Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

In its previous comments, the Committee noted that a draft Labour Law amending Act No. 38 of 1964 on labour in the private sector (Act No. 38 of 1964) was being discussed by the national authorities. The Committee observed that the Government had been referring to the enactment of the draft Labour Law for a number of years, and expressed the firm hope that it would be adopted in the near future.

The Committee notes with satisfaction that Act No. 6 of 2010 (Labour Code of 2010) has been adopted and promulgated in the Official Gazette No. 963.

Article 2(1) of the Convention. Scope of application. Street children and other self-employed children. The Committee previously noted that, according to the information in the summary record for the 1,301st meeting of the Committee on the Rights of the Child (CRC) on 24 January 2008, a member of the CRC noted that the number of street children and refugee children had recently increased significantly in Kuwait (CRC/C/SR.1301, paragraph 9). The Committee requested the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside of an employment relationship.

The Committee notes that section 2 of the Labour Code of 2010 provides that its provisions apply to all workers in the private sector. It once again reminds the Government that the Convention applies to all branches of economic activity and that it covers every kind of employment or work, including work performed by children and young persons performed on their own account. The Committee once again urges the Government to take the necessary measures to ensure the application of the Convention to all types of work performed outside an employment relationship, such as street children and other self-employed children. It requests the Government to provide information on the progress made in this regard in its next report.

Article 3(1). Minimum age for admission to employment or work. The Committee previously noted that under the terms of section 18 of Act No. 38 of 1964, the minimum age for admission to employment or work was 14 years, although the minimum age specified by the Government at the time of ratifying the Convention was 15 years. It 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 notes with satisfaction that section 19 of the Labour Code of 2010 provides that it is prohibited to employ persons who are below the age of 15 years.

Article 3(2). Determination of hazardous work. The Committee notes that, according to section 20(a) of the Labour Code of 2010, young persons aged from 15 to 18 years shall not be employed in industries or professions that are, by a resolution of the Minister of Labour, classified as hazardous or harmful to their health. In this regard, the Committee recalls that, under the terms of Article 3(2) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on the progress made by the Minister of Labour in elaborating a resolution, after consultation with the organizations of employers and workers concerned, providing for a list of the industries and professions classified as hazardous or harmful to the health of children. It firmly hopes that this list, determining the types of hazardous work prohibited for children under 18 years of age, will be adopted without delay, in conformity with Article 3(2) of the Convention.

Article 9(3). Registers of employment. The Committee previously noted that, pursuant to section 3 of Ministerial Decree No. 148 of 2004 regulating the employment of young persons between 14–18 years of age, the employer of these young persons shall keep an up-to-date record of the names, ages and date of employment, as well as the type of work, of his/her employees. It requested the Government to provide a copy of the model register used by employers.

The Committee notes the Government’s information that there is no obligatory model register of employment in Kuwait, but that section 3 of Ministerial Decree No. 25 of 1975 on the employment of young persons provides that employers who hire young persons must keep a register of their names, ages and dates of employment, as well as of the types of work they are assigned.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that, with regard to national employment, labour inspections have not revealed the existence of contraventions concerning the employment of children and young persons. The Committee requests the Government to continue to provide information on the practical application of the Convention. It also requests the Government to provide statistical information on the practical application of the provisions of the Labour Code of 2010 relating to the employment of children and young persons, including, where relevant, those below the minimum age specified (15 years), extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.