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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 6(1)(b) and (2) of the Convention. Temporary exceptions – Oil sector. The Committee notes that under section 4 of the Labour Law No. 6 of 2010, the oil sector is regulated by the Oil Sector Labour Law. In this connection, the Government refers to sections 7 and 10 of the Oil Sector Labour Law and indicates that hours of work including overtime may not exceed 48 hours in one week, provided that overtime work does not exceed two hours a day and is compensated by an extra 25 per cent of the ordinary wage rate. The Committee observes that, contrary to the Labour Law No. 6 on work in the private sector which fixes a 180-hour annual limit on overtime, the Oil Sector Labour Law does not appear to establish any annual limit on authorized overtime hours. The Committee requests the Government to provide additional explanations in this respect. It would also appreciate receiving a copy of the Oil Sector Labour Law.

Public sector. In the absence of the Government’s reply on this point, the Committee wishes to draw once again attention to the fact that the Ministerial Order No. 34/77 on overtime in the public sector does not fix the maximum number of additional hours that may be authorized in the day and in the year, nor does it specify the conditions under which such additional hours may be authorized. The Committee requests the Government to take appropriate action and keep the Office informed of any progress made in this respect.

Private industrial sector. The Committee recalls its previous comment in which it noted that section 66 of the Labour Law No. 6 of 2010 on work in the private sector permits overtime if this is necessary, among others, for meeting work needs that exceed daily required work, and therefore does not limit recourse to overtime to exceptional cases of pressure of work, as required under Article 6(1)(b) of the Convention. The Committee requests the Government to take the necessary measures to ensure that overtime in industrial establishments is authorized only in the circumstances provided for in this Article of the Convention.

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

Articles 1 and 2 of the Convention. Scope of application. The Committee notes with interest that following the adoption of the new Labour Law No. 6 of 2010 on work in the private sector, which repeals Law No. 38 of 1964, casual workers engaged in seasonal work not exceeding six months and owners of non mechanical enterprises employing fewer than five workers are now covered by the provisions on working time. It notes, however, that under section 5 of Labour Law No. 6 of 2010, these provisions do not apply to workers whose employment and working conditions are regulated by other laws. The Committee requests the Government to specify the categories of workers who are exempted from the application of the new Private Sector Labour Law No. 6 of 2010, and to provide a copy of the legal provisions regulating the working hours of those workers.

Article 6(1)(b). Temporary exceptions. The Committee notes that section 66 of the Private Sector Labour Law No. 6 of 2010, which essentially reproduces section 34 of the previous Labour Law No. 38 of 1964, provides that employees may be requested to perform overtime if this is necessary for avoiding a certain loss or completing such work exceeding the daily required work. The Committee wishes to draw the Government’s attention to the fact that Article 6(1)(b) of the Convention permits the introduction of temporary exceptions to the normal hours of work only when industrial establishments need to deal with exceptional cases of pressure of work, whereas section 66 of the new Private Sector Labour Law does not seem to limit recourse to additional hours to exceptional situations. The Committee therefore requests the Government to take the necessary measures in order to bring the national legislation into full conformity with the requirements of Article 6(1)(b) of the Convention and to keep the Office informed of any further developments in this matter.

Article 6(2). Limit on the number of additional hours. The Committee notes that under section 66 of the Private Sector Labour Law No. 6 of 2010, additional hours are permitted up to a maximum of 180 hours per year. Furthermore, the Committee notes once again that sections 3 and 4 of Ministerial Order No. 34/77 concerning overtime in the public sector do not specify the maximum number of additional hours that may be authorized in the case of temporary exceptions to the normal hours of work. In this regard, the Committee wishes to refer to paragraph 144 of its 2005 General Survey on hours of work in which it noted that even though the establishment of specific limits to the total number of additional hours is left to the competent authorities, this does not mean that such authorities have unlimited discretion in this regard. Such limits must be reasonable and they must be prescribed in line with the general goal of the Convention, namely to establish the eight-hour day and 48-hour week as a legal standard of hours of work in order to provide protection against undue fatigue and to ensure reasonable leisure and opportunities for recreation and social life. It appears from the preparatory work that led to the adoption of Convention No. 1 that the limits considered to be permissible amounted to 150 hours per year in the case of temporary exceptions. In light of the preceding observations, the Committee hopes that the Government will take without further delay all necessary measures in order to establish a reasonable limit on the number of authorized additional hours in case of temporary exceptions both in the private and the public sectors and to keep the Office informed of any progress achieved in this respect.

Finally, the Committee draws the Government’s attention to the conclusions of the ILO Tripartite Meeting of Experts on Working Time Arrangements, held in October 2011, according to which the provisions of existing ILO standards relating to daily and weekly hours of work, weekly rest, paid annual leave, part time and night work, remain relevant in the twenty-first century, and should be promoted in order to facilitate decent work. The Experts also emphasized the importance of working time, its regulation, and organization and management, to: (a) workers and their health and well-being, including opportunities for balancing working and non-work time; (b) the productivity and competitiveness of enterprises; and (c) effective responses to economic and labour market crises.

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

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.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Articles 1 and 2 of the Convention. In its reply to the Committee’s previous observation, the Government does not indicate how conformity with the provisions of the Convention is ensured with respect to workers who are excluded from the application of the Labour Code (section 2 of Law No. 38 of 1964), i.e., domestic workers and workers who are provided for by other laws. The Committee therefore asks the Government again to provide detailed information on this issue and copies of any relevant legal texts.

Article 6, paragraph 1(b). The Government still endeavours to determine the conditions in which recourse to overtime is permitted and to fix a reasonable annual limit to the number of additional hours of work in the public industrial sector, similarly to Order No. 104/94 concerning private industrial undertakings. The Committee regrets that the Government has not been able to achieve progress in this field and it expresses once again the hope that the Government will take the necessary action in the near future to render its legislation compatible with the requirements of the Convention. Please keep the ILO informed of any relevant developments in the matter.

Recalling the Government’s commitment to extending the application of the forthcoming Labour Law in the private sector to all categories of workers, the Committee urges the Government to make every effort to adopt the new law, whose draft has been under consideration for many years, very soon.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s reply to its previous observation.

Articles 1 and 2 of the Convention. The Committee takes note of the amendment of section 2 of the Labour Code (Law No. 38 of 1964 on work in the private sector). Under this provision of the Labour Code, domestic workers and other workers covered by other specific laws are excluded from its scope. It further notes the Government’s statement that temporary workers employed for a period of not more than six months and workers at enterprises employing less than five people figure under the categories of workers exempted from the application of the Convention. The Committee requests the Government to indicate in its next report all the categories of workers thus excluded and how conformity with the provisions of the Convention is ensured with respect to these workers. Please also supply copies of the relevant legal texts.

Article 6, paragraphs 1(b) and 2

  Private sector

With reference to its previous comments, the Committee notes with interest from the Government’s indication the amendment of section 1, paragraph 3, of the Order No. 105/94, which allows that employers may ask their employees to work overtime hours within the limits prescribed by law, i.e. by Order No. 104/94, in accordance with the provisions of this Article.

  Public sector

The Government’s report contains no information on whether progress has been achieved by amending sections 3 and 4 of Ministerial Order No. 34/77. This order does not define in a sufficiently precise manner the conditions and limits within which exceptions to normal working hours may be authorized. Recalling the text of Article 2, which stipulates that the provisions of the Convention are applicable both to public and private industrial undertakings, the Committee again asks the Government to take the necessary steps to determine the conditions in which recourse to overtime is permitted, and to fix a reasonable annual limit to the number of additional hours of work in public industrial undertakings similar to Order No. 104/94.

The Committee also asks the Government to keep it informed of any developments with regard to the adoption of the draft Labour Code for the private sector. It trusts that the new Code will be adopted in the near future and ensure the protection afforded by this Convention (see also comments related to Convention No. 106).

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report and the comments provided in reply to its previous observation. The Government states that the possibility of applying to the public sector the new regulations respecting exceptions from the normal hours of work, which has been in force since the adoption of Ministerial Order No. 104/94 is being examined by the public authorities. It also provides information on the provisions of section 1 of Order No. 105/94, which, according to the Government, only authorizes exceptions from the normal hours of work within the limits set out in Order No. 104/94. The Committee notes this information and hopes that the Government will therefore amend accordingly paragraph 3 of Order No. 105/94, which refers to the Labour Law in the Private Sector (No. 38/64). An amendment of this nature would make it possible to overcome any ambiguity which may still exist with regard to the provisions which are applicable concerning the authorized limits for overtime work. Finally, the Government indicates its commitment to extending the application of the new Labour Law in the Private Sector, which is still in draft form, to all categories of workers, including temporary workers and workers in small and medium-sized enterprises. The Committee once again hopes that it will be adopted in the near future and requests the Government to keep the ILO informed of the progress achieved in this respect.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. With reference to its previous observation, the Committee notes with interest the adoption of Ministerial Order No. 104/94 fixing the maximum number of additional hours authorized in the private sector at six per week and 180 per year, in accordance with the provisions of Article 6, paragraph 2, of the Convention. The Committee notes, however, that these new regulations do not apply to public sector workers who are still governed, in respect of exceptions to normal working hours, by sections 3 and 4 of Ministerial Order No. 34/77, which are incompatible with the provisions of the Convention, since they fix the minimum duration of overtime providing entitlement to compensation instead of defining the maximum duration of authorized overtime, and determine the maximum amount of compensation without taking into account the total duration of the work performed. Recalling the text of Article 2 which stipulates that the provisions of the Convention are applicable both to public sector and to private sector establishments, the Committee invites the Government to take appropriate measures to adopt regulations similar to Order No. 104/94 applicable to public sector establishments.

2. Furthermore, the Committee draws the Government's attention to the ambiguous nature of the wording of section 1, paragraph 3, of Order No. 105/94 relating to the prohibition of forced labour in private sector enterprises. The text refers to the Act relating to work in the private sector (No. 38/64), while the latter has been the subject of previous comments by the Committee regarding the fact that it does not refer to the monthly or annual limits for authorized overtime, and the abuses to which this could give rise. Since Order No. 104/94 was enacted as a result of these comments, the Committee hopes that the Government will soon take the necessary measures to remove any ambiguity in this regard, by referring either to Order No. 104/94 supplementing the provisions of Act No. 38/64 referred to above, or to the relevant articles of the new Act on work in the private sector.

3. The Committee notes the draft revised version of Act No. 38/64, as amended by the Committee on Labour Standards and Agreements. It would be grateful if the Government would keep the ILO informed of the follow-up to this draft and expresses the hope that it will be adopted in the near future. In this regard, the Committee requests the Government to specify whether the scope of the new Act will extend to temporary workers and to those in small enterprises, as was stated in the Government's last reply to the Committee's comments.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report and the information supplied in answer to its previous comments.

1. Private sector

The Committee notes the Government's statement that the Labour Bill, which has been submitted to the Council of Ministers, provides for extension of the new Code to temporary workers and workers in small enterprises. The Committee trusts that the Bill, to which the Government has been referring for many years, will be adopted shortly and that it will give full effect to Articles 1 and 2 of the Convention.

Article 6, paragraphs 1(b) and 2. The Committee notes that the Government maintains its previous position according to which the fixing of a limit of two hours' overtime per day to meet exceptional increases in workload is sufficient to give effect to these provisions of the Convention. The current legislation (Act No. 38 of 1964) also limits overtime to two hours a day in the event of serious accidents which are imminent or which have taken place, to repair the damage caused by such accidents, or to avoid certain loss. While the Convention does not provide for limits in such cases, which are comtemplated in Article 3, it does provide under Article 6, paragraph 1(b), for recourse to overtime so that establishments may deal with exceptional cases of pressure of work, and paragraph 2 of that Article requires that a maximum number of additional hours be fixed. The limit of two hours per day fixed by the Government might permit unduly high weekly or annual working hours which, in the Committee's opinion, might will lead to violation of the spirit of this Convention (see in this connection the Committee's 1967 General Survey on this instrument, ILC, 51st Session, 1967, Report III (Part IV), third part, paragraph 239). The Committee therefore again expresses the hope that the Government will take the necessary measures to fix, in the case in question, a reasonable monthly or annual limit in conformity with the Convention's objectives.

2. Public sector

Article 6, paragraph 1(b). With reference to its previous comments, the Committee notes that the legislation currently in force (Ministerial Order No. 34 of 1977 concerning overtime in the public sector), still does not determine with sufficient precision the conditions and limits within which exceptions to normal working hours may be authorized. The Committee recalls that these exceptions must remain within limits which are in conformity with the Convention's objectives. It therefore again asks the Government to take the necessary steps to determine the conditions in which recourse to overtime is permitted, and to fix a reasonable annual or monthly limit on the number of additional hours which may be authorized.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee noted with regret that no measures have yet been taken to give effect to the following provisions of the Convention, which have been the subject of comments for many years.

1. Private sector

Articles 1 and 2 of the Convention. In its previous reports the Government had mentioned draft labour legislation which would cover temporary workers and workers in small undertakings. These workers are not covered by the 1964 Labour Act which is now in force. The Committee requests the Government to communicate information on the present state of this draft.

Articles 6(1(b) and 2) of the Convention. The Government has repeated its previous position according to which the fixing of a limit of two hours of supplementary work per day to meet extraordinary increases in workload is sufficient to give effect to these provisions of the Convention. The national legislation also limits to two hours per day recourse to supplementary hours in case of serious accidents which are imminent or which have taken place, to repair the damage caused by such accidents, or to avoid certain losses. While the Convention does not provide for limits to be set for such cases, which are contemplated in its Article 3, it does provide for instance under Article 6, paragraph 1(b), for recourse to supplementary hours so that establishments may deal with exceptional cases of pressure of work, and paragraph 2 of that Article requires that the maximum number of additional hours be fixed. The limit of two hours per day fixed by the Government might imply considerably too many weekly or annual working hours which, in the Committee's opinion, could be in direct contradiction to the spirit in which this Convention was drafted (see in this connection the Committee's 1967 general survey on this instrument, International Labour Conference, 51st Session, 1967, Report III (Part IV), third part, paragraph 239). The Committee would therefore be grateful if the Government would take the measures necessary to fix a reasonable monthly or annual limit in this case, in conformity with the Convention's objectives.

2. Public sector

Article 6, paragraph 1(b). As the Committee has already pointed out in previous comments, Ministerial Order No. 34 of 1977 with respect to overtime in the public sector does not determine with sufficient precision the conditions and limits on the authorization of exceptions to normal working hours. It recalls that such exceptions must remain within limits which are in conformity with the Convention's objectives. The Committee therefore again requests the Government to take the necessary measures to determine the conditions under which recourse to overtime is permitted, and to fix a reasonable annual or monthly limit on the number of additional hours which may be authorized.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information communicated by the Government in its last report. It notes with regret that no measures have yet been taken to give effect to the following provisions of the Convention, which have been the subject of comments for many years.

1. Private sector

Articles 1 and 2 of the Convention. In its previous reports the Government had mentioned draft labour legislation which would cover temporary workers and workers in small undertakings. These workers are not covered by the 1964 Labour Act which is now in force. The Committee requests the Government to communicate information on the present state of this draft.

Articles 6(1(b) and 2) of the Convention. The Government has repeated its previous position according to which the fixing of a limit of two hours of supplementary work per day to meet extraordinary increases in workload is sufficient to give effect to these provisions of the Convention. The national legislation also limits to two hours per day recourse to supplementary hours in case of serious accidents which are imminent or which have taken place, to repair the damage caused by such accidents, or to avoid certain losses. While the Convention does not provide for limits to be set for such cases, which are contemplated in its Article 3, it does provide for instance under Article 6, paragraph 1(b), for recourse to supplementary hours so that establishments may deal with exceptional cases of pressure of work, and paragraph 2 of that Article requires that the maximum number of additional hours be fixed. The limit of two hours per day fixed by the Government might imply considerably too many weekly or annual working hours which, in the Committee's opinion, could be in direct contradiction to the spirit in which this Convention was drafted (see in this connection the Committee's 1967 general survey on this instrument, International Labour Conference, 51st Session, 1967, Report III (Part IV), third part, paragraph 239). The Committee would therefore be grateful if the Government would take the measures necessary to fix a reasonable monthly or annual limit in this case, in conformity with the Convention's objectives.

2. Public sector

Article 6, paragraph 1(b). As the Committee has already pointed out in previous comments, Ministerial Order No. 34 of 1977 with respect to overtime in the public sector does not determine with sufficient precision the conditions and limits on the authorisation of exceptions to normal working hours. It recalls that such exceptions must remain within limits which are in conformity with the Convention's objectives. The Committee therefore again requests the Government to take the necessary measures to determine the conditions under which recourse to overtime is permitted, and to fix a reasonable annual or monthly limit on the number of additional hours which may be authorised.