Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Hours of Work (Industry) Convention, 1919 (No. 1) - Kuwait (Ratification: 1961)

1. With reference to its previous observation, the Committee notes with interest the adoption of Ministerial Order No. 104/94 fixing the maximum number of additional hours authorized in the private sector at six per week and 180 per year, in accordance with the provisions of Article 6, paragraph 2, of the Convention. The Committee notes, however, that these new regulations do not apply to public sector workers who are still governed, in respect of exceptions to normal working hours, by sections 3 and 4 of Ministerial Order No. 34/77, which are incompatible with the provisions of the Convention, since they fix the minimum duration of overtime providing entitlement to compensation instead of defining the maximum duration of authorized overtime, and determine the maximum amount of compensation without taking into account the total duration of the work performed. Recalling the text of Article 2 which stipulates that the provisions of the Convention are applicable both to public sector and to private sector establishments, the Committee invites the Government to take appropriate measures to adopt regulations similar to Order No. 104/94 applicable to public sector establishments.

2. Furthermore, the Committee draws the Government's attention to the ambiguous nature of the wording of section 1, paragraph 3, of Order No. 105/94 relating to the prohibition of forced labour in private sector enterprises. The text refers to the Act relating to work in the private sector (No. 38/64), while the latter has been the subject of previous comments by the Committee regarding the fact that it does not refer to the monthly or annual limits for authorized overtime, and the abuses to which this could give rise. Since Order No. 104/94 was enacted as a result of these comments, the Committee hopes that the Government will soon take the necessary measures to remove any ambiguity in this regard, by referring either to Order No. 104/94 supplementing the provisions of Act No. 38/64 referred to above, or to the relevant articles of the new Act on work in the private sector.

3. The Committee notes the draft revised version of Act No. 38/64, as amended by the Committee on Labour Standards and Agreements. It would be grateful if the Government would keep the ILO informed of the follow-up to this draft and expresses the hope that it will be adopted in the near future. In this regard, the Committee requests the Government to specify whether the scope of the new Act will extend to temporary workers and to those in small enterprises, as was stated in the Government's last reply to the Committee's comments.