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

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

The Committee notes the information provided by the Government’s reports received in November 2002 and March and October 2003 in reply to its previous observation.

1. Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information provided on the development plan of the State of Kuwait "Future outlook and phased trends" which includes development programmes to promote employment, education and training. It hopes that the next report on the application of the Convention will contain practical information dealing with the economic and social development in Kuwait including updated data illustrating that the improvement of standards of living have been regarded as the principal objective in the planning of economic development.

2. Part III. Migrant workers. The Committee takes due note of the Technical Cooperation Agreement signed between the Governments of Kuwait and Bangladesh in October 2000, aimed at exchanging information and developing the cooperation between both countries on matters related to manpower. The Committee asks the Government to provide information on the operation of any other agreement which might have been concluded for the protection of migrant workers and 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 (Article 8). The Committee draws the Government’s attention to the fact that it is difficult to avoid abusive practices in these settings which are more likely to escape controls and emphasizes the urgent need to grant effective protection to migrant workers. To this end, the non-binding multilateral framework for migrant workers in a global economy was designed in agreement with the tripartite constituents to assist member States in improving the effectiveness of their policies relating to labour migration. (Provisional Record No. 22, pages 60-61, ILC, 92nd Session, Geneva, 2004.)

3. Part IV. Remuneration of workers. 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). As no mention of the draft Labour Code is made in the Government’s latest reports, the Committee once again requests the Government to provide information on any development in respect of adopting a new legislation fixing minimum wage.

4. Payment of wages. In its previous comments, the Committee had noted the Government’s indications concerning measures taken to ensure the regular and timely payment of wages to workers. Among these measures, the Government had 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 once again requests the Government to provide a copy of the relevant provisions of the abovementioned Ministerial Orders including information on their application to migrant workers (Article 11).

5. Advances on wages. 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 points out once again that these national provisions seems to be 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 asks the Government to state, in its next report, measures envisaged or taken in order to provide a legal framework to advances on wages, in conformity with the provisions of the Convention.