Texts of pending comments

Articles 2 and 3 of the Convention. Restrictions to the right to join unions and draw up union constitutions and rules. In its previous comments, the Committee had noted that Ministerial Order No. 1 of 30 September 1964 includes a model regulation to guide the formulation of union rules that contains union membership conditions incompatible with the Convention and had requested the Government to amend the Order to bring it into conformity with the Convention. The Committee notes that the Government reiterates its previous indications concerning the non-binding character of the model rules. The Committee is therefore bound to once again recall that regardless of their non-binding nature, model rules intended to serve as guidelines to trade unions should not include provisions that are incompatible with the requirements of the Convention. The Committee therefore urges the Government to amend model rules of Ministerial Order No. 1 of 1964 to ensure their full conformity with the Convention.

Application of the Convention in practice. The Committee recalls that after receiving observations from International Trade Union Confederation (ITUC) in 2011, alleging that public authorities had taken action to ban strikes and threaten workers participating in them in oil and public sectors, it had requested the Government to establish a legal framework recognising the right to strike. The Committee notes that the Government reiterates its previous indications concerning the nonexistence of a legal prohibition of strikes or of rules imposing penalties on peaceful strikers, and that it takes into consideration the Committee’s proposal in consultation with the social partners. In order to safeguard the legal certainty of workers who decide to have recourse to strike action, the Committee once again encourages the Government to establish, in consultation with the social partners, a legal framework recognizing the exercise of the right to strike; the Committee recalls that the Government may avail itself of the technical assistance of the ILO and requests it to provide information as to any development in this regard. In the meantime, the Committee requests the Government to ensure that those participating in legitimate peaceful strikes cannot be subject to sanctions, threats or other retaliation, as well as to provide information on the exercise of this right in practice, including the number and nature of strikes called, their sector of activity (in particular if concerning the oil sector or public sector workers not exercising authority in the name of the State), and any administrative or judicial investigations or procedures initiated or conducted in relation to strikes.

Article 2 of the Convention. Migrant workers. In its previous comments, the Committee had requested the Government to recognize the right of migrant workers to establish and join organizations of their own choosing. The Committee notes that the Government indicates that the Labour Law No. 6 of 2010 does not prohibit migrant workers from establishing or joining organizations, and that the conditions set for admission of migrant members to trade unions in Ministerial Order No. 1 of 1964, namely holding a work permit and having resided in the country for at least five years, are not discriminatory but merely organizational. The Government further indicates that the work permit shows that the worker is lawfully residing in the country and specifies the type of occupation on the basis of which a request to join the union is made. The Committee recalls in this regard that it had already noted that section 99 of the Labour Law of 2010 limits to Kuwaiti workers the right to establish a trade union organization. It further recalls once again that the right of workers, without distinction whatsoever, to establish and join organizations of their own choosing implies that anyone residing in the territory of a State, whether or not they have a residence permit, benefits from the trade union rights provided for by the Convention, without any distinction based on nationality or the absence thereof. Therefore, the Committee urges the Government to: (i) amend section 99 of Labour Law of 2010 by removing the condition of Kuwaiti nationality for establishing a trade union organization; (ii) repeal the provisions of Ministerial Order No. 1 of 1964 requiring migrant workers to have a work permit and to have resided in the country for five years in order to join a trade union organization, and; (iii) remove any other legal or practical impediment to the free exercise of the right of migrant workers to establish or join organizations. The Committee further requests the Government to keep it informed of the measures taken in this regard.

Domestic workers. The Committee recalls that the rights of domestic workers under the Convention are not recognized in Kuwait, as on the one hand, pursuant to section 5 they are excluded from the scope of the Labour Law, including its provisions on freedom of association; and on the other hand Law No. 68 of 2015 on Employment of Domestic Workers does not contain any provisions recognizing the right of domestic workers to organize. The Committee notes with regret that despite its repeated requests in this regard, the Government has not taken any measure to recognize the rights of domestic workers under the Convention. It therefore once again urges the Government to take all the necessary measures, including through revising the legislation, to ensure the full recognition in law and in practice of the right of domestic workers to establish and join organizations. It requests the Government to indicate the measures taken or envisaged in this regard.

Article 3. Financial administration of organizations. In its previous comments, the Committee had requested the Government to amend section 104(2) of the Labour Law that prohibits trade unions from using their funds in financial, real estate and other forms of speculations. The Committee notes that the Government once again indicates that this provision regulates the activity of trade unions with the aim of protecting them from possible negative consequences of the indicated investments. In this regard, the Committee once again recalls that legislative provisions that restrict the freedom of trade unions to administer, utilize and invest their funds as they wish for normal and lawful trade union purposes, including through financial and real estate investments, are incompatible with Article 3 of the Convention, and that the control exercised by public authorities over trade union finances should not go beyond the requirement for the organization to submit periodic reports. It therefore once again urges the Government to review section 104(2) of the Labour Law in order to allow trade unions to freely administer and invest their funds in accordance with Article 3 of the Convention.

Overall prohibition on trade union political activities. Since 2006, when it first made comments on the drafts of what later became the 2010 Labour Law, the Committee has requested the Government to eliminate the total ban on political activities of trade unions that is enshrined in section 104(1) of this law. It notes with regret that the Government has not taken any measures in this regard and merely repeats its previous indications. The Committee recalls that the right of trade unions to organise their activities includes the rights to organize protest action, as well as certain political activities, such as expressing support for a political party considered more able to defend the interests of members (see 2012 General Survey on the fundamental Conventions, paragraph 115) Sweeping bans on trade union political activities give rise to serious difficulties with regard to the exercise of these rights and are therefore incompatible with the Convention. On these grounds, the Committee urges the Government to revise section 104(1) of the Labour Law to allow for legitimate political activities of trade unions and to keep it informed of the measures taken in this regard.

Compulsory arbitration. In its previous comments, the Committee had requested the Government to amend sections 131 and 132 of the Labour Law. Section 131 gives the Ministry of Labour the power to intervene in a labour dispute without the request of any of the parties and eventually to submit the dispute to conciliation or arbitration. Section 132 prohibits strikes during conciliation or arbitration proceedings initiated because of the intervention of the Ministry. The Committee had recalled that compulsory arbitration to end a collective labour dispute and a strike is only acceptable if it is at the request of both parties involved in a dispute, or if the strike in question may be restricted, even banned, i.e. in disputes concerning public servants exercising authority in the name of the State, or in essential services in the strict sense of the term – that is, services whose interruption would endanger the life, personal safety or health of the whole or part of the population. The Committee notes the Government’s indication that in practice it has never intervened in any dispute out of respect for the principles enshrined in the Convention, and that it will continue to follow this approach of refraining from intervention unless the parties to the dispute request its intervention. While duly noting this information, the Committee recalls the need to ensure the conformity of legislative provisions with the Convention, even when they are not applied in practice, and once again requests the Government to take the necessary measures to amend sections 131 and 132 of the Labour Law in light of the above and to keep it informed of the measures taken in this regard.

Dissolution of executive boards. In its previous comments, the Committee had requested the Government to amend section 108 of the Labour Law, which provides that an organization’s board of directors can be dissolved by judicial order, in case the board engages in an activity that violates the provisions of the Labour Law or “laws relevant to the preservation of public order and morals”. The Committee recalls that it had pointed out in this regard that the reference to the “laws relevant to the preservation of public order and morals” is too broad and vague and could lead to an application that hinders the exercise of the rights enshrined in the Convention. The Government indicates that the application of section 108 is not broad or vague and that any Ministry lawsuit seeking the dissolution of a board pursuant to section 108 should refer to the instances and aspects of the alleged violation whereupon the matter will be submitted to judicial examination. The Committee notes this information and recalls that while the organizations and their members are bound to respect the law of the land, the law of the land shall not be such as to impair the guarantees provided in the Convention. The dissolution of the executive board involves a serious risk of interference by the authorities, in particular as to the right of organizations to elect their representatives in full freedom. Furthermore, it may paralyse the activities of a trade union for some time. The Committee considers that authorizing dissolution of executive boards based on indeterminate references such as to “laws relevant to the preservation of public order and morals” provide an exceedingly broad basis for such intrusive measures. In light of the foregoing, the Committee once again requests the Government to take the necessary measures to revise section 108 of the Labour Law, in order to make it compatible with the guarantees provided in the Convention. In the meantime, it requests the Government to provide information on any cases of application of section 108 in practice, and communicate the judicial decisions issued on its basis.

Articles 2 and 5. Limitation to a single confederation. In its previous comments, the Committee had requested the Government to amend section 106 of the Labour Law which provides that “there should not be more than one general union for each of the workers and employers”. The Government indicates in this regard that the Labour Law of 2010 resulted from consultation and agreement between the Government and the social partners and that section 106 aims at protecting the unity of the labour movement in Kuwait. The Committee recalls in this respect that although the Convention does not make trade union diversity an obligation, it does require this diversity to remain possible in all cases and at all levels. Although it is generally to the advantage of workers and employers to avoid proliferation of competing organizations, trade union unity directly or indirectly imposed by law is contrary to the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 92). Therefore the Committee once again requests the Government to take the necessary measures to amend section 106 of the Labour Law so as to ensure the right of workers and employers to establish organizations of their own choosing at all levels, in particular the possibility of forming more than one confederation (general union). It further requests the Government to provide information on any developments in this respect.

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

Scope of application of the Convention. Migrant and domestic workers. In its observations concerning the application of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) in Kuwait, the Committee has noted that pursuant to section 99 of the Labour Law, the right to establish trade unions is restricted to Kuwaiti workers. Furthermore, Order No. 1 of 1964 subordinates the exercise of the right of migrant workers to join workers’ organizations to the possession of a valid work permit and a minimum of five years’ residence in the country. The Committee notes that these legal restrictions on the right to organize seriously impede the exercise by migrant workers of all rights enshrined in the Convention. Furthermore, the Committee has noted that domestic workers are excluded from the scope of the Labour Law and Law No. 68 of 2015 on Employment of Domestic Workers does not contain any provisions concerning the right to organize and collective bargaining. In its previous observation, the Committee had requested the Government to take all necessary measures to ensure the recognition of these rights for all migrant and domestic workers. It notes with regret that the Government does not indicate any measures taken in this regard, neither has it provided information on the way migrant and domestic workers exercise these rights in practice. In view of the foregoing, the Committee urges the Government to take all necessary measures, including legislative reform, to ensure the full recognition, in law and in practice, of the rights enshrined in the Convention for all migrant workers as well as for domestic workers. It also requests the Government to provide information on the way in which these workers exercise in practice the rights set out in the Convention, including information on trade union organizations established and collective agreements in force.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. In its previous observations, the Committee had noted that beyond the general prohibition of anti-union dismissals, national legislation does not provide for effective procedures and dissuasive sanctions against acts of anti-union discrimination and interference. It had therefore urged the Government to take all the necessary measures to bring national legislation into conformity with the Convention. The Committee notes with regret that the Government does not indicate any measures taken in this regard. Therefore, it once again urges the Government to take all necessary measures to ensure that the legislation provides for the prohibition of all acts of anti-union discrimination and interference forbidden by the Convention, and to ensure that there are redress mechanisms that provide adequate protection, including effective procedures and dissuasive sanctions.

Article 4. Promotion of collective bargaining. Compulsory arbitration. In its previous observations, the Committee had noted that section 131 of the Labour Law gives the Ministry the power to intervene in a collective labour dispute without the request of any of the parties, and eventually refer the dispute to conciliation or arbitration while section 132 bans strikes during conciliation or arbitration proceedings initiated by the Ministry. The Committee had requested the Government to amend these provisions. The Committee notes that the Government indicates that in practice, it has never intervened in any dispute out of respect for the provisions of the Convention and it shall continue to do so in the future, except if the parties to a dispute request its intervention. The Committee once again recalls in this regard that compulsory arbitration in the framework of collective bargaining is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term (services whose interruption would endanger the life, personal safety or health of the whole or part of the population), and acute national crises. While noting the Government’s indication that the above-cited provisions are never applied in practice, the Committee recalls that State parties are required to ensure the conformity of their laws with the Convention. Therefore, it once again urges the Government to take all the necessary measures to amend sections 131 and 132 of the Labour Law, as well as other provisions on compulsory arbitration, to ensure their full conformity with the abovementioned principles and to provide information on any developments in this respect.

Promotion of collective bargaining. Application of the Convention in practice. In its previous observation, the Committee had requested the Government to provide information on its concrete measures to promote collective bargaining and to indicate the collective agreements concluded. The Government reports that it always encourages collective bargaining and provides the list of eleven collective agreements concluded during the 2014–20 period. The Committee notes that all these agreements concern the petroleum sector. Recalling that Article 4 of the Convention requires Governments to take measures to encourage and promote the full development and utilization of machinery for collective bargaining, the Committee requests the Government to indicate the concrete measures it has taken to promote and encourage collective bargaining in all economic sectors. It also requests the Government to continue providing information concerning the number of collective agreements concluded, specifying the sectors and the number of workers covered.

Articles 2 and 5 of the Convention. Adequate procedures. Effective tripartite consultations. The Committee notes the information submitted by the Government concerning the restructuring of the Higher Consultative Committee for Labour Affairs, the meetings it has held and the recommendations it has issued during 2020 and 2021. However, the Committee notes that, according to the information communicated by the Government, this body has not addressed any of the matters covered by Article 5(1) of the Convention. The Government reports that, although tripartite consultations through meetings are of paramount importance, it continues to conduct tripartite consultations in written form in view of the speediness and effectiveness of this form of consultation. The Government does not clarify whether the procedure followed to ensure tripartite consultations for purposes of the Convention has included meetings in one or more tripartite bodies, or whether the tripartite consultations required under Article 5 have taken place exclusively through written communications. With regard to the re-examination of unratified Conventions, such as Conventions Nos 100 and 122, and Recommendations to which effect has not yet been given, the Government indicates in general terms that the Public Authority for Manpower is still studying their compatibility with current legislation in Kuwait. The Committee notes that the Government has not provided any information about the content and outcome of any tripartite consultations held during the reporting period with respect to the matters concerning the activities of the International Labour Organization set out in Article 5(1) of the Convention. Hence, the Committee urges the Government to provide updated detailed information on the procedure, content and outcome of tripartite consultations held on the matters relating to international labour standards covered by the Convention as required under Article 5, including the frequency of such consultations. The Committee also once again requests the Government to indicate the manner in which it is determined that written consultations are sufficient to ensure effective tripartite consultations as required by the Convention.

Article 1 of the Convention. Definition and prohibition of discrimination in employment and occupation. Legislation and practice. For a number of years, the Committee has been urging the Government to take the necessary measures to explicitly prohibit direct and indirect discrimination based on race, sex, colour, religion, political opinion, national extraction and social origin: with respect to all aspects of employment and occupation, namely access to vocational training, employment and particular occupations, and terms and conditions of employment; and covering all workers (that is, both nationals and non-nationals, in all sectors of activity, in the public and the private sectors, and in the formal and informal economy). The Government indicates in its report that Labour Law No. 6 of 2010 provides in sections 2 and 6 for the principle of equal treatment for all workers, as section 2 provides that “[t]he provisions of this Law shall apply to all workers in the private sector” and section 6 establishes that, “[w]ithout prejudice to any more advantageous benefits and rights granted to workers in individual or collective contracts, special regulations or by-laws observed by the employer or in accordance with professional or general customs, the provisions of this Law shall represent the minimum level of workers’ rights.” Section 46 provides that: “The service of the worker shall not be terminated without any justification or as a result of his activity in the syndicate or a claim or his legal rights in accordance with the provisions of the law. The service of the worker may not be terminated for reason of gender, race or religion.” The Committee takes due note of section 46 of the Labour Law, which prohibits discrimination in the case of termination of employment on the basis of three grounds, namely gender, race and religion. However, the Committee recalls in this respect that the prohibition of discrimination in employment and occupation must cover all aspects of employment and occupation and encompass the seven prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention. The Committee once again urges the Government to take the necessary measures without delay to: (i) explicitly prohibit in the Labour Law direct and indirect discrimination based on race, sex, colour, religion, political opinion, national extraction and social origin with respect to all aspects of employment and occupation, including recruitment, and covering all workers; and (ii) ensure that all workers are protected in practice against all forms of discrimination, in employment and occupation, and provide full information in this respect.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee recalls that the Government referred in a previous report to sections 191 and 192 of the Penal Code, which establishes the offence, subject to penalties, of “dishonouring another person under threat, by force or deceit”. For a number of years, the Committee has been emphasizing that addressing sexual harassment only through criminal proceedings is not normally sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation (2012 General Survey on the fundamental Conventions, paragraph 792). In its previous comment, it therefore asked the Government to adopt provisions: (1) defining and prohibiting both quid pro quo and hostile working environment sexual harassment; and (2) establishing remedies and sanctions. In the absence of further information on these points, the Committee recalls once again that the provisions of the Penal Code do not address the full range of behaviour that constitutes sexual harassment in employment and occupation and that criminal proceedings are not normally sufficient to eliminate sexual harassment in these specific areas. The Committee also recalls that sexual harassment is a serious manifestation of sex discrimination and a violation of human rights, and requires effective measures to prevent and prohibit it, which should address both quid pro quo and hostile environment sexual harassment (2012 General Survey, paragraph 789). The Committee further notes that in its 2017 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the absence of legislation criminalizing sexual harassment in the workplace and recommended the amendment of the Private Sector Labour Act, the Civil Service Act and the Police Force Order Act in order to criminalize sexual harassment in the workplace and ensure effective access to legal redress for victims of sexual harassment (CEDAW/C/KWT/CO/5, paragraphs 36 and 37). In light of the above, the Committee once again urges the Government to take the necessary measures to ensure that a comprehensive definition and a clear prohibition of both forms of sexual harassment (quid pro quo and hostile work environment) in employment and occupation is included in the Labour Law. It also asks the Government to: (i) take preventive measures, including awareness-raising initiatives on sexual harassment in employment and occupation and on the social stigma attached to this issue, among workers, employers and their respective organizations, as well as law enforcement officials, including the respective procedures, compensation and penalties; and (ii) provide information on the number, nature and outcome of cases of sexual harassment in employment and occupation dealt with by labour inspectors, the courts or any other competent authority.

Migrant workers. Sponsorship system. The Committee previously noted that Kuwait’s sponsorship system (kafala), under which the legal status of migrant workers is tied to their employers, who act as their sponsors for obtaining a visa, has not been abolished, and it requested the Government to provide information on the concrete steps taken or envisaged to review the sponsorship system. It notes that the Government’s report is silent on this subject. In this respect, the Committee notes that, in its 2017 concluding observations, the CEDAW recommended the Government to “continue efforts to completely abolish the kafala (sponsorship) system” (CEDAW/C/KWT/CO/5, paragraph 37). The Committee wishes to underline that, where a system of employment of migrant workers places those workers in a particularly vulnerable position and provides employers with the opportunity to exert disproportionate power over them, this could result in discrimination based on the grounds enumerated in the Convention, including race, colour, national extraction and sex (2012 General Survey, paragraph 779). The Committee asks the Government to take proactive steps to ensure that all migrant workers, including women migrant workers, enjoy effective protection against discrimination on the grounds set out in the Convention, namely race, colour, sex, religion, political opinion, social origin and national extraction. The Committee also asks the Government to provide statistical information on the number of men and women workers who have submitted complaints against their employers or sponsors regarding discrimination and abuse, and the outcome of the cases, indicating whether they have requested and been granted a change of workplace.

Stateless persons or residents without nationality (Bidoons). In its previous comments, the Committee asked the Government to provide information on: (1) the results of the implementation of the road map adopted by the Council of Ministers (Resolution No. 1612/2010); (2) the measures taken to ensure that all stateless persons or residents without nationality (Bidoons) are protected against discrimination in employment and occupation, including in access to employment, on the grounds set out in the Convention; and (3) to provide statistical information on the number of Bidoons living in the country and on their employment status. The Government indicates that the Central System, within the meaning of Law No. 68 of 2015, for stateless persons and residents without nationality, who are referred to by the Government as “illegal residents”, is working intensively on the implementation of the road map, in addition to providing civil, cultural and social services and facilities for stateless persons. The Government adds that, by virtue of the Council of Ministers Decision No. 309 of 2011, the Central System provides numerous services to “illegal residents”, including free education, free treatment and issuing all official documents (birth and death certificates, marriage and divorce contracts and authentic certificates). Collaboration is also ongoing between the Central System and the Civil Service (Diwan), the Public Authority, the Federation of Cooperative Societies and the Kuwait Ports Authority. The collaboration has resulted in jobs being found for stateless people in response to the needs of the labour market. According to the Government, 324 stateless persons were appointed to government bodies and 600 were appointed to the Kuwait Petroleum Corporation and its companies in 2018. In addition, with the collaboration of the Ministry of Defence, some of them were enrolled in the military. The Committee notes the measures taken by the Government to provide employment for stateless persons and residents without nationality, but points out that it does not indicate how they are protected against discrimination in employment and occupation. The Committee asks the Government to: (i) take the necessary measures to ensure that all stateless persons and residents without nationality (Bidoons) are protected in practice against discrimination in employment and occupation based on the grounds prohibited by the Convention in access to education, vocational training and employment; and (ii) provide more detailed information on the results of the implementation of the road map adopted by the Council of Ministers (Resolution No. 1612/2010).

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continues to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 2. National equality policy. In the absence of information on the progress made in the adoption of a national equality policy, the Committee recalls that: (1) the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination; and (2) the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising (2012 General Survey, paragraphs 841 and 848). The Committee therefore once again asks the Government to take the necessary measures to formulate, in collaboration with employers’ and workers’ organizations, and adopt a national equality policy covering all workers aimed at eliminating discrimination in employment and occupation on all the grounds covered by the Convention. The Committee requests the Government to provide information on the progress made in this regard.

Article 5. Special protection measures. Work prohibited for women. In its previous comments, the Committee noted the Government’s indication that sections 22 and 23 of the Labour Law, which prohibit the employment of women at night, with some exceptions, and in work that is hazardous, arduous or harmful to health or violates public morals, are intended to protect women workers in general, and particularly pregnant women. The Committee requested the Government to take measures to ensure that protective measures applicable to women are limited to maternity protection in the strict sense, or based on occupational safety and health (OSH) risk assessments and do not constitute obstacles to the employment of women. The Government’s report does not contain any information in this respect, except a reference the provisions of Chapter 4 of the Labour Law on maternity protection and occupational safety and health. The Committee once again recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity, in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women. The Committee further recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (2012 General Survey, paragraphs 839 and 840). Therefore, any restrictions on women’s access to work based on health and safety considerations must be justified and based on scientific evidence and, when in place, must be periodically reviewed in light of technological developments and scientific progress to determine whether they are still necessary for protection purposes. The Committee urges the Government to: (i) review its approach regarding restrictions on women’s employment in light of the above principles to ensure that any protective measures taken are limited to maternity protection in the strict sense, or are based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women; and (ii) supply information on any developments in this regard.

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

Article 1 of the Convention. Migrant domestic workers. In its previous comment the Committee noted the adoption of the Domestic Workers Act No.68 of 2015 and asked the Government to provide information on: (1) the application in practice of Act No. 68 of 2015; (2) the functions of the Kuwait Home Helper Operating Company; and (3) the gaps regarding the effective protection of domestic workers from abuse, exploitation and violence emphasized by the Committee. The Government indicates that the Domestic Work Department (DWD) was established to deal with issues related to recruitment and placement. Pursuant to sections 31 to 38 of Law No. 68 of 2015, the DWD is mandated to settle disputes amicably. If a settlement is not reached, the dispute is to be referred to the competent court, where all domestic workers are exempt from judicial charges. According to section 37, the Head of the Labour Circuit is responsible for setting the date of the court hearing within one month of the case being filed. The Government also refers to the Council of Ministers’ Decision No. 652 of 2007 that provided for the establishment of a shelter for housing migrant workers, especially domestic workers, who have conflicts with their employers. The shelter provides numerous services, including medical and legal services. Regarding the Kuwait Home Helper Operating Company functions, the Committee notes that this online platform aims to facilitate the registration of potential domestic workers candidates as well as potential employers. The Committee notes that private recruitment agencies by virtue of Law No.68 of 2015 are in charge of recruiting migrant domestic workers. Law No. 68 of 2015 imposes financial sanctions and allows for the revocation of the recruitment license of an agency if recruitment fees are imposed on migrant domestic workers (section 25). The prohibition of charging recruitment fees is also stipulated under sections 4 and 8 of the Law. Regarding the gaps on the effective protection of domestic workers from abuse, exploitation and violence, including sexual harassment, the Committee notes the Government’s indication that following the transfer of the mandate of domestic workers to the Ministry of Social Affairs and Labour and the Public Authority of Manpower in 2015, this latter provides at no cost a lawyer to domestic workers, in collaboration with the national human rights organizations. The Ministry also addresses seriously sexual aggressions, and violations against a domestic worker by informing the aggrieved party of the procedures which need to be taken and facilitating access to a court. The Committee also notes the number of complaints (2,434) submitted to the Department for the recruitment of domestic workers between April-June 2019 without indicating the grounds for these complaints. The Committee further observes that, in its 2017 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the “legal gaps in Act No. 68 of 2015 regarding the effective protection of domestic workers from abuse, exploitation and violence, including: the lack of labour inspection mechanisms; weak penalties imposed on labour recruitment firms for abusive practices […] as well as the fact that women migrant workers remain vulnerable to abuse, sexual harassment and forced labour” (CEDAW/C/KWT/CO/5, 22 November 2017, paragraph 36). The Committee asks the Government to take the necessary measures, in cooperation with the social partners, to ensure genuine protection for migrant domestic workers, in law and practice, against direct and indirect discrimination on all of the grounds set out in the Convention, in particular against sexual harassment, and in all areas of their employment. The Committee also asks the Government to continue to provide information regarding the number and nature of claims of discrimination in employment and occupation, including sexual harassment, brought by migrant domestic workers to the Department for the recruitment of domestic workers and the Public Authority of Manpower and how they have been addressed.

Article 2. Promotion of equality of opportunity and treatment for men and women. In its previous comment, the Committee requested the Government to: (1) adopt proactive measures to improve women’s ability to access employment on an equal footing with men; (2) identify the percentage of women in the military and provide statistics on the ratio of women in top military ranks; (3) specify the number of women in leadership positions within the Ministry of the Interior and the police force; (4) clarify whether women and men police officers perform the same functions and tasks; and (5) provide information on the steps taken or envisaged to address horizontal and vertical segregation in the labour market. In its reply, the Government indicates that Kuwaiti women have proved their success in all areas of employment and that their presence and role proved to be extremely useful and important on sensitive issues. There are women engineers who manage among the most important projects in the country. Further, women work as security guards in the Majlis Al Ummah which recently accepted a few women volunteers who undertook studies for one year at the Women’s Police, which is affiliated to the Saad Al-Abdullah Academy for Security Sciences, and who graduated as lieutenants and as assistant officers. Furthermore, the Ministry of Interior includes increasing numbers of women who work in many security units, which are affiliated to the Ministry. The tasks carried out by women in the Ministry of Interior, in addition to the allowances, salaries and bonuses, which they receive, as well as promotions obtained and holidays, are the same as those enjoyed by men. There are also female doctors who are officers in the criminal security department, and whose specialization serves criminal matters. There is no specific percentage of women in the army: at present, there are no women in top military ranks because women have only had access to the army recently. Top positions are not restricted to men but also include women if they meet the position’s requirements, such as years of service and promotion. Officers in the Ministry of Interior carry out the same tasks and duties as those performed by police officers except for the duration of work which ends at 9 p.m. This latter exemption is to safeguard and protect women. Moreover, women are granted maternity leave of 70 days at full pay and an additional leave period at half pay in accordance with the National Military Service Law No.20 of 2015. The Committee notes that the Government does not provide any statistical data in support of its indications that would allow the Committee to monitor progress, nor does it provide information on the measures taken in order to address horizontal and vertical segregation in the labour market. In this regard, the Committee notes that, in the Global Gender Gap Report 2020 of the World Economic Forum, Kuwait is ranked 122 out of 153 countries examined for the economic participation and opportunity for women. The labour force participation rate reaches 58.8 per cent for women compared to 86 per cent for men. In managerial and senior positions, women comprise 13.6 per cent, as compared to 86.5 per cent for men. The Committee recalls that effectively responding to the complex realities and variety of ways in which discrimination occurs requires the adoption of differentiated measures. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values (see 2012 General Survey on the fundamental Conventions, paragraph 856). The Committee asks the Government to provide information on: (i) measures taken to ensure that women are provided, in practice, with equal access to non-traditional career paths mainly male dominated; and (ii) steps taken or envisaged to address horizontal (confining women to certain activity sectors and certain occupations, often poorly paid and with no career development perspectives) and vertical (confining women to subordinate posts) in the labour market. The Committee asks the Government to provide statistical information on the participation of men and women in the labour market by sectors, in order to observe any trends over time, including statistical data on the percentage of women in sectors traditionally occupied by men (for example, Ministry of Interior, police forces, fire police, national guards, etc.) and the ratio of women in leadership positions in those sectors.

Statistics. Noting the lack of statistical information in the Government’s report, in particular on the number and proportion of women in the labour force, in both the private and public sectors, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and to make any necessary adjustments. Therefore, the Committee calls on the Government to collect and analyse relevant data, including comparable statistics to enable an accurate assessment of changes over time (see 2012 General Survey, paragraph 891). The Committee requests the Government to provide up-to-date data, disaggregated by sex, on the distribution of men and women at all levels of the public and private sector. The Committee reminds the Government of the possibility of availing itself of ILO technical assistance in this regard.

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).

Comments adopted by the CEACR: Kuwait

Adopted by the CEACR in 2021

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C117 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)