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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 2(1) of the Convention. Scope of application. Children working on their own account or in the informal economy. In its previous comments, the Committee observed that section 2 of the Labour Code read in conjunction with section 27 implies that the provisions of the Labour Code, including the minimum age provision, apply only to labour relations between workers and employers in the private sector. Therefore, children working without any employment contract, such as self-employed children, did not benefit from the prohibition on child labour (of children below 15 years) as laid down under section 19 of the Labour Code.

The Committee notes the Government’s statement in its report that there is no child labour in Kuwait. It further states that the Labour Inspection Department monitors any violations with regard to child labour and takes the necessary measures against persons found in violation in accordance with the law in force. According to the available statistics, one infringement concerning the employment of a young person was detected by the labour inspectors. The employer was notified of the infringement and it was remedied.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3(2) of the Convention. Determination of hazardous work. In its previous comments, the Committee noted 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. It had requested the Government to provide information on the progress made by the Minister of Labour in elaborating such a resolution, after consultation with the organizations of employers and workers concerned.

The Committee notes with satisfaction that section 5 of Ministerial Order No. 196/a/2010 contains a list of about 25 types of hazardous work prohibited for children under the age of 18 years. This list includes: exposure to dangerous chemicals such as pesticides, cement and asbestos; work in quarries, drainage and sewage; manufacturing and handling explosives and fireworks; work with dangerous machines; drilling; extracting and refining oil and petrol; carrying, pushing or pulling heavy objects; work at high heights; work with lead, arsenic and benzene; work near furnaces; slaughtering of animals; and work with products listed as causing diseases. The Committee requests the Government to provide information on the application in practice of section 5 of Ministerial Order No. 196 of 2010, including statistics on the number and nature of violations reported and penalties imposed by virtue of section 20(a) of the Labour Code of 2010.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2(1) of the Convention. Scope of application. Children working on their own account or in the informal economy. The Committee had previously noted that, according to section 2 of the Labour Code of 2010, the provisions of the Labour Code apply to all workers in the private sector. It had also 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 increased significantly in Kuwait (CRC/C/SR.1301, paragraph 9). The Committee had therefore urged 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.

The Committee notes the Government’s statement that there are no street children in Kuwait. It notes that according to section 27 of the Labour Code of 2010, anyone who has completed 15 years of age shall be eligible to conclude a work contract. The Committee observes that section 2 of the Labour Code read in conjunction with section 27 implies that the provisions of the Labour Code, including the minimum age provision, apply only to labour relations between workers and employers in the private sector. Therefore, children working without any employment contract, such as self-employed children, do not benefit from the prohibition on child labour (of children below 15 years) as laid down under section 19 of the Labour Code. Recalling that the Convention applies to all sectors of economic activity and covers all forms of employment or work, the Committee requests the Government to take the necessary measures to ensure that children working on a self-employed basis or in the informal economy enjoy the protection of the Convention. In this regard, the Committee encourages the Government to expand the reach of the labour inspectorate to better monitor children carrying out economic activities on their own account or on an unpaid basis. It requests the Government to provide information on the measures taken in this regard.

Article 3(2). Determination of hazardous work. The Committee had previously noted 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. It had requested 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.

The Committee notes the Government’s indication that section 5 of Ministerial Order No. 196/a/2010 provides for a list of hazardous industries and occupations in which the employment of children under 18 years of age is prohibited. It notes that while the Government’s report indicates that it has attached a copy of Order No. 196, no such attachment has been sent by the Government. The Committee therefore requests the Government to provide a copy of Ministerial Order No. 196/a/2010 containing the list of types of hazardous work prohibited to children under 18 years of age, along with its next report.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that no violations relating to the employment of children, nationals as well as foreigners have been detected by the labour inspectors during inspection. It further notes the Government’s indication that the nature of work in different sectors in the country requires recruitment of workers from abroad. However, no entry visas are issued for persons under the age of 18 years.

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

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.

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

Article 2, paragraph 1, of the Convention. Scope of application. 
(a) Seasonal workers. 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 the Government’s statement that the draft project of the Labour Law is before the legislative authority (Majlis al-Ummah). The Committee notes the Government’s indication that the draft project of the Labour Law was discussed in its entirety during the Majlis al‑Ummah’s first session and that it will soon be promulgated. The Committee requests the Government to provide a copy of the Labour Law, once it is adopted.

(b) Domestic workers. The Committee previously noted that Act No. 38 of 1964 excluded domestic workers from its scope of application, and requested the Government to provide a copy of Order No. 640 of 1978 taken by the Minister of the Interior (attached to the regulations putting into effect the Foreigners’ Residence Act), in addition to a copy of the model contract for the employment of domestic workers. The Committee notes that these documents were submitted with the Government’s report. The Committee also notes with interest that pursuant to section 5(3) of Order No. 640 of 1978, the minimum age for domestic workers is 20 years of age.

(c) Self-employment and street children. The Committee previously 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. It also requested the Government to provide information on the situation of street children, in particular with regard to their age, number and the types of work they undertake. The Committee notes the Government’s statement that there are no street children in Kuwait. Nonetheless, the Committee notes that, according to the information in the summary record for the 1,301st meeting of the Committee of the Rights of the Child (CRC) on 24 January 2008, a member of the CRC noted that the numbers of street children and refugee children had recently increased significantly in Kuwait (CRC/C/SR.1301 paragraph 9).

The Committee 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 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.

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 is 14 years, although the minimum age specified by the Government at the time of ratifying the Convention is 15 years. The Committee 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 requests the Government to take the necessary measures to ensure that the draft Labour Law is adopted in the near future.

Article 9, paragraph 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 and 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. Noting an absence of information on this point in the Government’s report, the Committee once again requests to the Government to provide a copy of the model register used by employers.

Part V of the report form. Application of the Convention in practice. The Committee previously requested the Government to provide the Office with a copy of the statistical compilation for employees in the private sector of 2006. The Committee notes the copies of statistics on labour inspections submitted with the Government’s report, including the statistical compilation of 2006. The Committee notes that in 2006, the labour inspectorate recorded one violation (in the commercial, restaurant and hotel sector) of section 19 of Act No. 38 of 1964, which sets forth the terms under which persons between the ages of 14 and 18 may be employed. The Committee requests the Government to continue to provide information on the practical application of the Convention, including, for example, statistical data on the employment of children and young persons, as well as extracts from the reports of inspection services and information of the number and nature of contraventions reported.

The Committee also once again requests the Government to keep it informed of progress made in enacting the draft Labour Law. In this regard, it hopes that due consideration will be given to all the comments made by the Office on the draft Labour Law.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 2, paragraph 1, of the Convention. 1. Scope of application. Seasonal workers. In its previous comments, the Committee had noted that a draft Labour Law amending Act No. 38 of 1964 on labour in the private sector was being discussed by the national authorities. The Committee notes the Government’s indication, in its report, that it shall send a copy of the draft Labour Law to the Office as soon as it is adopted. Considering, however, that the Government has been referring to the enactment of the draft Labour Law for a number of years, the Committee expresses the firm hope that the Government will take the necessary measures to ensure that it is adopted in the very near future.

(b) Domestic workers. Following it previous comments, the Committee notes the Government’s information that the minimum age for domestic work is 20 years, according to section 5(3) of Order No. 640 of 1978 taken by the Minister of Interior, which is attached to the regulations putting into effect the Foreigners’ Residence Act. It also notes the Government’s indication that it will provide a copy of the rules governing the relationship between domestic workers and their employers which shall be issued by decision of the competent minister once the draft Labour Code is adopted. The Committee observes that, although the Government indicates in its report that a copy of the model contract published by the Ministry of Interior for the employment of domestic workers is annexed, no such document has been provided to the Office. The Committee requests the Government to provide a copy of Order No. 640 of 1978 with its next report. It also asks the Government to provide a copy of the model contract for the employment of domestic workers.

(c) Self-employment. Following its previous comments, the Committee notes the Government’s indication that it shall provide the Office with information on cases of self-employment and on the situation of street children as soon as it is available. Recalling that Convention No. 138 requires the fixing of a minimum age for all types of work outside an employment relationship such as self-employment, the Committee trusts the Government will supply information on the situation of self-employed children in its next report, and particularly street children, especially with regard to their age as well as the types of work they undertake.

2. Minimum age for admission to employment or work. The Committee had previously noted that under the terms of section 18 of Act No. 38 of 1964, the minimum age for admission to employment or work is 14 years, although the minimum age specified by the Government at the time of ratifying the Convention is 15 years. The Committee had 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 trusts that the draft Labour Law will be adopted as soon as possible and once again requests the Government to inform it of any developments in this regard.

Article 2, paragraph 3. Age of completion of compulsory schooling. Following its previous comments, the Committee notes the Government’s information that the age of completion of compulsory schooling has been raised to 15 years. It also notes that the Government adopted the education model from a previous 4+4+4 to a new 5+4+3 model for the 2005–06 school year resulting in the fact that compulsory education is extended from eight to nine years.

Article 9, paragraph 1. Sanctions. In its previous comments, the Committee had noted that the fines imposed on employers violating the provisions of Act No. 38 of 1964 were low and had invited the Government to take measures to revise and increase those penalties according to Article 9, paragraph 1, of the Convention. The Committee notes the Government’s information that the draft Labour Law includes harsher sanctions than the ones applied in the current Labour Code. It notes the Government’s indication that it will provide the Office with a copy of the new Labour Law as soon as it is adopted by the Majlis El-Ummah (legislative authority).

Article 9, paragraph 3. Registers of employment. Following its previous comments, the Committee notes that the Government indicates that a copy of the model register used by employers has been attached to its report. However, the Committee observes that no such document was effectively attached to the Government’s report. Accordingly, it reiterates its request to the Government to provide a copy of the model register used by employers.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes that the statistical compilation for employees in the private sector of 2006 that the Government claims to have attached to its report is not, in fact, attached. Therefore, it requests the Government to provide the Office with a copy of this statistical compilation including statistical data on the employment of children and young persons, as well as extracts from the reports of inspection services and information on the number and nature of contraventions reported.

The Committee also once again requests the Government to keep it informed of progress made in enacting the draft Labour Law. In this regard, it hopes that due consideration will be given to all the comments made by the Office on the draft Labour Law.

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

Article 2, paragraph 1. 1. Scope of application. A. Seasonal workers. In its previous comments the Committee had noted that that a draft Labour Law, amending Act No. 38 of 1964 on labour in the private sector, was being discussed by the national authorities. The Committee notes the Government’s statement that the draft Labour Law in the private sector does not contain provisions excluding seasonal workers from the scope of application. The Committee requests the Government to provide a copy of the draft Labour Law, as soon as it has been adopted.

B. Domestic workers. Following its previous comments, the Committee notes the Government’s information that, with respect to domestic workers, they are a special category as to their relationship with their employer. According to the Government, in view of the intimate nature of the relationship, it becomes very difficult to apply the Labour Law to this category. The Committee notes the Government’s statement that it will nevertheless endeavour to deploy all its efforts to achieve this goal. With this purpose, the Ministry of Interior published a model contract for the employment of domestic workers and similar categories. This text specifies workers’ rights and regulates the relationship between the domestic worker and his/her employer and the employment agency. The Committee also notes that section 5 of the draft Labour Law provides that domestic workers shall be excluded from the scope of application of this law. Furthermore, according to section 5, with regard to domestic workers, the competent minister shall issue a decision setting the rules that shall govern their relationship with the employers. The Committee reminds the Government that Article 2 of the Convention is applicable to domestic work, and that the minimum age for admission to this activity must not be under 15 years, except for activities considered to be light work. The Committee accordingly requests the Government to indicate which minimum age provisions are applicable to domestic workers. It also asks the Government to provide a copy of the rules to be issued by the Minister pursuant to section 5 of the new draft Labour Law as soon as it has been adopted. The Committee also asks the Government to supply a copy of the model contract for the employment of domestic workers with its next report.

C. Self-employment. The Committee had previously noted that section 1(1) of Law No. 38 of 1964 defines a labourer as every male or female worker and employee, performing any manual or mental work, in consideration of a wage, under the supervision of an employer. It had also noted that, notwithstanding the Government’s statement that child labour does not exist, the Committee on the Rights of the Child expressed its concern (CRC/C/15/Add.88 of 1998, paragraph 25) at the recent increase of children living and/or working on the street. Recalling that Convention No. 138 requires the fixing of a minimum age for all types of work outside an employment relationship, such as self-employment, the Committee had asked the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment. The Committee notes the Government’s statement that the phenomenon of street children does not exist and there is no available information thereon. The Committee requests the Government to supply any information on the situation of street children, in particular with regard to their age, number and types of work they undertake, as soon as this information becomes available.

D. Employment of non-Kuwaiti children. The Committee had previously noted that the Committee on the Rights of the Child in 1998 (CRC/C/Add.88, paragraph 18) expressed its concern at the situation of non-Kuwaiti children in the country, and recommended that the State take suitable measures to protect the rights of stateless Bedouin and migrant children who do not have Kuwaiti citizenship. The Committee had noted the Government’s statement that it would implement the provisions of the Convention in its territory and on any means of transport registered in its territory, with regard to the minimum age for admission to employment or work of any person. It had asked the Government to take concrete measure to ensure that non-Kuwaiti children living in its territory benefit from the protection laid down in the Convention. The Committee notes the Government’s statement that the provisions of the Convention and the Labour Code with respect to child labour apply to all children who are in the country.

2. Minimum age for admission to employment or work. The Committee had previously noted that, under the terms of section 18 of Act No. 38 of 1964, the minimum age for admission to employment or work is 14 years, although the minimum age specified by the Government at the time of ratifying the Convention is 15 years. The Committee had requested the Government to take the necessary measures to fix 15 years as the minimum age for admission to employment in conformity with the minimum age specified at the time of ratification. The Committee notes 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 in to conformity with the Convention. The Committee trusts that the draft Labour Law will be adopted shortly and requests the Government to inform it of any developments in this regard.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that article 40 of the Kuwaiti Constitution provides for free and compulsory education at the primary stage for all Kuwaitis. The Committee had also noted that, according to the initial report submitted by the Government to the Committee on the Rights of the Child in 1996 (CRC/C/8/Add.35, paragraphs 163-171), Legislative Decree No. 4 of 1987 provides for compulsory education for Kuwaitis aged 6 to 14 years. The Committee had requested the Government to indicate the exact age of completion of compulsory schooling. No information is contained in the Government’s report in this regard.

The Committee observes that, in early 2004, the Kuwaiti Ministry of Education asked the International Bureau of Education (IBE)-UNESCO to provide technical assistance to the education authorities of Kuwait in the framework of a comprehensive project to reform the education system. It notes that this project provides for the change of the education model from a previous 4+4+4 to a new 5+4+3 model. In this way, the compulsory education will be extended from 8 to 9 years.

The Committee is of the view that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum Age, General Survey of the Reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee requests the Government to provide information on any developments of the plan of the Ministry of Education in collaboration with IBE-UNESCO to extend the age of completion of compulsory schooling to 15 years.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that section 1 of Order No. 18 of 1973, lists the industries in which the employment of minors is prohibited. Noting that the list of hazardous work was established in 1973, the Committee had encouraged the Government to review the list of types of hazardous work. The Committee notes the Government’s statement that it reviews, on a constant basis, the list of hazardous work. The Committee further notes the Government’s reference to: (1) Ministerial Order No. 148 of 2004; (2) Ministerial Order No. 149 of 2004, on identifying the industries which prohibit the employment of children therein; and (3) Ministerial Order No. 152 of 2004, all of which are supplied by the Government with its report. In particular, the Committee notes that, according to Ministerial Decree No. 148 of 2004, juveniles of both sexes between 14 and 18 years shall not be employed without an authorization from the Ministry for Social Affairs and Labour. It also notes that Ministerial Order No. 149 of 2004, which abrogates Order No. 18 of 1973, provides for a comprehensive list of types of hazardous work, which are prohibited for juveniles of both sexes. The Committee further notes that, according to Ministerial Decree No. 152 of 2004, children of both sexes aged less than 18 may not be employed in the following activities: (a) economic or industrial activities, if these are harmful to their health, physical or mental safety, except for vocational training purposes and according to the terms and standards for training set out in section 20 of Act No. 38 of 1964; (b) as camel jockeys, or similar activities organized by the Kuwait Racing Club for camel races or any other body. The Committee takes note of this information.

Article 9, paragraph 1. Sanctions. Noting the low fines imposed on employers violating the provisions of Act No. 38 of 1964, the Committee had recalled that, under Article 9, paragraph 1, of the Convention, the competent authority shall provide for appropriate penalties. The Committee notes the Government’s statement that the sanctions applied are those which are specified in the Labour Code, which is valid. The Committee once again invites the Government to provide information on the measures taken or envisaged to revise and increase the penalties provided for under section 97 of Act No. 38 of 1964 in cases of failure to apply the provisions of the Act.

Article 9, paragraph 3. Registers of employment. The Committee had previously asked the Government to provide a copy of a model register used by employers. It notes that no copy of this model was sent to the Office. However, the Committee notes that, according to section 3 of Ministerial Decree No. 148 of 2004, regulating the employment of young persons between 14 and 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.

Part V of the report form. The Committee notes the Government’s statement that it shall provide the remainder of data and information once they are made available. The Committee once again requests the Government to provide information on the practical application of the Convention, including, for example, statistical data on the employment of children and young persons, including non-Kuwaiti citizens, as well as extracts from the reports of inspection services and information of the number and nature of contraventions reported.

The Committee once again requests the Government to keep it informed of progress made in enacting the draft Labour Law. In this regard, it hopes that due consideration will be given to the comments made by the Office in 2004 on the draft Labour Law.

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

The Committee takes note of the Government’s reports, and requests the Government to supply further information on the following points.

Article 1 of the Convention. The Government indicates, in its report, that a Committee was set by virtue of Ministerial Decree No. 184 of 1999 to consider ILO standards and Conventions. The Committee requests the Government to provide information on the role and functions of this Committee and to supply a copy of the Ministerial Decree.

Article 2, paragraph 1.  Scope of application. 1. Domestic servants and seasonal workers. The Committee had noted that section 2(d) and (e) of the Act No. 38 of 1964, excludes from its scope workers employed for temporary work of no more than six months’ duration, as well as domestic workers and other workers in a similar situation. In addition, the Committee had noted that a draft Labour Law, amending Act No. 38 of 1964 on Labour in the Private Sector, was being discussed by the national authorities. The Committee had also noted that the new Labour Law should apply to private sector, government and oil-sector workers. The Committee takes note of the Government’s indication that section 2(d) and (e) of the Act No. 38 of 1964 will be amended so as to read, "provisions of this Law shall exclude from its scope domestic workers and other workers to whom other laws apply, as specified in such laws". The Committee recalls that, by virtue of Article 2, paragraph 1, the Convention applies to all sectors of activities and kinds of employment as Kuwait had not availed itself at the time of ratification of any of the flexibility clauses contained in Articles 4 and 5 of the Convention. The Committee hopes that the Government will soon adopt the amendments to section 2(d) and (e) of Act No. 38 of 1964, and all necessary measures so as to ensure that seasonal employees as well as domestic servants and the like, benefit from the protection laid down in the Convention.

2. Self-employment. The Committee notes that section 1(1) of Law No. 38 of 1964 defines a labourer as every male or female worker and employee, performing any manual or mental work, in consideration of a wage, under the supervision of an employer. The Committee notes that the Government once again states, in its report, that the phenomenon of child labour does not exist and that the State is required by the Constitution to protect the rights and welfare of young people. However in its previous comments, the Committee had noted that the Committee on the Rights of the Child, in 1998, expressed its concern at the recent increase in the number of children living and/or working on the street. Recalling that Convention No. 138 requires the fixing of a minimum age for all types of work or employment and not only for work under an employment contract, the Committee asks the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment. The Committee also requests the Government to provide information on the situation of street children, in particular with regard to their age, number and the types of work they undertake.

3. Employment of non-Kuwaiti children. The Committee had noted that the Committee on the Rights of the Child, in 1998, expressed its concern at the situation of non-Kuwaiti children in the country, and recommended that the State take suitable measures to protect the rights of stateless Bedouin and migrant children who do not have Kuwaiti citizenship. The Committee notes the Government’s statement, in its report, that it will take into account the recommendations of the Committee on the adoption of suitable measures to protect the rights of stateless Bedouin and migrant workers who do not have Kuwaiti citizenship. The Government also indicates, in its report, that it will implement the provisions of the Convention in its territory and in any means of transport registered in its territory, with regard to the minimum age for admission to employment or work of any person. The Committee asks the Government to rapidly take concrete measures to ensure that non-Kuwaiti children living in its territory benefit from the protection laid down in the Convention.

 Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee had noted that under the terms of section 18 of Act No. 38 of 1964, the minimum age for admission to employment or work is 14 years, although the minimum age indicated by the Government in the declaration attached to its ratification statement is 15 years. The Committee accordingly reminds the Government that by virtue of Article 2, paragraph 3, of the Convention, the minimum age for admission to employment or work shall conform to the minimum age specified at the time of ratification. The Committee urges the Government to take the necessary measures to fix 15 years as the minimum age for admission to employment in conformity with the minimum age specified at the time of ratification.

 Article 2, paragraph 3. Compulsory education. The Committee notes that article 40 of the Constitution provides for free and compulsory education at the primary stage for all Kuwaitis. The Committee also notes that according to the information given by the Government to the Committee on the Rights of the Child, in 1998, Legislative Decree No. 4 of 1987 concerning public education provides for compulsory education for Kuwaitis aged 6 to 14 years. It observes that section 2 of Law No. 11 of 1965 on compulsory education establishes that compulsory schooling starts at 6 years of age and shall last until the age specified in an administrative regulation. The Committee asks the Government to provide a copy of the administrative regulation that fixes the age of completion of compulsory schooling pursuant to section 2 of Law No. 11 of 1965 on compulsory education. It also requests the Government to indicate, in its next report, the exact age of completion of compulsory schooling.

Article 3, paragraph 2. 1. Determination of hazardous work. The Committee had noted the provisions of section 19 of Act No. 38 of 1964, which allow work by persons aged between 14 and 18 years under certain specific conditions, including the condition that they are employed only in enterprises and businesses where conditions are not hazardous or unhealthy. The Committee had noted that section 1 of Order No. 18 of 1973 lists the industries in which the employment of minors is prohibited. It had also noted that section 1(p) of Order No. 18 of 1973 states that children may not be employed for work involving the handling or use of lead, petrol, arsenic, phosphor or any substance listed in the table of occupational diseases established by Ministerial Order No. 17 issued on 21 August 1973. The Committee had further noted that section 28 of Ministerial Order No. 43 of 1979 (on the conditions to be fulfilled in workplaces in order to protect workers, machinery, enterprises, substances used to counter occupational hazards, health hazards and occupational diseases) covers the types of work and operations that can cause the diseases mentioned in Order No. 17 of 1973 concerning occupational diseases, as well as the enterprises in which it is prohibited to employ adolescents as determined by Ministerial Order No. 18 of 1973. The Committee notes that the list given in Order No. 18 was established in 1973. It therefore draws the Government’s attention to the provisions of Paragraph 10(2) of Recommendation No. 146, according to which the Government should regularly re-examine and revise the list of types of work to which Article 3 of the Convention applies, where necessary, in the light of scientific and technical developments. The Committee accordingly encourages the Government to review the list of hazardous work. The Committee once again asks the Government to supply a copy of Order No. 17 of 1973 on occupational diseases.

2. Consultation with the employers’ and workers’ organizations. In its previous comments, the Committee had requested the Government to supply information on consultations held with employers’ and workers’ organizations for the purpose of determining, either by the competent authority or by legislation, the types of employment or work which, by their nature or the conditions in which they are carried out, may compromise the health, safety or morals of adolescents. The Committee notes the Government’s statement, in its report, that consultations with the Kuwait Chamber of Industry and Commerce and the Kuwait Trade Union Federation were held for the purpose of determining the types of employment or work that may compromise the health, safety or morals of young persons.

Article 6. Vocational training. The Committee noted that according to section 20 of Act No. 38 of 1964, the Minister of Labour and Social Affairs may authorize work by young people undergoing apprenticeships on condition that the young persons concerned are at least 14 years of age, that they are certified to be medically fit for the work involved, and that all the procedures and conditions set out in an apprenticeship agreement are adhered to. The Committee notes the Government’s statement in its report, that no information is available on this point since there are no children engaged in vocational training. However, the Government indicates that it will provide information on the conditions set out for vocational training in its next report. The Committee recalls that by virtue of Article 6 of the Convention, the Convention does not apply to work done by children and young persons of at least 14 years of age in undertakings where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation. The Committee once again requests the Government to provide information on the conditions of work of children undergoing apprenticeships.

Article 9, paragraph 1. Sanctions. The Committee noted that section 97 of Act No. 38 of 1964, provides for a system of progressive sanctions in case of infringements of the provisions of the Act. The offender shall first be warned to stop the infraction. In case of non-compliance he/she is liable to a fine of 3 dinars for every worker employed on terms that contravene the provisions, and, should the violation(s) continue, the fine shall be increased to 5 dinars. The Committee’s understanding of this, in the light of the information contained in the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), is that the amounts of the fines established when the Act was passed in 1964 have been revised, given that the report refers to fines of 100 and 200 dinars respectively for every worker employed on terms that contravene the provisions. Noting the low fine imposed on employers violating the provisions of Act No. 38 of 1964, the Committee recalls that under Article 9, paragraph 1, of the Convention, the competent authority shall provide for appropriate penalties. The Committee invites once again the Government to provide information on the revision of penalties provided under section 97 of Act No. 38 of 1964 in cases of failure to apply the provisions of the Act. It also requests the Government to transmit copies of the relevant texts.

Article 9, paragraph 3  Registers of employment. The Committee noted that under the terms of section 47 of Act No. 38 of 1964, the employer is required to maintain a permanent register of employees. The Committee reminds the Government that the register must, according to this provision of the Convention, indicate the age or date of birth, duly certified wherever possible, of any employee below the age of 18 years. The Committee notes the Government’s statement, in its report, that the worker’s date of birth shall be certified and employers shall indicate such information in their records. The Committee again requests the Government to provide a copy of a model register used by employers.

Part V of the report form. The Committee notes that according to the statistics provided by the Government in its report, 92 per cent of children aged 6 to 17 years were enrolled in school in 1997, and that this rate was 89.5 per cent in 2000. The Committee asks the Government to give further information on the measures envisaged to ensure that the legislation on child labour is applied. The Committee would also be grateful if the Government would provide information on the practical application of the Convention, including for example statistical data on the employment of children and young persons, including non-Kuwaiti citizens, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress made in enacting or amending legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

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

The Committee notes the information communicated by the Government in its first report.

Article 2, paragraph 1 of the Convention. The Committee notes that under the terms of section 18 of Act No. 38 of 1964, the minimum age for admission to employment or work is 14 years, although the minimum age indicated by the Government in the declaration attached to its ratification statement is 15 years. The Committee requests the Government to take the necessary measures to fix 15 years as the minimum age for admission to employment. The Committee notes that the Committee on the Rights of the Child, in its concluding observations (in CRC/C/15/Add.96, paragraph 17), expresses concern at the situation of non-Kuwaiti children in the country, and recommends that the State take suitable measures to protect the rights of Bedouin and migrant children who do not have Kuwaiti citizenship. The Committee accordingly reminds the Government that the provisions of the Convention must be implemented in its territory and in any means of transport registered in its territory, with regard to the minimum age for admission to employment or work of any person.

The Committee notes that Act No. 38 of 1964, in section 2(d) and (e), excludes from its scope workers employed for temporary work of no more than six months’ duration, as well as domestic workers and other workers in a similar situation. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the minimum age provisions of the Convention are applied to persons excluded from the coverage of the Act. In addition, the Committee notes that a draft Labour Code, to replace current Act No. 38 of 1964 issuing the Labour Code applicable to the non-government sector, is being discussed by the national authorities. In its observation regarding the application by Kuwait of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee had noted the Government’s information according to which the proposed new law would "take account of domestic workers". The Committee also notes that the new Labour Code is intended to apply to private sector, government and oil-sector workers. The Committee requests the Government to indicate in its next report any progress made in this regard and to communicate a copy of the new Labour Code once it has been adopted.

In addition, the Committee notes that according to the Government’s report, the phenomenon of child labour does not exist and that the State is required by the Constitution to protect the rights and welfare of young people. The Committee notes, however, that in its concluding observations, the Committee on the Rights of the Child expresses concern at the recent increase in the number of children living and/or working on the street (CRC/C/15/Add.96, paragraph 25). The Committee requests the Government to provide information on this situation, in particular with regard to the age of the children and the types of work they are doing. The Committee also requests the Government to indicate the measures taken or envisaged with a view to guaranteeing all children the protection provided by the country’s Constitution and the Convention.

Article 3, paragraphs 1 and 2. The Committee notes the provisions of section 19 of Act No. 38 of 1964, which allows work by persons aged between 14 and 18 years only under certain specific conditions, including the condition that they are employed only in enterprises and businesses where conditions are not hazardous or unhealthy. The Committee notes the provisions of Order No. 18 of 1973 relating to safety and health, which specifies the industries in which the employment of minors is prohibited. The Committee notes that the 16th category of work in which children may not be employed relates to work involving the handling or use of any substance listed in the table of occupational diseases established by Ministerial Order No. 17. The Committee notes further the provisions of section 28 of Ministerial Order No. 43 of 1979 concerning conditions that must be adhered to in regions and workplaces in order to protect workers, machinery, enterprises, substances used to counter occupational hazards, and health hazards and occupational diseases; the provision in question covers the types of work and operations that can cause the diseases mentioned in Order No. 17 of 1973 concerning occupational diseases, as well as the enterprises in which it is prohibited to employ adolescents as determined by Ministerial Order No. 18 of 1973. The Committee therefore requests the Government to supply a copy of Order No. 17 respecting occupational diseases. The Committee notes that the list given in Order No. 18 was established in 1973, and draws the Government’s attention to the provisions of Paragraph 10(2) of Recommendation No. 146, according to which the Government should regularly re-examine and revise the list of types of work to which Article 3 of the Convention applies, where necessary, in the light of scientific and technical developments. The Committee lastly requests the Government to supply information on consultations with employers’ and workers’ organizations for the purpose of determining, either by the competent authority or by legislation, the types of employment or work which, by their nature or the conditions in which they are carried out, may compromise the health, safety or morals of adolescents.

Article 6. The Committee notes the provisions of section 20 of Act No. 38 of 1964, under the terms of which the Minister of Labour and Social Affairs may authorize work by young people undergoing apprenticeships on condition that the young persons concerned are at least 14 years of age, that they are certified to be medically fit for the work involved, and that all the procedures and conditions set out in an apprenticeship agreement are adhered to. The Committee requests the Government to provide some further information on the conditions of work of children undergoing apprenticeships and on the consultations that have taken place on this subject with the employers’ and workers’ organizations concerned.

Article 9, paragraph 1. The Committee notes the progressive penalties established under section 97 of Act No. 38 of 1964, which introduces a system of progressive sanctions, starting with a warning to the guilty party to stop the infraction, rising to a fine of 3 dinars for every employee, and, should the violation(s) continue, culminating in a fine of 5 dinars for every worker employed on terms that contravene the provisions. The Committee’s understanding of this, in the light of the information contained in the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), is that the amounts of the fines established when the Act was passed in 1964 have been revised, given that the report refers to fines of 100 and 200 dinars respectively for every worker employed on terms that contravene the provisions. The Committee invites the Government to provide information on the revision of penalties provided under section 97 of Act No. 38 of 1964 in cases of failure to apply the provision of the Act, and copies of the relevant texts.

Article 9, paragraph 3. The Committee notes that under the terms of section 47 of Act No. 38 of 1964, the employer is required to maintain a permanent register of employees. The Committee reminds the Government that the register must, according to this provision of the Convention, indicate the age or date of birth, duly certified wherever possible, of any employee below the age of 18 years. The Committee requests the Government to indicate whether the worker’s age or date of birth, duly certified, is entered in the registers maintained by employers, and requests the Government to provide a copy of a model register used by employers.