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Labour Inspection Convention, 1947 (No. 81) - Kuwait (RATIFICATION: 1964)

Other comments on C081

Observation

Direct Request

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Article 3(1) and (2) of the Convention. Labour inspection activities concerning the enforcement of legislation in relation to the employment of foreign workers. The Committee notes the information provided by the Government with regard to the existence of an inter-agency committee comprising the Public Authority of Manpower, the Ministry of Interior, Kuwait Municipality and the Public Authority for Food and Nutrition. According to the Government this committee conducted 154 inspections in licenced and unlicensed enterprises, resulting in the detection of 2,029 cases of workers without work permits. The Government further indicates that the Public Authority of Manpower helped the affected workers in finding regular employment with employers registered with the Public Authority of Manpower. The Committee requests the Government to continue to provide information on the number of foreign workers without work permit identified by labour inspectors and on the number of those workers that were assisted in finding a regular employment. The Committee also requests the Government to continue to provide information on the activities conducted by labour inspectors with regard to the control of work permits of foreign workers, including the time and resources spent by the labour inspectorates in verifying the legal status of foreign workers as a proportion of inspectors’ overall time and resources.

Article 4. Supervision and control by a central authority. The Committee notes the Government’s indication, in reply to its previous comments, that labour inspectors and occupational safety and health inspectors operate under the supervision of the Public Authority of Manpower. The Government indicates that the National Centre on Occupational Safety and Health was created to complement the work of the Work Inspection Administration. It further indicates that there are 176 labour inspectors and 187 OSH inspectors distributed throughout the country in proportion, to the extent possible, with the number of enterprises registered in each governorate. The Committee takes note of this information which addresses its previous request.

Article 5. Effective cooperation between the inspection services and the judicial authorities and other Government services engaged in similar activities. In reply to the Committee’s previous comments, the Government indicates that work is under way on publishing judicial decisions online. It also indicates that there is cooperation between the National Centre for Occupational Safety and Health, under the Public Authority of Manpower, the Ministry of the Interior, and the authorities responsible for the registration of workers and the issuance of permits to enterprises. The Committee requests the Government to continue to provide information on cooperation with other Government services engaged in similar activities, and on measures taken to enhance effective cooperation between the labour inspection services and the judicial authorities. The Committee further requests that the Government provide information on how judicial decisions concerning cases referred to the court by labour inspectors are communicated to the inspectorate, including the number and nature of such referred decisions.

Article 7. Training of inspection staff. The Government indicates that the Public Authority of Manpower has developed an integrated training programme for labour inspectors. It adds that labour inspectors are appointed after undergoing theoretical and practical training over a period of one and a half years with the Public Authority for Applied Education and Training, in coordination with the Public Authority of Manpower. Once the training is completed, labour inspectors obtain an accredited labour inspection certificate. The Committee requests the Government to continue to provide information on the training provided to labour inspectors in the performance of their duties, more specifically the number of labour inspectors that have received training, the duration of such training, the subjects covered, and whether it was induction or continuing training.

Article 12(1)(a). Free entry of inspectors into workplaces liable to inspection. The Committee previously noted that, pursuant to section 134 of the 2010 Labour Law, officials designated to supervise the implementation of the Law have access to establishments during official working hours. The Committee recalls that, according to Article 12(1)(a) of the Convention, labour inspectors shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Government indicates that it will take the necessary steps to amend section 134 of the Labour Law to bring it in line with the provisions of the Convention. The Committee therefore requests the Government to provide information on the legislative measures taken to ensure that labour inspectors are empowered to make visits to workplaces liable to inspection without previous notice at any hour of the day or night, in conformity with Article 12(1)(a) of the Convention, and to provide a copy of such measures upon adoption.

Articles 20 and 21. Labour inspection report. The Committee notes that no labour inspection report has been communicated to the Office and that the Government report does not contain the information required under Article 21(c)–(g).Therefore, the Committee requests the Government to provide information on the measures taken in order to compile, publish and transmit to the Office a labour inspection report that contains all the information required by Article 21(a)–(g) of the Convention.