صور مخالفة شروط استحقاق الدعم المالي للعمالة الوطنية : دراسة فقهية في ضوء القانون رقم 19 لسنة 2000 الخاص بدعم العمالة الوطنية في دولة الكويت

Abstract EN

In the name of Allah, praise be to Allah, peace and blessings be upon the Messenger of Allah, to proceed: The Government of the State of Kuwait - like all other contemporary governments- recognizes the significance of being present and involved in finding reliable solutions to support economic and comfort for the citizens and residents on its territory.

However, many policies were adopted to provide the financial backing and the needed services for citizens.

The law (19) of the year 2000 was issued to provide a financial support to the national labour and encouraged them to work in nongovernmental organizations.

The law’s fundamental rules and main provisions encouraged non-governmental organizations to employ the national human resources, distribute them to different sectors of labour, and close the differences between the labour force salaries and its features of non-governmental organizations.

On the possibility of failure to achieve the objectives of this support, the legal legislations have created the necessary legislative environment by setting conditions for the citizen's entitlement to this financial support.

In addition to a penalty of imprisonment for a period not exceeding one year and a fine not exceeding one thousand dinars or one of these penalties, for each who violates the financial entitlement conditions.

Modern scholars of jurisprudence agreed on the prohibition of violating the conditions of entitlement, either by false documents or by the pseudo-appointment, or by taking a percentage from the financial support in exchange for employment these labour.

It is probably to say that the employer is excluded from the worker's presence at the workplace, as a result of violating the laws and regulations in this regard.

Also The Islamic jurisprudence and the Kuwaiti legislation had agreed that whoever violates the conditions of entitlement are entitled to a discretionary punishment as determined by the Kuwaiti legislation, which is an imprisonment for a period not exceeding one year and a fine not exceeding one thousand dinars or one of these two penalties.

Moreover, the violator must refund the money obtained from the illegal financial support, which was taken unlawfully by the competent authorities appointed by the State.

Our last prayer is all praise is due to Allah, the Lord of all that exists