Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Kuwait (Ratificación : 1961)

Application of the Convention in practice. In its previous comment, the Committee encouraged the Government to establish a legal framework recognizing the right to strike and protect those participating in legitimate peaceful strikes from sanctions or threats. While noting the Government’s indication that the rights under Labour Law No. 6 of 2010 are only minimum rights as per section 6, the Committee reiterates that provisions recognizing the right to strike must be included to ensure with certainty the protection of workers who wish to exercise their right to strike. The Committee notes the Government’s indication that section 46 of the Labour Law which prohibits termination of service without justification or due to trade union activity confirms the right to exercise trade union activities. Observing that the Labour Law does not protect workers from acts other than dismissals such as threats or sanctions, the Committee recalls that sanctions imposed against peaceful strike action are incompatible with the Convention. The Committee notes with regret the absence of information from the Government on the exercise of this right in practice. The Committee once again encourages the Government to include legislative provisions recognizing the right to strike and take all necessary measures to ensure that workers participating in legitimate, peaceful strikes are adequately protected from sanctions, threats and other forms of retaliation. It requests the Government to provide information on the number and nature of strikes called, the sector of activity and any administrative or judicial procedures or investigations undertaken.