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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Parts I and II of the Convention. Improvement of standards of living. In its previous comments, the Committee noted that a four-year development plan was launched in 2010 as the first of a series of plans based on a strategic vision up to 2035. The Committee recalls that 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 Government reports that the first medium-term development plan (2010–14) played an important role in terms of social and economic development in Kuwait, setting a series of strategic development goals in the fields of economy, human and social development, public administration and planning. The Committee takes note of a series of legislative measures adopted with a view to improving standards of living. Furthermore, it notes that the Public Institution for Social Security, representing the Government, introduced a series of training and education programmes to provide trainees with skills, experience and knowledge that correspond to labour market requirements. Finally, the Committee notes the promulgation of Act No. 101 in 2013, which aims to provide insured persons with an income capable of satisfying their basic living requirements. The Committee requests the Government to continue to provide detailed updated information on the impact of the measures implemented to ensure that “the improvement of standards of living” is regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention).

Part III. Migrant workers. The Government indicates that the national labour laws provide an effective system of protection both for workers who are citizens of Kuwait as well as for migrant workers. In this context, it reiterates that migrant workers enjoy the same advantages as those enjoyed by national workers pursuant to Act No. 6 of 2010 concerning labour in the private sector, whose provisions apply to both nationals and migrants. It also refers to Act No. 68 of 2015 concerning domestic workers. The Government indicates that, within this framework, the Public Authority for Manpower conducted inspection campaigns and established an electronic complaints service for workers. In this respect, the Committee notes that the Department of Domestic Labour investigated several complaints during the period 2017–18. 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 reiterates its request that the Government provide further information on the nature and impact of measures taken to ensure that migrant workers enjoy protection and advantages not less favourable 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. In response to the Committee’s previous request, the Government indicates that, in accordance with section 63 of Act No. 6 of 2010, Ministerial Decision No. 14 of 2017 concerning the minimum wage for workers in the private and petroleum sectors was issued on 11 June 2017, raising the minimum monthly wage to 75 Kuwaiti dinar (KWD). The Government adds that effect is given to Article 10(3) of the Convention through an automated system introduced by the Public Authority for Manpower, which records the minimum wage from the date of publication of the aforementioned Ministerial Decision. Finally, the Government indicates that, concerning underpayment of wages, entitled workers may submit complaints via the same legal procedures established for requesting labour benefits. The Committee requests the Government to provide more detailed information on how effect is being given to paragraphs 3 (information about minimum wage rates) and 4 (remedies to recover amounts underpaid) of Article 10 of the Convention.

Protection of wages. In response to the Committee’s previous request, the Government reports that the Public Authority for Manpower recorded the minimum wage through the automated system in place and shared relevant information materials on workers’ rights through social media networks, the Authority’s website and through a campaign launched in 2017 to promote decent work. The Committee invites the Government to continue to provide information on the specific measures taken in order to ensure that workers have been informed of their wage rights (Article 11(8)(a)). The Committee reiterates its request that the Government provide information on the specific measures taken to prevent any unauthorized deductions from wages (Article 11(8)(b) of the Convention).

Advances on the remuneration of workers. In its previous comments, the Committee noted that section 59(1) of Act No. 6 of 2010 essentially reproduced the text of section 31 of Act No. 38 of 1964, which was not sufficient to fulfil the specific requirements of Article 12(2) of the Convention. The Committee reiterates that the Convention requires that the Government take measures to limit the amount of advances which may be made to a worker in consideration of the worker’s 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 remuneration due to the worker at a later date (Article 12(3)). The Committee notes that the Government has not provided a reply to this request. The Committee therefore reiterates its request that the Government indicate whether advances may be made to a worker to encourage the worker to accept employment and, if so, that the Government indicate the measures taken in order to limit the advances which may be made to a worker in consideration of his or her taking up employment, and to clearly explain to the worker the amount of advances permitted (Article 12(2)). The Committee reiterates its request that the Government indicate the measures taken in order to give effect to Article 12(3).

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

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).

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Parties I and II of the Convention. Improvements of standards of living. The Committee notes the brief information contained in the Government’s report received in August 2008 in reply to the observation of 2005. In particular, the Committee had wished to obtain information on the economic and social development of Kuwait. In this regard, the Government indicates that new data will be communicated as soon as possible. The Committee recalls that under Article 1, paragraph 1, of the Convention, the Government must ensure that “all policies” are “primarily directed to the well-being and development of the population”. It hopes that the Government will send a report containing up to date information indicating how “the improvement of standards of living” are regarded as “the principal objective in the planning of economic development” in accordance with Article 2 of the Convention.

Part III. Migrant workers. In reply to the previous observation, the Government indicates that the Labour Code affords protection to all workers in the private sector and that specialist bodies, such as the labour inspectorate and units attached to it, are responsible for monitoring the observance of the law by employers. The Central Department of Labour Relations and the units attached to it deal with complaints from workers who consider that their rights have been violated. The Government points out that, in accordance with Ministerial Ordinance No. 110 of 7 January 1995, employers are required to display the names of all their workers in a visible location in the work place, indicating their nationalities and their identity papers. Any employer who infringes this obligation is liable to be penalized by the competent labour department. The Committee refers to the principles relating to the rights of all migrant workers set out in the ILO Multilateral Framework on Labour Migration published in March 2006, which provides in particular that “the protection of migrant workers requires a sound legal foundation based on international law”. The Committee hopes that the Government’s next report will contain 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 (Article 8 of the Convention).

Part IV. Remuneration of workers. The Government indicates that most provisions of the new Labour Code have already been examined by Parliament and refers once again to Ministerial Ordinance No. 110 of 7 January 1995, which provides that any wage of 100 dinars or more shall be paid into a Kuwaiti bank account. The Government’s report shows that there is no legal framework relating to advances on wages. With reference to the comments which it has been making for many years, the Committee hopes that the new Labour Code will contain provisions relating to the fixing of minimum wages and advances on wages, in accordance with Articles 10 and 12 of the Convention. It requests the Government once again to indicate the measures taken to ensure the regular and prompt payment of all wages (Article 11), attaching copies of any relevant legislative texts. The Government is also requested to provide information on the application of such provisions to migrant workers.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government’s reports received in November 2002 and March and October 2003 in reply to its previous observation.

1. Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information provided on the development plan of the State of Kuwait "Future outlook and phased trends" which includes development programmes to promote employment, education and training. It hopes that the next report on the application of the Convention will contain practical information dealing with the economic and social development in Kuwait including updated data illustrating that the improvement of standards of living have been regarded as the principal objective in the planning of economic development.

2. Part III. Migrant workers. The Committee takes due note of the Technical Cooperation Agreement signed between the Governments of Kuwait and Bangladesh in October 2000, aimed at exchanging information and developing the cooperation between both countries on matters related to manpower. The Committee asks the Government to provide information on the operation of any other agreement which might have been concluded for the protection of migrant workers and recalls that such agreements should provide protection and advantages for migrant workers not less than those enjoyed by workers residing in the member State which ratified this Convention (Article 8). The Committee draws the Government’s attention to the fact that it is difficult to avoid abusive practices in these settings which are more likely to escape controls and emphasizes the urgent need to grant effective protection to migrant workers. To this end, the non-binding multilateral framework for migrant workers in a global economy was designed in agreement with the tripartite constituents to assist member States in improving the effectiveness of their policies relating to labour migration. (Provisional Record No. 22, pages 60-61, ILC, 92nd Session, Geneva, 2004.)

3. Part IV. Remuneration of workers. The Committee previously requested the Government to indicate whether minimum rates of wage are fixed in consultation with representatives of the employers and workers (Article 10, paragraph 2), and what measures have been taken to ensure the enforcement of such minimum rates (Article 10, paragraphs 3 and 4). As no mention of the draft Labour Code is made in the Government’s latest reports, the Committee once again requests the Government to provide information on any development in respect of adopting a new legislation fixing minimum wage.

4. Payment of wages. In its previous comments, the Committee had noted the Government’s indications concerning measures taken to ensure the regular and timely payment of wages to workers. Among these measures, the Government had referred to Ministerial Order No. 108 of 29 June 1994 extending the system of a bank guarantee and Ministerial Order No. 110 of 7 January 1995 issued to require the transfer of wages to a Kuwaiti bank on the prescribed date of payment. The Committee once again requests the Government to provide a copy of the relevant provisions of the abovementioned Ministerial Orders including information on their application to migrant workers (Article 11).

5. Advances on wages. The Committee notes the Government’s repeated indication that section 31 of the Labour Code in the private sector (Act No. 38 of 1964) provides that the maximum amount to be deducted from the worker’s wage to repay his employers for advances on his wage shall not exceed 10 per cent of the worker’s wage and that the employer shall not charge the worker any interest. The Committee points out once again that these national provisions seems to be insufficient to fulfil the specific requirements of Article 12, paragraph 2, of the Convention which, in addition to the manner of repayment of advances on wages, provides that the maximum amounts of advances on wages, including those which may be made to a worker in consideration of his taking up employment, shall be regulated by the competent authority. The Committee asks the Government to state, in its next report, measures envisaged or taken in order to provide a legal framework to advances on wages, in conformity with the provisions of the Convention.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided in the Government’s report in reply to its previous comments.

Article 8 of the Convention. The Committee wishes to recall that in its previous reports the Government referred to migrant workers employed in Kuwait. Therefore, it again asks the Government to provide, as the case may be, a copy of any agreement entered into with foreign countries for the purpose of regulating matters of migrant workers. The Committee recalls that such agreements should provide protection and advantages for migrant workers not less than those enjoyed by workers residing in the member State which ratified this Convention. The Committee hopes that the Government will take the necessary measures to provide the information herein requested.

Minimum wages

Article 10, paragraphs 2, 3 and 4. The Committee previously requested the Government to indicate whether minimum rates of wage are fixed in consultation with representatives of the employers and workers (Article 10, paragraph 2), and what measures have been taken to ensure the enforcement of such minimum rates (Article 10, paragraphs 3 and 4).

In its reply, the Government indicates that, although the Kuwaiti legislator did not fix minimum wages, a study is being conducted to examine the possibility of fixing the minimum wages in the draft Labour Code as amended. The Committee requests the Government to keep providing information on any development in respect of minimum wage fixing in the amended Labour Code and to supply a copy of any relevant text adopted in this regard.

Protection of wages

Article 11 of the Convention. In its previous comments, the Committee noted the Government’s indications concerning measures taken to ensure the regular and timely payment of wages to workers. Among these measures, the Government referred to Ministerial Order No. 108 of 29 June 1994 extending the system of a bank guarantee and Ministerial Order No. 110 of 7 January 1995 issued to require the transfer of wages to a Kuwaiti bank on the prescribed date of payment. The Committee requested the Government to provide a copy of these ministerial orders as well as information on their application to migrant workers.

In its reply, the Government refers to a detailed explanation of Ministerial Order No. 110 of 1995 and of the provisions of Part VII of Act No. 38 of 1964 as being attached to its report. However, given that this documentation was not received, the Committee hopes that the Government will send in its next report a copy of this above detailed explanation, together with a copy of Ministerial Order No. 108 of 29 June 1994 and Ministerial Order No. 110 of 7 January 1995, that have been requested since 1995, and information concerning their application in practice with particular reference to migrant workers.

Article 12, paragraph 2. The Committee notes the Government’s repeated indication that section 31 of the Labour Code in the private sector (Act No. 38 of 1964) provides that the maximum amount to be deducted from the worker’s wage to repay his employers for advances on his wage shall not exceed 10 per cent of the worker’s wage and that the employer shall not charge the worker any interest. The Committee wishes to point out that these provisions are insufficient to fulfil the specific requirements of Article 12, paragraph 2, of the Convention which, in addition to the manner of repayment of advances on wages, provides that the maximum amounts of advances on wages, including those which may be made to a worker in consideration of his taking up employment, shall be regulated by the competent authority. The Committee hopes that the Government will take measures to give full effect to these provisions of the Convention.

Article 12, paragraph 3. The Committee notes the Government’s indication that the advances which are recoverable by law are regulated by the Civil Law. The Committee requests the Government to provide a copy of the relevant texts of the Civil Law regulating advances on wages.

[The Government is asked to report in detail in 2002.]

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

With reference to its observation, the Committee would be grateful if the Government would provide further information on the following points.

Article 11. The Committee recalls that Act No. 38 of 1964 concerning labour in the private sector, which gives effect, among others, to this Article excludes certain categories of workers, such as temporary workers and workers in small undertakings, from its scope (section 2 of the Act), and that the Committee requested the Government to take measures so as to extend the protection of wages contemplated in this Article of the Convention to the workers excluded from the scope of the above Act. It notes Act No. 28 of 1969 concerning labour in the petroleum industry to which the Government refers in the report, which contains only one provision (section 169) concerning the lodging that relates to the application of this Article. The Committee further noted the Government's indication that a new draft Private Sector Labour Code was under the constitutional procedures, and hopes that the Government will supply its copy as well as information on any other measures taken for the protection of wages of workers excluded from the scope of the 1964 Act.

Article 12. The Committee notes the Government's repeated reference to sections 28, 31 and 32 of the Labour Code (Act No. 38 of 1964), defining the "wages" and regulating the deduction from, and assignment of, wages for the repayment of debts, respectively. It again requests the Government to indicate any measures taken or envisaged to give effect to this provision of the Convention, which requires the regulation of the maximum amounts of advances on wages by the competent authority, and any advance made in excess of such limit to be legally irrecoverable.

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

With reference to its previous comments, the Committee notes the information supplied by the Government in its report on the following points. It notes with interest the establishment by Ministerial Order No. 114 of 1996 of a tripartite committee to examine the provisions of the labour law in the light of international labour Conventions, and also the indication of the Government in its report that a draft law in conformity with international Conventions is being considered by the constitutional bodies in the country for adoption. The Committee would be grateful if the Government would supply information on any developments in this regard.

Migrant workers

Articles 6, 7 and 8, of the Convention. As to the application of Article 6, the Government states in the report that individual workers' wages differ for different considerations, including the necessity to cover the needs of the workers and their families. Regarding Article 7, the Government again indicates that there is no restriction on remittance of workers' savings to their home countries. The Committee notes this information and hopes that the Government will continue to supply information on the application in practice of these Articles, including measures taken in accordance with the recommendations of the technical advisory mission of the Office to Kuwait in November 1994, to cover issues related to foreign labour. The Committee requests the Government to supply a copy of any agreements entered into with foreign countries for the purpose of regulating matters of migrant workers (Article 8).

Remuneration of workers

The Committee previously noted the Government's indications in the earlier report of measures taken to ensure the regular and timely payment of wages to workers (Article 11), namely: Ministerial Order No. 108 of 29 June 1994 had extended the system of a bank guarantee, i.e. requiring the employer to deposit a financial guarantee to cover in case of non-payment or late payment of wages, to non-governmental activities, particularly those which the Ministry may deem appropriate, which is in line with the recommendation of the technical advisory mission of the Office; and Ministerial Order No. 110 of 7 January 1995 was issued to require the transfer of wages to a Kuwaiti bank on the prescribed date of payment. The latter Ministerial Order also corresponds to one of the recommendations of the above mission, which considered that payment of wages through bank accounts would make it easier to detect cases of default such as non-payment or delayed payment, in particular to foreign workers, and would also make it easier to find out whether the worker is working with the original sponsor or with someone else without necessary authorization. In the absence of the Government's response, the Committee again requests the Government to supply copies of these Ministerial Orders as well as information on their application in practice, with particular reference to migrant workers.

The Committee also notes the absence of response to its previous comments on minimum wages, and again asks the Government to indicate whether minimum rates of wages are fixed in consultation with representatives of the employers and workers (Article 10, paragraph 2), and what measures have been taken to ensure the enforcement of such minimum rates (paragraphs 3 and 4).

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report and requests the Government to provide further information on the following points.

Article 11. The Committee recalls that Act No. 38 of 1964 concerning labour in the private sector, which gives effect, among others, to this Article excludes certain categories of workers, such as temporary workers and workers in small undertakings, from its scope (section 2 of the Act), and that the Committee requested the Government to take measures so as to extend the protection of wages contemplated in this Article of the Convention to the workers excluded from the scope of the above Act. It notes Act No. 28 of 1969 concerning labour in the petroleum industry to which the Government refers in the report, which contains only one provision (section 169) concerning the lodging that relates to the application of this Article. The Committee further notes the Government's indication that a new draft Private Sector Labour Code is under the constitutional procedures, and hopes that the Government will supply its copy as well as information on any other measures taken for the protection of wages of workers excluded from the scope of the 1964 Act.

Article 12. The Committee notes the Government's repeated reference to sections 28, 31 and 32 of Act No. 38 of 1964, defining the "wages" and regulating the deduction from, and assignment of, wages for the repayment of debts, respectively. It also notes the Government's explanation that the limit to the amount of advances on wages is not fixed so as to enable workers to meet various contingencies without having recourse to banks which charge heavy interest.

The Committee points out that, although Article 12 of the Convention requires regulation of the maximum amounts of advances on wages by the competent authority, it does not prescribe where such maximum should be set, and thus leaves the matter to the discretion of the competent authority. Therefore, it again requests the Government to indicate any measures taken or envisaged to give effect to this provision of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee recalls that Act No. 38 of 1964 concerning Labour in the Private Sector, which gives effect, among others, to Article 11 of the Convention, excludes certain categories of workers from its scope (section 2 of the Act), and that the Committee expressed the hope in its direct request of 1987 for adoption of the draft to revise the Act. The Committee noted the indication given by the Government representative in the Conference Committee in 1991 that the events that took place made it impossible to progress in the field of labour legislation which the Government had been preparing. It requests the Government to supply information on any measures taken or envisaged so as to extend the protection of wages contemplated in this Article of the Convention to the workers excluded from the scope of the above Act, including copies of legislation applicable to specified categories of workers such as those in the civil service or in the public sector. It would also appreciate a copy of Act No. 28 of 1969 concerning Labour in the Oil Industry to which the Government refers in the report.

2. The Committee noted the Government's earlier indication in connection with Article 10 that the minimum wages are fixed by the competent authority after agreement with the governments of different States. It requests the Government to indicate whether such minimum rates of wages are fixed in consultation with representatives of the employers and workers (Article 10, paragraph 2), and what measures have been taken to ensure the enforcement of such minimum rates (paragraphs 3 and 4).

3. Article 12. The Committee notes the Government's previous reference to sections 28, 31 and 32 of Act No. 38 of 1964, defining the "wages" and regulating the deduction from and assignment of wages for the repayment of debts, respectively. Noting that the maximum amounts of advances on wages are not fixed under this Act, the Committee requests the Government to supply information on any measures taken or contemplated to give effect to this provision of the Convention.

4. Part III. Provisions concerning migrant workers (Articles 6, 7 and 8). The Committee requests the Government to supply information on any measures taken or contemplated:

(a) to ensure such conditions of employment for migrant workers as shall take account of their normal family needs;

(b) to encourage the transfer of part of the wages and savings of workers from the area of labour utilisation to the area of labour supply.

In addition, the Committee requests the Government to indicate whether it has been found necessary to enter into agreements with any countries concerned for the purpose of regulating matters of common concern (protection and advantages for migrant workers not less than those enjoyed by workers resident in the area of labour utilisation; facilities for enabling migrant workers to transfer part of their wages and savings to their own countries).

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report on the following points. It also notes with interest that a technical advisory mission of the Office visited Kuwait in November 1994, to cover issues related to foreign labour, and that, in the response to concrete recommendations submitted by the said mission, the Government has accepted almost all of the recommendations and some measures have already been or are being implemented, including the form of Ministerial Orders.

Migrant workers

Articles 6, 7 and 8, of the Convention. As to the application of Article 6, the Government states in the report that, although individual workers' wages differ, the wages of migrant workers enable them to live decently thanks to various measures taken by the Government, such as subsidized basic commodities and free health services, and also that there is no restrictions on the immigration of workers' family members. Regarding Article 7, the Government indicates that there is no restriction on remittance of workers' savings to their home countries. The Committee notes this information and hopes that the Government will continue to supply information on the application in practice of these Articles, including measures taken in accordance with the recommendations of the ILO mission mentioned above. Please also supply a copy of any agreements entered into with foreign countries for the purpose of regulating matters of migrant workers (Article 8).

Remuneration of workers

The Committee notes the Government's indications in the report of measures taken to ensure the regular and timely payment of wages to workers (Article 11), namely: Ministerial Order No. 108 of 29 June 1994 had extended the system of a bank guarantee, i.e. requiring the employer to deposit a financial guarantee to cover in case of non-payment or late payment of wages, to non-governmental activities, particularly those which the Ministry may deem appropriate, which is in line with the recommendation of the technical advisory mission of the Office; and Ministerial Order No. 110 of 7 January 1995 was issued to require the transfer of wages to a Kuwaiti bank on the prescribed date of payment. The latter Ministerial Order also corresponds to one of the recommendations of the above mission, which considered that payment of wages through bank accounts would make it easier to detect cases of default such as non-payment or delayed payment, in particular to foreign workers, and would also make it easier to find out whether the worker is working with the original sponsor or with someone else without necessary authorization. The Committee requests the Government to supply copies of these Ministerial Orders as well as information on their application in practice, with particular reference to migrant workers.

The Committee also notes that the Government considers that the high wage level in Kuwait attracts migrant workers. However, in the absence of response to its previous comments on minimum wages, the Committee again asks the Government to indicate whether minimum rates of wages are fixed in consultation with representatives of the employers and workers (Article 10, paragraph 2), and what measures have been taken to ensure the enforcement of such minimum rates (paragraphs 3 and 4).

The Committee is also addressing a direct request to the Government on certain other points.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government in its report and the general discussion concerning Kuwait that took place in the Conference Committee in 1991.

1. It recalls that Act No. 38 of 1964 concerning Labour in the Private Sector, which gives effect, among others, to Article 11 of the Convention, excludes certain categories of workers from its scope (section 2 of the Act), and that the Committee expressed the hope in its direct request of 1987 for adoption of the draft to revise the Act. The Committee notes the indication given by the Government representative in the Conference Committee that the events that took place made it impossible to progress in the field of labour legislation which the Government had been preparing. It requests the Government to supply information on any measures taken or envisaged so as to extend the protection of wages contemplated in this Article of the Convention to the workers excluded from the scope of the above Act, including copies of legislation applicable to specified categories of workers such as those in the civil service or in the public sector. It would also appreciate a copy of Act No. 28 of 1969 concerning Labour in the Oil Industry to which the Government refers in the report.

2. The Committee notes the Government's indication in connection with Article 10 that the minimum wages are fixed by the competent authority after agreement with the governments of different States. It requests the Government to indicate whether such minimum rates of wages are fixed in consultation with representatives of the employers and workers (Article 10, paragraph 2), and what measures have been taken to ensure the enforcement of such minimum rates (paragraphs 3 and 4).

3. Article 12. The Committee notes the Government's reference to sections 28, 31 and 32 of Act No. 38 of 1964, defining the "wages" and regulating the deduction from and assignment of wages for the repayment of debts, respectively. Noting that the maximum amounts of advances on wages are not fixed under this Act, the Committee requests the Government to supply information on any measures taken or contemplated to give effect to this provision of the Convention.

4. Part III. Provisions concerning Migrant Workers (Articles 6, 7 and 8). The Committee requests the Government to supply information on any measures taken or contemplated:

(a) to ensure such conditions of employment for migrant workers as shall take account of their normal family needs;

(b) to encourage the transfer of part of the wages and savings of workers from the area of labour utilisation to the area of labour supply.

In addition, the Committee requests the Government to indicate whether it has been found necessary to enter into agreements with any countries concerned for the purpose of regulating matters of common concern (protection and advantages for migrant workers not less than those enjoyed by workers resident in the area of labour utilisation; facilities for enabling migrant workers to transfer part of their wages and savings to their own countries).

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Article 11 of the Convention. The Committee notes from the Government's report that the draft to revise the Labour Act (Private Sector) takes into account the Committee's previous comments. The Committee expresses the hope that the necessary legislation will soon be adopted so as to extend the application of this Article to temporary workers and workers in small undertakings.