Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Labour Inspection Convention, 1947 (No. 81) - Kuwait (Ratification: 1964)

The Committee notes the Government’s report and the replies to its previous comments. Noting that the documents mentioned as being attached to the report have not reached the Office, namely the annual inspection report for 2000, the publication containing statistics on migrant workers in the private sector for 2001, the table of the staff of the labour inspectorate and the copies of the legislative texts requested in previous comments, the Committee would be grateful if the Government would ensure that they are transmitted.

The Committee notes with interest the provisions of Order No. 137 of 2001 designating the persons responsible for the supervision of the legal provisions relating to labour, which give effect to Article 9 of the Convention on the collaboration of technical experts with the staff of the labour inspectorate, and to Article 12 on the right of inspectors to enter freely the workplaces in the private sector under their jurisdiction and the powers of investigation conferred upon them during inspections. The Committee also requests the Government to provide information on the qualifications required for candidates for positions as labour inspectors and to provide the texts relating to the agreement which, according to the Government, was concluded between the Ministry of Labour and Social Affairs and the General Institute for Applied Education for the organization of training sessions for labour inspectors, as well as information on the content of this training (Article 7).

The Committee notes that, in accordance with section 6 of the above Order, inspectors and medical supervisors of the Ministry of Health are responsible for enforcing the provisions relating to occupational health. It also notes that the reports of violations are established on forms prepared by the Ministry of Labour and Social Affairs and transmitted to the Ministry of the Interior. With reference to Article 4 of the Convention, which provides that the inspection system shall be placed under the supervision and control of a central authority, the Committee requests the Government to describe the structure of the labour inspection system, to indicate the conditions and the manner in which physicians from the Ministry of Health collaborate in inspection activities and to describe the arrangements for initiating legal proceedings for violations of the labour legislation enforceable by the labour inspectorate.

Noting the general information on the working conditions of labour inspectors, the Committee would be grateful if the Government would supplement this information with further details on the transport facilities made available to labour inspectors and any text respecting the reimbursement to inspectors of their professional travel expenses (Article 11, paragraphs 1(b) and 2).

Noting that Order No. 137 of 2001 does not contain provisions authorizing labour inspectors, in accordance with Article 13, paragraph 2(b), to make or to have made orders with immediate executory force in the event of imminent danger to the health or safety of the workers, the Committee requests the Government to indicate whether, and in what manner, effect is given to this provision and to provide copies, where appropriate, of any relevant texts or, if none exist, to rapidly adopt measures to this end and keep the Office informed.

Noting that the amount of the penalties applicable to those violating the labour legislation is determined by section 97 of the Labour Code applicable to the private sector, adopted in 1964, and drawing the Government’s attention to the advantages of determining penalties by means of regulations, which are more rapid to adopt and therefore to adapt to monetary fluctuations than legislation, the Committee would be grateful if the Government would indicate the manner in which it is ensured that sanctions are adequate, in accordance with Article 18, in the sense of being dissuasive, and, if this is not done, to adopt measures to this end and keep the Office informed.