Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Article 2, paragraph 1. 1. Scope of application. A. Seasonal workers. In its previous comments the Committee had noted that that a draft Labour Law, amending Act No. 38 of 1964 on labour in the private sector, was being discussed by the national authorities. The Committee notes the Government’s statement that the draft Labour Law in the private sector does not contain provisions excluding seasonal workers from the scope of application. The Committee requests the Government to provide a copy of the draft Labour Law, as soon as it has been adopted.

B. Domestic workers. Following its previous comments, the Committee notes the Government’s information that, with respect to domestic workers, they are a special category as to their relationship with their employer. According to the Government, in view of the intimate nature of the relationship, it becomes very difficult to apply the Labour Law to this category. The Committee notes the Government’s statement that it will nevertheless endeavour to deploy all its efforts to achieve this goal. With this purpose, the Ministry of Interior published a model contract for the employment of domestic workers and similar categories. This text specifies workers’ rights and regulates the relationship between the domestic worker and his/her employer and the employment agency. The Committee also notes that section 5 of the draft Labour Law provides that domestic workers shall be excluded from the scope of application of this law. Furthermore, according to section 5, with regard to domestic workers, the competent minister shall issue a decision setting the rules that shall govern their relationship with the employers. The Committee reminds the Government that Article 2 of the Convention is applicable to domestic work, and that the minimum age for admission to this activity must not be under 15 years, except for activities considered to be light work. The Committee accordingly requests the Government to indicate which minimum age provisions are applicable to domestic workers. It also asks the Government to provide a copy of the rules to be issued by the Minister pursuant to section 5 of the new draft Labour Law as soon as it has been adopted. The Committee also asks the Government to supply a copy of the model contract for the employment of domestic workers with its next report.

C. Self-employment. The Committee had previously noted that section 1(1) of Law No. 38 of 1964 defines a labourer as every male or female worker and employee, performing any manual or mental work, in consideration of a wage, under the supervision of an employer. It had also noted that, notwithstanding the Government’s statement that child labour does not exist, the Committee on the Rights of the Child expressed its concern (CRC/C/15/Add.88 of 1998, paragraph 25) at the recent increase of children living and/or working on the street. Recalling that Convention No. 138 requires the fixing of a minimum age for all types of work outside an employment relationship, such as self-employment, the Committee had asked the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment. The Committee notes the Government’s statement that the phenomenon of street children does not exist and there is no available information thereon. The Committee requests the Government to supply any information on the situation of street children, in particular with regard to their age, number and types of work they undertake, as soon as this information becomes available.

D. Employment of non-Kuwaiti children. The Committee had previously noted that the Committee on the Rights of the Child in 1998 (CRC/C/Add.88, paragraph 18) expressed its concern at the situation of non-Kuwaiti children in the country, and recommended that the State take suitable measures to protect the rights of stateless Bedouin and migrant children who do not have Kuwaiti citizenship. The Committee had noted the Government’s statement that it would implement the provisions of the Convention in its territory and on any means of transport registered in its territory, with regard to the minimum age for admission to employment or work of any person. It had asked the Government to take concrete measure to ensure that non-Kuwaiti children living in its territory benefit from the protection laid down in the Convention. The Committee notes the Government’s statement that the provisions of the Convention and the Labour Code with respect to child labour apply to all children who are in the country.

2. Minimum age for admission to employment or work. The Committee had previously noted 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 specified by the Government at the time of ratifying the Convention is 15 years. The Committee had requested the Government to take the necessary measures to fix 15 years as the minimum age for admission to employment in conformity with the minimum age specified at the time of ratification. The Committee notes the Government’s information that section 18 of the draft Labour Law in the private sector has specified 15 years as the minimum age for admission to employment or work so as to bring the national legislation in to conformity with the Convention. The Committee trusts that the draft Labour Law will be adopted shortly and requests the Government to inform it of any developments in this regard.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that article 40 of the Kuwaiti Constitution provides for free and compulsory education at the primary stage for all Kuwaitis. The Committee had also noted that, according to the initial report submitted by the Government to the Committee on the Rights of the Child in 1996 (CRC/C/8/Add.35, paragraphs 163-171), Legislative Decree No. 4 of 1987 provides for compulsory education for Kuwaitis aged 6 to 14 years. The Committee had requested the Government to indicate the exact age of completion of compulsory schooling. No information is contained in the Government’s report in this regard.

The Committee observes that, in early 2004, the Kuwaiti Ministry of Education asked the International Bureau of Education (IBE)-UNESCO to provide technical assistance to the education authorities of Kuwait in the framework of a comprehensive project to reform the education system. It notes that this project provides for the change of the education model from a previous 4+4+4 to a new 5+4+3 model. In this way, the compulsory education will be extended from 8 to 9 years.

The Committee is of the view that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum Age, General Survey of the Reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee requests the Government to provide information on any developments of the plan of the Ministry of Education in collaboration with IBE-UNESCO to extend the age of completion of compulsory schooling to 15 years.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that section 1 of Order No. 18 of 1973, lists the industries in which the employment of minors is prohibited. Noting that the list of hazardous work was established in 1973, the Committee had encouraged the Government to review the list of types of hazardous work. The Committee notes the Government’s statement that it reviews, on a constant basis, the list of hazardous work. The Committee further notes the Government’s reference to: (1) Ministerial Order No. 148 of 2004; (2) Ministerial Order No. 149 of 2004, on identifying the industries which prohibit the employment of children therein; and (3) Ministerial Order No. 152 of 2004, all of which are supplied by the Government with its report. In particular, the Committee notes that, according to Ministerial Decree No. 148 of 2004, juveniles of both sexes between 14 and 18 years shall not be employed without an authorization from the Ministry for Social Affairs and Labour. It also notes that Ministerial Order No. 149 of 2004, which abrogates Order No. 18 of 1973, provides for a comprehensive list of types of hazardous work, which are prohibited for juveniles of both sexes. The Committee further notes that, according to Ministerial Decree No. 152 of 2004, children of both sexes aged less than 18 may not be employed in the following activities: (a) economic or industrial activities, if these are harmful to their health, physical or mental safety, except for vocational training purposes and according to the terms and standards for training set out in section 20 of Act No. 38 of 1964; (b) as camel jockeys, or similar activities organized by the Kuwait Racing Club for camel races or any other body. The Committee takes note of this information.

Article 9, paragraph 1. Sanctions. Noting the low fines imposed on employers violating the provisions of Act No. 38 of 1964, the Committee had recalled that, under Article 9, paragraph 1, of the Convention, the competent authority shall provide for appropriate penalties. The Committee notes the Government’s statement that the sanctions applied are those which are specified in the Labour Code, which is valid. The Committee once again invites the Government to provide information on the measures taken or envisaged to revise and increase the penalties provided for under section 97 of Act No. 38 of 1964 in cases of failure to apply the provisions of the Act.

Article 9, paragraph 3. Registers of employment. The Committee had previously asked the Government to provide a copy of a model register used by employers. It notes that no copy of this model was sent to the Office. However, the Committee notes that, according to section 3 of Ministerial Decree No. 148 of 2004, regulating the employment of young persons between 14 and 18 years of age, the employer of these young persons shall keep an up to date record of the names, ages and date of employment, as well as the type of work, of his/her employees.

Part V of the report form. The Committee notes the Government’s statement that it shall provide the remainder of data and information once they are made available. The Committee once again requests the Government to provide information on the practical application of the Convention, including, for example, statistical data on the employment of children and young persons, including non-Kuwaiti citizens, as well as extracts from the reports of inspection services and information of the number and nature of contraventions reported.

The Committee once again requests the Government to keep it informed of progress made in enacting the draft Labour Law. In this regard, it hopes that due consideration will be given to the comments made by the Office in 2004 on the draft Labour Law.