Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information contained in the Government’s report received in October 2013, in reply to the observation of 2008. The Government refers to certain implementing measures, namely the payment of child and social allowances benefiting Kuwaiti citizens, the payment of unemployment benefits, training and rehabilitation of national workers and monetary allowances for workers dismissed for reasons pertaining to the economic crisis. Moreover, technical training and technological assistance are being offered with a view to develop national capacities and reach higher productivity rates. Based on information published by the International Monetary Fund in November 2013, the Committee notes that 90 per cent of Kuwaiti workers are employed in the public sector, whereas 90 per cent of non-Kuwaiti workers are employed in the private sector. The same publication indicates that the Government is initiating labour market reforms aimed at reducing the share of foreign workers in the labour force and absorbing Kuwaiti entrants; it also emphasises that proper training of Kuwaitis is essential to increase employment opportunities for Kuwaitis in the private sector. The Committee also notes that a four-year development plan was launched in 2010 as the first of a series of plans based on a strategic vision for 2035. The plan’s third strategic goal aims to support human and social development through, inter alia, the improvement of education and training systems, health services and social-care systems. The Committee invites the Government to provide updated information on the impact of the measures implemented to ensure that “the improvement of standards of living” are regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention).

Part III. Migrant workers. In reply to previous comments, the Government indicates that migrant workers enjoy the same advantages as those enjoyed by national workers pursuant to the Private Sector Labour Law No. 6 of 2010 whose provisions apply to both. The Committee refers to its previous comments in which it recalled that the protection of migrant workers requires a sound legal foundation based on international law. The Committee therefore invites the Government to provide further 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, including for those employed in domestic work (Article 8).

Part IV. Remuneration of workers. Minimum wage. The Committee notes that, under section 63 of Law No. 6 of 2010, the Minister of Labour shall issue a resolution, every five years at the latest, in which the authorities shall fix the minimum remuneration depending on the nature of the various professions and industries, taking into consideration the rate of inflation witnessed by the country and after discussing such resolution with the Advisory Committee for Labour Affairs. The Committee therefore invites the Government to indicate whether the ministerial resolution fixing the minimum wage has been issued and, if so, to supply a copy to the ILO. Please also indicate in the Government’s next report how effect is being given to paragraphs 3 (information about minimum wage rates) and 4 (remedies to recover the amount underpaid) of Article 10 of the Convention.

Protection of wages. The Government refers to sections 56 and 57 of the Law No. 6 of 2010, regarding the regular payment of wages. The Committee notes that section 59(a) limits, to 10 per cent, the proportion of the worker’s wage that may be deducted, for the purposes of settling a debt or a loan. In addition, section 59(b) provides that retention or attachment, for the purposes of paying alimony, food, clothing and other debts including towards the employer, shall not exceed 25 per cent of the wage. The Committee invites the Government to provide information on the measures taken in order to ensure that workers have been informed of their wage rights, and to prevent any unauthorised deductions from wages (Article 11(8)(a)–(b) of the Convention).

Advances on the remuneration of workers. In its previous comments, the Committee indicated that section 31 of the now repealed Act No. 38 of 1964 seemed insufficient to fulfil the specific requirements of Article 12(2) of the Convention. The Committee notes that section 59(1) of Law No. 6 of 2010 essentially reproduces the text of section 31 of Act No. 38 of 1964. The Convention requires that the Government take measures to limit the amount of advances which may be made to a worker in consideration of his taking up employment and to clearly explain to the worker the amount of advances permitted (Article 12(2)). In addition, the Convention provides that any advance in excess of the amount laid down has to be made legally irrecoverable by the competent authority; moreover, this advance may not be recovered by the withholding of amounts of pay due to the worker at a later date (Article 12(3)). The Committee invites the Government to indicate whether advances may be made to a worker to encourage the worker to accept employment and, if so, to indicate the measures taken in order to limit the advances which may be made to a worker in consideration of his/her taking employment, and to clearly explain to the worker the amount of advances permitted (Article 12(2)). The Committee also invites the Government to indicate the measures taken in order to give effect to Article 12(3).