Provisions and rules for transfer, delegation and secondment in the Kuwaiti Labor Law
Transfer, delegation and secondment in government agencies
The decree issued on 4/4/1979 regarding the civil service system regulated the provisions and rules for transfer, delegation and secondment for government agencies in Articles 31, 32, 33 and 34, in accordance with the rules and provisions described by the Civil Service Board in accordance with the terms of reference specified in Article 4 »From Decree Law No. 15 of 1979 regarding the civil service system and its amendments.
With regard to transfer procedures, Article 3 of the Civil Service Law states the following: It is permissible to transfer an employee within the government entity to a job of the same degree of his position and in the same job group and from a government agency to another government entity, provided that the transfer is to a vacant job of the same degree of his position and in the same The functional group.
The transfer shall be by a decision of the authority concerned with appointment in the government entity to which he is transferred after approval of the same authority in the government entity from which he is transferred.
A decision is issued by the Civil Service Council based on the proposal of the Civil Service Bureau with the rules, provisions and conditions of transfer between government agencies in which the job and grades system is consistent or different, and that according to the provisions of this article, it becomes clear to us the following:
The transfer may be internal to the same government agency, provided the following is adhered to:
That the transfer is to a job of the same rank as the employee and in the same group, meaning that the job is in conformity with a qualified technical or administrative nature according to the type of job transferred to it and that it is to one of the jobs to which the employee belongs as it is one of the general or technical assistance and assistance jobs.
The transfer may also be from one government agency to another government agency, provided that this transfer is done according to the following conditions.
That the transfer be made to a vacant job and that it is from the same job that he occupies and also from the same group his own job, is it from the public jobs group or the auxiliary or auxiliary category.
The transfer decision shall be issued by the authority competent with appointment in the entity to which he is transferred.
Approval of the authority concerned with appointment in the entity from which he is transferred.
That the transfer takes place according to the conditions specified by the Civil Service Council’s decision regarding transfer between government agencies. We will present these conditions later.
Note that the transfer here is permissible, whether for the destination to which he is transferred or from whom the transfer is made, so the transfer is not obligatory, so in this case the consent of the two sides participates, and in the event that neither of them agrees, the transfer is not made in this case.
As for the procedures for delegation, Article 32 of the Civil Service Law has regulated it, as it stipulates the following:
It is permissible, by a decision from the authority concerned with appointment, to delegate the employee all or part of the time temporarily with the burdens of another job of the same degree of his position or a position directly above it in the government agency in which he works or in another government agency, and the delegation may be in addition to his original work.
The delegation period exceeds one year, renewable up to four years, and the delegation shall be based on a decision from the authority concerned with appointment in the agency to which the employee is delegated after approval of the same authority in the government entity to which the employee belongs. The job and grading system is consistent or different.
Through reviewing the mentioned article, we can summarize the following:
The delegation is permissible to transfer from the two governmental bodies, and therefore it is required to obtain the approval of all the authority concerned with appointing both sides.
The assignment may be partial to perform some tasks in addition to his original work, and the assignment may be entirely to the job he is assigned to.
The delegation may be internally in the same government agency for some time to temporarily perform some tasks.
The assignment is required to be to another position of the same rank as his position or to another position directly above it, meaning that the position he is delegated to is equal to the one he performs, such as «observer and delegated to the position of observer and so on. For a position under management, which is directly above the position of an observer, and it is also permissible to delegate the head of the department to carry out the duties of the position of a department manager, since it does not directly exceed the position of the head of a department, as there is an observer name between them.
The delegation shall take place according to the conditions established by the Civil Service Council with regard to the rules, provisions and conditions of delegation between government agencies. Show him later.
Perhaps what should be noted here is Article 3 of Civil Service Council Resolution No. 25 of 2006 regarding conditions and occupying supervisory positions in ministries, government departments, public bodies and institutions in which the provisions and law of the civil service system apply. In paragraphs 2, it stipulated the following:
That the assignment of supervisory positions be by delegation for at least one year before casting off.
That the employee has spent at least two full calendar years in the same government agency, authority or public institution before being assigned to any of the supervisory positions.
As for the secondment, Articles 33 and 34 of the provisions relating to secondment have each stipulated the following: Article 33 of the Civil Service Law stipulates the following. An employee may be seconded after his approval to the following authorities:
Public bodies and institutions
Sports bodies and public benefit associations.
- Companies in which the state contributes.
Arab, foreign or international governments and bodies.
The Civil Service Council may, upon the proposal of the Civil Service Bureau, add other bodies to these bodies.
The secondment is only in accordance with the rules and provisions established by the City Service Council.
Perhaps the first thing to be noticed from the text of the aforementioned article is the following:
The text of Article 33 specifies, exclusively, the parties to which the employee may be seconded, not including the government ministries.
Secondment is permissible and not mandatory.
It requires employee approval.
The Civil Service Council may add other bodies to the parties that may be loaned to.
Article 34 also deals with the job of the seconded employee, as it stipulates the following: When the employee is seconded, his job remains vacant, and in case of necessity it may be temporarily occupied by the method of appointment if the secondment is without pay and for a period of not less than one year, provided that he is vacated upon his return.
It is clear from the text of the aforementioned Article 34 that when an employee is seconded from his workplace to the authorities specified in Article 33 the following:
Basically, the seconded employee's job remains vacant.
It is an exception that the seconded employee position may be filled according to the following conditions:
The position must be temporarily filled
That the job is by means of appointment, and the result of that is that it is not permissible to occupy it by deputizing
The loan should be without salary.
The loan period shall not be less than one year.
That the job is vacated upon the return of the seconded employee.
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