Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Kuwait (Ratification: 2007)

The Committee notes the Government’s first report on the application of the Convention. It also notes the observations made by the International Trade Union Confederation (ITUC) dated 29 August 2008 and 26 August 2009 and the replies provided by the Government concerning the 2008 communication. The Committee requests the Government to provide its comments on the matters raised by the ITUC in its 2009 communication, in particular concerning the cases of the arrest and expulsion of workers who had called a strike. The Committee also requests it to provide clarification on the following points.

Scope of application of the Convention. With regard to the observations of the ITUC according to which domestic workers, migrant workers and seafarers are excluded from the scope of the law, the Committee notes the Government’s statement that, in order to offer better protection for domestic workers, the authorities have taken decisions relating to the strengthening of the supervision of employment agencies, and the establishment of employment contracts protecting their rights and legal procedures in the case of abuses of these workers. Furthermore, with regard to migrant workers, the Government indicates that the draft new Labour Code lifts all restrictions on the exercise of their trade union rights. Noting this information, the Committee requests the Government to take advantage of the reform of the Labour Code under way to include legislative provisions specifically recognizing the right of domestic workers, migrant workers and maritime workers to exercise trade union rights, including the right to collective bargaining, and to provide a copy of any new texts adopted in this regard.

Article 4 of the Convention. Promotion of collective bargaining. Noting that, according to the ITUC, the private sector workforce accounts for only 6 per cent of the total number of workers, the Committee requests the Government to indicate the legislative provisions ensuring adequate protection against acts of anti-union discrimination and interference, the penalties applicable in cases of violation, and the provisions which guarantee the right to collective bargaining of public servants who are not engaged in the administration of the State, who should, under the Convention, benefit from the guarantees provided by the Convention. In the absence of such legislative provisions, the Committee requests the Government to take the necessary measures to introduce them into the national legislation.

Finally, the Government is requested to provide information on any measures taken to develop and promote the widest possible use of collective bargaining in the public and private sectors.