Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 2, paragraph 1, of the Convention. 1. Scope of application. Seasonal workers. In its previous comments, the Committee had noted 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 indication, in its report, that it shall send a copy of the draft Labour Law to the Office as soon as it is adopted. Considering, however, that the Government has been referring to the enactment of the draft Labour Law for a number of years, the Committee expresses the firm hope that the Government will take the necessary measures to ensure that it is adopted in the very near future.

(b) Domestic workers. Following it previous comments, the Committee notes the Government’s information that the minimum age for domestic work is 20 years, according to section 5(3) of Order No. 640 of 1978 taken by the Minister of Interior, which is attached to the regulations putting into effect the Foreigners’ Residence Act. It also notes the Government’s indication that it will provide a copy of the rules governing the relationship between domestic workers and their employers which shall be issued by decision of the competent minister once the draft Labour Code is adopted. The Committee observes that, although the Government indicates in its report that a copy of the model contract published by the Ministry of Interior for the employment of domestic workers is annexed, no such document has been provided to the Office. The Committee requests the Government to provide a copy of Order No. 640 of 1978 with its next report. It also asks the Government to provide a copy of the model contract for the employment of domestic workers.

(c) Self-employment. Following its previous comments, the Committee notes the Government’s indication that it shall provide the Office with information on cases of self-employment and on the situation of street children as soon as it is available. 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 trusts the Government will supply information on the situation of self-employed children in its next report, and particularly street children, especially with regard to their age as well as the types of work they undertake.

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 noted 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 into conformity with the Convention. The Committee trusts that the draft Labour Law will be adopted as soon as possible and once again requests the Government to inform it of any developments in this regard.

Article 2, paragraph 3. Age of completion of compulsory schooling. Following its previous comments, the Committee notes the Government’s information that the age of completion of compulsory schooling has been raised to 15 years. It also notes that the Government adopted the education model from a previous 4+4+4 to a new 5+4+3 model for the 2005–06 school year resulting in the fact that compulsory education is extended from eight to nine years.

Article 9, paragraph 1. Sanctions. In its previous comments, the Committee had noted that the fines imposed on employers violating the provisions of Act No. 38 of 1964 were low and had invited the Government to take measures to revise and increase those penalties according to Article 9, paragraph 1, of the Convention. The Committee notes the Government’s information that the draft Labour Law includes harsher sanctions than the ones applied in the current Labour Code. It notes the Government’s indication that it will provide the Office with a copy of the new Labour Law as soon as it is adopted by the Majlis El-Ummah (legislative authority).

Article 9, paragraph 3. Registers of employment. Following its previous comments, the Committee notes that the Government indicates that a copy of the model register used by employers has been attached to its report. However, the Committee observes that no such document was effectively attached to the Government’s report. Accordingly, it reiterates its request to the Government to provide a copy of the model register used by employers.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes that the statistical compilation for employees in the private sector of 2006 that the Government claims to have attached to its report is not, in fact, attached. Therefore, it requests the Government to provide the Office with a copy of this statistical compilation including statistical data on the employment of children and young persons, as well as extracts from the reports of inspection services and information on the number and nature of contraventions reported.

The Committee also 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 all the comments made by the Office on the draft Labour Law.