CMNT_TITLE

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

Other comments on C117

Observation

Direct Request

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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).