Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Minimum Age Convention, 1973 (No. 138) - Kuwait (Ratification: 1999)

The Committee notes the information communicated by the Government in its first report.

Article 2, paragraph 1 of the Convention. The Committee notes that under the terms of section 18 of Act No. 38 of 1964, the minimum age for admission to employment or work is 14 years, although the minimum age indicated by the Government in the declaration attached to its ratification statement is 15 years. The Committee requests the Government to take the necessary measures to fix 15 years as the minimum age for admission to employment. The Committee notes that the Committee on the Rights of the Child, in its concluding observations (in CRC/C/15/Add.96, paragraph 17), expresses concern at the situation of non-Kuwaiti children in the country, and recommends that the State take suitable measures to protect the rights of Bedouin and migrant children who do not have Kuwaiti citizenship. The Committee accordingly reminds the Government that the provisions of the Convention must be implemented in its territory and in any means of transport registered in its territory, with regard to the minimum age for admission to employment or work of any person.

The Committee notes that Act No. 38 of 1964, in section 2(d) and (e), excludes from its scope workers employed for temporary work of no more than six months’ duration, as well as domestic workers and other workers in a similar situation. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the minimum age provisions of the Convention are applied to persons excluded from the coverage of the Act. In addition, the Committee notes that a draft Labour Code, to replace current Act No. 38 of 1964 issuing the Labour Code applicable to the non-government sector, is being discussed by the national authorities. In its observation regarding the application by Kuwait of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee had noted the Government’s information according to which the proposed new law would "take account of domestic workers". The Committee also notes that the new Labour Code is intended to apply to private sector, government and oil-sector workers. The Committee requests the Government to indicate in its next report any progress made in this regard and to communicate a copy of the new Labour Code once it has been adopted.

In addition, the Committee notes that according to the Government’s report, the phenomenon of child labour does not exist and that the State is required by the Constitution to protect the rights and welfare of young people. The Committee notes, however, that in its concluding observations, the Committee on the Rights of the Child expresses concern at the recent increase in the number of children living and/or working on the street (CRC/C/15/Add.96, paragraph 25). The Committee requests the Government to provide information on this situation, in particular with regard to the age of the children and the types of work they are doing. The Committee also requests the Government to indicate the measures taken or envisaged with a view to guaranteeing all children the protection provided by the country’s Constitution and the Convention.

Article 3, paragraphs 1 and 2. The Committee notes the provisions of section 19 of Act No. 38 of 1964, which allows work by persons aged between 14 and 18 years only under certain specific conditions, including the condition that they are employed only in enterprises and businesses where conditions are not hazardous or unhealthy. The Committee notes the provisions of Order No. 18 of 1973 relating to safety and health, which specifies the industries in which the employment of minors is prohibited. The Committee notes that the 16th category of work in which children may not be employed relates to work involving the handling or use of any substance listed in the table of occupational diseases established by Ministerial Order No. 17. The Committee notes further the provisions of section 28 of Ministerial Order No. 43 of 1979 concerning conditions that must be adhered to in regions and workplaces in order to protect workers, machinery, enterprises, substances used to counter occupational hazards, and health hazards and occupational diseases; the provision in question covers the types of work and operations that can cause the diseases mentioned in Order No. 17 of 1973 concerning occupational diseases, as well as the enterprises in which it is prohibited to employ adolescents as determined by Ministerial Order No. 18 of 1973. The Committee therefore requests the Government to supply a copy of Order No. 17 respecting occupational diseases. The Committee notes that the list given in Order No. 18 was established in 1973, and draws the Government’s attention to the provisions of Paragraph 10(2) of Recommendation No. 146, according to which the Government should regularly re-examine and revise the list of types of work to which Article 3 of the Convention applies, where necessary, in the light of scientific and technical developments. The Committee lastly requests the Government to supply information on consultations with employers’ and workers’ organizations for the purpose of determining, either by the competent authority or by legislation, the types of employment or work which, by their nature or the conditions in which they are carried out, may compromise the health, safety or morals of adolescents.

Article 6. The Committee notes the provisions of section 20 of Act No. 38 of 1964, under the terms of which the Minister of Labour and Social Affairs may authorize work by young people undergoing apprenticeships on condition that the young persons concerned are at least 14 years of age, that they are certified to be medically fit for the work involved, and that all the procedures and conditions set out in an apprenticeship agreement are adhered to. The Committee requests the Government to provide some further information on the conditions of work of children undergoing apprenticeships and on the consultations that have taken place on this subject with the employers’ and workers’ organizations concerned.

Article 9, paragraph 1. The Committee notes the progressive penalties established under section 97 of Act No. 38 of 1964, which introduces a system of progressive sanctions, starting with a warning to the guilty party to stop the infraction, rising to a fine of 3 dinars for every employee, and, should the violation(s) continue, culminating in a fine of 5 dinars for every worker employed on terms that contravene the provisions. The Committee’s understanding of this, in the light of the information contained in the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), is that the amounts of the fines established when the Act was passed in 1964 have been revised, given that the report refers to fines of 100 and 200 dinars respectively for every worker employed on terms that contravene the provisions. The Committee invites the Government to provide information on the revision of penalties provided under section 97 of Act No. 38 of 1964 in cases of failure to apply the provision of the Act, and copies of the relevant texts.

Article 9, paragraph 3. The Committee notes that under the terms of section 47 of Act No. 38 of 1964, the employer is required to maintain a permanent register of employees. The Committee reminds the Government that the register must, according to this provision of the Convention, indicate the age or date of birth, duly certified wherever possible, of any employee below the age of 18 years. The Committee requests the Government to indicate whether the worker’s age or date of birth, duly certified, is entered in the registers maintained by employers, and requests the Government to provide a copy of a model register used by employers.