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

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

With reference to its observation, the Committee would be grateful if the Government would provide further information on the following points.

Article 11. The Committee recalls that Act No. 38 of 1964 concerning labour in the private sector, which gives effect, among others, to this Article excludes certain categories of workers, such as temporary workers and workers in small undertakings, from its scope (section 2 of the Act), and that the Committee requested the Government to take measures 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. It notes Act No. 28 of 1969 concerning labour in the petroleum industry to which the Government refers in the report, which contains only one provision (section 169) concerning the lodging that relates to the application of this Article. The Committee further noted the Government's indication that a new draft Private Sector Labour Code was under the constitutional procedures, and hopes that the Government will supply its copy as well as information on any other measures taken for the protection of wages of workers excluded from the scope of the 1964 Act.

Article 12. The Committee notes the Government's repeated reference to sections 28, 31 and 32 of the Labour Code (Act No. 38 of 1964), defining the "wages" and regulating the deduction from, and assignment of, wages for the repayment of debts, respectively. It again requests the Government to indicate any measures taken or envisaged to give effect to this provision of the Convention, which requires the regulation of the maximum amounts of advances on wages by the competent authority, and any advance made in excess of such limit to be legally irrecoverable.