Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the information provided in the Government’s report in reply to its previous comments.

Article 8 of the Convention. The Committee wishes to recall that in its previous reports the Government referred to migrant workers employed in Kuwait. Therefore, it again asks the Government to provide, as the case may be, a copy of any agreement entered into with foreign countries for the purpose of regulating matters of migrant workers. The Committee recalls that such agreements should provide protection and advantages for migrant workers not less than those enjoyed by workers residing in the member State which ratified this Convention. The Committee hopes that the Government will take the necessary measures to provide the information herein requested.

Minimum wages

Article 10, paragraphs 2, 3 and 4. The Committee previously requested the Government to indicate whether minimum rates of wage 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 (Article 10, paragraphs 3 and 4).

In its reply, the Government indicates that, although the Kuwaiti legislator did not fix minimum wages, a study is being conducted to examine the possibility of fixing the minimum wages in the draft Labour Code as amended. The Committee requests the Government to keep providing information on any development in respect of minimum wage fixing in the amended Labour Code and to supply a copy of any relevant text adopted in this regard.

Protection of wages

Article 11 of the Convention. In its previous comments, the Committee noted the Government’s indications concerning measures taken to ensure the regular and timely payment of wages to workers. Among these measures, the Government referred to Ministerial Order No. 108 of 29 June 1994 extending the system of a bank guarantee and Ministerial Order No. 110 of 7 January 1995 issued to require the transfer of wages to a Kuwaiti bank on the prescribed date of payment. The Committee requested the Government to provide a copy of these ministerial orders as well as information on their application to migrant workers.

In its reply, the Government refers to a detailed explanation of Ministerial Order No. 110 of 1995 and of the provisions of Part VII of Act No. 38 of 1964 as being attached to its report. However, given that this documentation was not received, the Committee hopes that the Government will send in its next report a copy of this above detailed explanation, together with a copy of Ministerial Order No. 108 of 29 June 1994 and Ministerial Order No. 110 of 7 January 1995, that have been requested since 1995, and information concerning their application in practice with particular reference to migrant workers.

Article 12, paragraph 2. The Committee notes the Government’s repeated indication that section 31 of the Labour Code in the private sector (Act No. 38 of 1964) provides that the maximum amount to be deducted from the worker’s wage to repay his employers for advances on his wage shall not exceed 10 per cent of the worker’s wage and that the employer shall not charge the worker any interest. The Committee wishes to point out that these provisions are insufficient to fulfil the specific requirements of Article 12, paragraph 2, of the Convention which, in addition to the manner of repayment of advances on wages, provides that the maximum amounts of advances on wages, including those which may be made to a worker in consideration of his taking up employment, shall be regulated by the competent authority. The Committee hopes that the Government will take measures to give full effect to these provisions of the Convention.

Article 12, paragraph 3. The Committee notes the Government’s indication that the advances which are recoverable by law are regulated by the Civil Law. The Committee requests the Government to provide a copy of the relevant texts of the Civil Law regulating advances on wages.

[The Government is asked to report in detail in 2002.]