National military service is a constitutional and civic obligation resting on a defined category of citizens. It is also a period that affects a young person's education and career and bears on their relationship with their employer and their job security. The Kuwaiti legislature reorganised the subject through Law No. 20 of 2015 on national military service, defining who is covered, the periods of service, the grounds for deferral and exemption, and the safeguards afforded to conscripts. This article reviews its principal provisions from a practical standpoint of interest to young people, their families, and employers alike.
Who Is Covered and the Nature of the Obligation
The system rests on a precise definition of those it addresses and when the obligation arises:
- Status: the law addresses male Kuwaiti citizens meeting the prescribed conditions. The obligation attaches to nationality rather than place of residence.
- Age: the obligation begins on reaching the statutory age and remains enforceable until the upper age limit. It is not extinguished merely by having been deferred.
- Period of service: the law fixes the period and distinguishes between active service and reserve service, to which those who have completed service may be recalled when required.
- Medical fitness: those liable undergo medical examination, the outcome of which may result in exemption or in assignment to a form of service suited to their condition.
- Call-up: effected by official announcement and notification. Failure to attend after notification is an offence punishable by law.
Grounds for Deferral
The legislature recognised circumstances warranting postponement without extinguishing the obligation, principally:
- Continuing education: a student in regular attendance is deferred until completion of the stage of study or until a specified age, subject to periodic proof of enrolment.
- Family circumstances: where the person liable is the sole provider for the family or responsible for care requiring their presence.
- Temporary medical grounds: where health temporarily prevents enlistment, service is deferred until the impediment ends, with re-examination.
- Exceptional work circumstances: within a narrow scope and subject to controls set by the competent authority.
In every case a deferral application must be submitted with its supporting documents within the prescribed period. Deferral is not automatic, and relying on the existence of a ground without submitting an application is the most common error, exposing the person to liability.
Grounds for Exemption
Exemption differs from deferral in that it ends the obligation rather than postponing it, and the grounds are exhaustively defined rather than open-ended:
- Medical unfitness: where the competent medical body determines permanent unfitness for service.
- Exceptional family considerations: such as a family having lost a son in service, or particular humanitarian circumstances defined by the governing provisions.
- Equivalent service: for those who have performed recognised military service as provided by law.
- Other cases: as determined by implementing decisions in the public interest.
A decision granting or refusing exemption is an administrative decision subject to review by the administrative courts. A grievance may be filed and a challenge brought within the prescribed periods where the decision is defective.
Conscripts' Rights and Job Protection
The law is concerned that performing a national duty should not cost a person their employment rights, and provides important safeguards:
- Preservation of employment: the employee's position is preserved throughout the period of service, and employment may not be terminated by reason of enlistment.
- Counting the period: national service counts as actual service for the purposes of increments, promotion, pension, and end-of-service gratuity.
- Financial entitlements: conscripts receive a monthly allowance according to the prescribed categories, together with medical care and subsistence during service.
- Return to work: the conscript returns to the same position or its equivalent after completing service, without reduction in grade.
- Injury and insurance: service injuries are addressed under the applicable rules, and the injured person or their heirs may be entitled to compensation according to the degree of injury.
Employers' Obligations
Employers bear defined obligations towards employees liable for service, and disregarding them attracts liability:
- An employee may not be dismissed or their contract terminated by reason of enlistment. Dismissal on that ground is unlawful and gives rise to compensation.
- The position must be preserved and the employee reinstated immediately on completing service and producing proof.
- Seniority-linked rights may not be prejudiced, nor increments accruing over the period withheld.
- The employee's administrative status during the period must be regularised in accordance with the applicable rules and documented in their personnel file.
- Financial entitlements for the period preceding enlistment must be settled correctly and documented.
Penalties for Non-Compliance
The law imposes penalties for breach of the obligation, graduated by the seriousness of the conduct:
- Failure to report: not responding to a call-up after valid notification is a punishable offence.
- False information: giving information contrary to the truth in order to obtain deferral or exemption, which may constitute a separate offence.
- Unlawful evasion: such as feigning a medical condition or using forged documents, for which penalties are more severe.
- Administrative consequences: failure to regularise one's position may prevent the completion of certain official transactions until it is resolved.
Practical Guidance
- Follow call-up announcements and their deadlines regularly. Lack of knowledge is no excuse once an official announcement has been made.
- Submit deferral applications early with complete documentation. Do not rely on the existence of a ground alone.
- Retain a copy of every application and decision, together with proof of the date of submission.
- Employees should notify their employer in writing and obtain confirmation that the position is preserved before enlisting.
- Employers should document the conscripted employee's status in their file and avoid any step capable of being construed as termination by reason of service.
- Where a deferral or exemption application is refused and you believe the decision is wrong, file a grievance within the period before the opportunity to challenge is lost.
Regularising one's national service position in good time avoids considerable administrative and legal complication later. Yamnak Law Firm advises on deferral and exemption applications and challenges to related decisions, and represents employees and employers in disputes concerning job preservation and the counting of service.
