Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Kuwait (Ratification: 1963)

The Committee notes the information supplied by the Government in its report and the general discussion concerning Kuwait that took place in the Conference Committee in 1991.

1. It recalls that Act No. 38 of 1964 concerning Labour in the Private Sector, which gives effect, among others, to Article 11 of the Convention, excludes certain categories of workers from its scope (section 2 of the Act), and that the Committee expressed the hope in its direct request of 1987 for adoption of the draft to revise the Act. The Committee notes the indication given by the Government representative in the Conference Committee that the events that took place made it impossible to progress in the field of labour legislation which the Government had been preparing. It requests the Government to supply information on any measures taken or envisaged so as to extend the protection of wages contemplated in this Article of the Convention to the workers excluded from the scope of the above Act, including copies of legislation applicable to specified categories of workers such as those in the civil service or in the public sector. It would also appreciate a copy of Act No. 28 of 1969 concerning Labour in the Oil Industry to which the Government refers in the report.

2. The Committee notes the Government's indication in connection with Article 10 that the minimum wages are fixed by the competent authority after agreement with the governments of different States. It requests the Government to indicate whether such minimum rates of wages are fixed in consultation with representatives of the employers and workers (Article 10, paragraph 2), and what measures have been taken to ensure the enforcement of such minimum rates (paragraphs 3 and 4).

3. Article 12. The Committee notes the Government's reference to sections 28, 31 and 32 of Act No. 38 of 1964, defining the "wages" and regulating the deduction from and assignment of wages for the repayment of debts, respectively. Noting that the maximum amounts of advances on wages are not fixed under this Act, the Committee requests the Government to supply information on any measures taken or contemplated to give effect to this provision of the Convention.

4. Part III. Provisions concerning Migrant Workers (Articles 6, 7 and 8). The Committee requests the Government to supply information on any measures taken or contemplated:

(a) to ensure such conditions of employment for migrant workers as shall take account of their normal family needs;

(b) to encourage the transfer of part of the wages and savings of workers from the area of labour utilisation to the area of labour supply.

In addition, the Committee requests the Government to indicate whether it has been found necessary to enter into agreements with any countries concerned for the purpose of regulating matters of common concern (protection and advantages for migrant workers not less than those enjoyed by workers resident in the area of labour utilisation; facilities for enabling migrant workers to transfer part of their wages and savings to their own countries).