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

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

The Committee notes the Government’s reply to its previous observation.

Articles 1 and 2 of the Convention. The Committee takes note of the amendment of section 2 of the Labour Code (Law No. 38 of 1964 on work in the private sector). Under this provision of the Labour Code, domestic workers and other workers covered by other specific laws are excluded from its scope. It further notes the Government’s statement that temporary workers employed for a period of not more than six months and workers at enterprises employing less than five people figure under the categories of workers exempted from the application of the Convention. The Committee requests the Government to indicate in its next report all the categories of workers thus excluded and how conformity with the provisions of the Convention is ensured with respect to these workers. Please also supply copies of the relevant legal texts.

Article 6, paragraphs 1(b) and 2

  Private sector

With reference to its previous comments, the Committee notes with interest from the Government’s indication the amendment of section 1, paragraph 3, of the Order No. 105/94, which allows that employers may ask their employees to work overtime hours within the limits prescribed by law, i.e. by Order No. 104/94, in accordance with the provisions of this Article.

  Public sector

The Government’s report contains no information on whether progress has been achieved by amending sections 3 and 4 of Ministerial Order No. 34/77. This order does not define in a sufficiently precise manner the conditions and limits within which exceptions to normal working hours may be authorized. Recalling the text of Article 2, which stipulates that the provisions of the Convention are applicable both to public and private industrial undertakings, the Committee again asks the Government to take the necessary steps to determine the conditions in which recourse to overtime is permitted, and to fix a reasonable annual limit to the number of additional hours of work in public industrial undertakings similar to Order No. 104/94.

The Committee also asks the Government to keep it informed of any developments with regard to the adoption of the draft Labour Code for the private sector. It trusts that the new Code will be adopted in the near future and ensure the protection afforded by this Convention (see also comments related to Convention No. 106).