Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Parties I and II of the Convention. Improvements of standards of living. The Committee notes the brief information contained in the Government’s report received in August 2008 in reply to the observation of 2005. In particular, the Committee had wished to obtain information on the economic and social development of Kuwait. In this regard, the Government indicates that new data will be communicated as soon as possible. The Committee recalls that under Article 1, paragraph 1, of the Convention, the Government must ensure that “all policies” are “primarily directed to the well-being and development of the population”. It hopes that the Government will send a report containing up to date information indicating how “the improvement of standards of living” are regarded as “the principal objective in the planning of economic development” in accordance with Article 2 of the Convention.

Part III. Migrant workers. In reply to the previous observation, the Government indicates that the Labour Code affords protection to all workers in the private sector and that specialist bodies, such as the labour inspectorate and units attached to it, are responsible for monitoring the observance of the law by employers. The Central Department of Labour Relations and the units attached to it deal with complaints from workers who consider that their rights have been violated. The Government points out that, in accordance with Ministerial Ordinance No. 110 of 7 January 1995, employers are required to display the names of all their workers in a visible location in the work place, indicating their nationalities and their identity papers. Any employer who infringes this obligation is liable to be penalized by the competent labour department. The Committee refers to the principles relating to the rights of all migrant workers set out in the ILO Multilateral Framework on Labour Migration published in March 2006, which provides in particular that “the protection of migrant workers requires a sound legal foundation based on international law”. The Committee hopes that the Government’s next report will contain information on the measures taken to ensure that migrant workers enjoy protection and advantages not less than those enjoyed by workers resident in the area of labour utilization (Article 8 of the Convention).

Part IV. Remuneration of workers. The Government indicates that most provisions of the new Labour Code have already been examined by Parliament and refers once again to Ministerial Ordinance No. 110 of 7 January 1995, which provides that any wage of 100 dinars or more shall be paid into a Kuwaiti bank account. The Government’s report shows that there is no legal framework relating to advances on wages. With reference to the comments which it has been making for many years, the Committee hopes that the new Labour Code will contain provisions relating to the fixing of minimum wages and advances on wages, in accordance with Articles 10 and 12 of the Convention. It requests the Government once again to indicate the measures taken to ensure the regular and prompt payment of all wages (Article 11), attaching copies of any relevant legislative texts. The Government is also requested to provide information on the application of such provisions to migrant workers.