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

Hours of Work (Industry) Convention, 1919 (No. 1) - Kuwait (Ratification: 1961)

The Committee notes the Government’s indication that it is making every possible effort to adopt the new Labour Code currently being examined within the Majlis El-Ummah (legislative authority), which has already considered several parts of the draft. The Committee hopes that the Government will soon be in a position to provide concrete information concerning the finalization of this text, which has been at the draft stage since 1994, and requests it to provide a copy of the new legislative text as soon as it has been adopted.

Articles 1 and 2 of the Convention. Scope of application. Further to its previous observations concerning the categories of workers not covered by the provisions of the Labour Code, such as casual workers engaged in seasonal work not exceeding six months and the owners of small non-mechanical enterprises employing fewer than five workers, the Committee once again requests the Government to provide information concerning compliance with the provisions of the Convention in respect of those persons, as well as a copy of the legislative texts applicable to them.

Article 6, paragraphs 1(b) and 2. Temporary exceptions – public sector. Further to its numerous comments relating to sections 3 and 4 of Ministerial Order No. 34/77 concerning overtime in the public sector, the Committee notes that no progress has been made with regard to the determination of the maximum number of additional hours which may be authorized in the case of temporary exceptions to the hours of work in the public industrial sector, as well as the conditions in which these additional hours are authorized. The Committee is bound to recall once again that Article 2 of the Convention stipulates that the provisions of the Convention are applicable to undertakings in both the public and private sectors and requests the Government to take the appropriate measures to adopt regulations similar to Order No. 104/94 applicable to public sector undertakings. Finally, the Committee notes the request for technical assistance made by the Government and invites it to contact the ILO office in Beirut to draw up an action plan and a timetable for the technical assistance requested.