, be fit and should not have a hand­i­cap that keeps them from work­ing. He said this ar­ti­cle is un­just, es­pe­cially that there are of­fices with fi­nan­cial de­posits, trans­la­tors and many com­pa­nies have own­ers with­out de­grees.


Enezi said al­though the law has been is­sued, no new li­cense was is­sued for those who meet the con­di­tions, adding that there is a mystery in this is­sue and do­mes­tic help of­fice own­ers are tar­geted to mo­nop­o­lize this pro­fes­sion by one com­pany. He said if this un­con­sti­tu­tional law is im­ple­mented with its un­fair ar­ti­cles, li­censes of many of­fices will be re­voked, and the cost of bring­ing in a maid will reach KD 2,500, adding that the ex­plana­tory memo of the law did not clar­ify the rea­son be­hind re­quir­ing to have a gen­eral sec­ondary cer­tifi­cate.

Enezi said many MPs, since the As­sem­bly was es­tab­lished, do not have a gen­eral sec­ondary cer­tifi­cate, and the can­di­dacy con­di­tions do not in­clude a school cer­tifi­cate, only that the can­di­date should be able to read and write, and they have the trust of leg­is­lat­ing laws.

Mean­while, for­mer di­rec­tor of the do­mes­tic help of­fices union Hashim Ma­jid said law 68/2015 has sev­eral un­fair items against do­mes­tic help of­fice own­ers and cit­i­zens, while it caters to do­mes­tic helpers only to ap­pease hu­man rights or­ga­ni­za­tions, and is not com­plete and fair to all. He said the new con­di­tion in the new law - the sec­ondary school cer­tifi­cate - is un­con­sti­tu­tional, as the leg­is­la­tors made it retroac­tive to is­sue new li­censes or re­new old ones, and this also is a vi­o­la­tion of the rights of li­cense own­ers be­cause it threat­ens to re­voke many li­censes.

Ma­jid spoke about an­other item, which is the in­crease of the pro­ba­tion pe­riod of do­mes­tic helpers to six months in­stead of the pre­vi­ous 100 days, which makes of­fice own­ers in­cur losses. He said the guar­an­tee in­cludes be­ing un­healthy, preg­nancy, se­cu­rity re­stric­tions and ab­scond­ing, and the prob­lem is in es­cap­ing, as work­ers es­cape to the em­bassies of their coun­tries, and in this case the of­fice should not pay any­thing to their spon­sors or their tick­ets back home.

Wafra farms

The gov­ern­ment ap­proved that the process of com­pen­sat­ing Wafra farm own­ers whose prop­er­ties will be re­moved to make way for the GCC rail­way project, and who will be paid cash com­pen­sa­tions for li­censed build­ings and plants. Farm own­ers will not be given alternate lands, as the farm­lands are con­sid­ered state property.

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