فصل الموظف العام وإحالته للتقاعد في القانون الكويتي

Abstract

The Civil Service occupies an important aspect in Kuwaiti society. This is due to the particular importance of the public sector personnel in the country, which has organized employment affairs since the 1950s through the issuance of Kuwait􀂶s first civil service system in 1954. The "Personnel and Retirement System" was approved by the Emir of Kuwait on December 13, 1954, and was implemented on January 1, 1955. The Kuwaiti Constitution of 1962 guaranteed the right to employment and entrusted the ordinary legislature with the order to regulate it. The laws of Civil Service were issued and represented by Decree No. 15 of 1979 regarding the Civil Service Act. This study aims to state the provisions for dismissing a public servant and referring him to retirement under Kuwaiti law, with the objective of remedying the deficiency and shortcomings in referring a public servant to retirement before reaching the legal age, which is considered as arbitrary dismissal. To achieve this objective, the researcher studied the legal texts relating to the public servant. The researcher used a descriptive approach to diagnose the problem, as well as an inductive approach. The researcher then used an analytical approach to study the jurisprudential opinions that are supported by the rulings of the Kuwaiti Court of Cassation. The researcher studied the legal relationship between the public servant and the administration, and discussed the dismissal of employment by a disciplinary and non- disciplinary way. The criteria for the dismissal and termination of the public servant and its implications were also addressed, as were the legal procedures for dismissing the public servant and subsequent referral to retirement. The researcher discussed judicial dismissal as a consequential and supplementary punishment, highlighting the issues regarding the subject of research. The findings of the study include that the Kuwaiti legislature has allowed the personnel to choose the type of work, linked between the right to take up the Civil Service and achieving the common good. Moreover, weak reports are guaranteed to protect the public servant and avoid negative effects, the most important of which is dismissal from employment. It required the causation of the decision; the grievance has been legislated and the matter has been subject to judicial oversight. The researcher identified some recommendations and proposals with the objective of addressing the problems of research, including amending the Kuwaiti Civil Service Act No. 15/1979 and explicitly stipulating that a public servant may be held disciplinary accountable after the end of his service if it is discovered that he committed violations during his service, so as not to go unpunished. A further recommendation would be to work to establish an explicit criteria for the retirement age, especially the retirement of doctors and faculty members in universities, in order to benefit from their service.