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Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Kuwait (RATIFICATION: 2000)

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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.

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Articles 2 and 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide information about how correspondence enables effective consultations, given the Government’s indication that correspondence was the method in which consultations were conducted. The Committee further requested information on the outcome of the tripartite consultations held on the matters relating to international labour standards covered by the Convention. The Government reports that the tripartite consultations with the social partners are still ongoing in compliance with Article 5 of the Convention. It adds that the Public Authority for Manpower (the Authority), representing the Government, is the body responsible for communicating all ILO questionnaires relating to the agenda of the International Labour Conference to the Kuwait Trade Union Federation and the Kuwait Chamber of Commerce and Industry. The Authority also prepares, in consultation with the social partners, replies to the Committee’s comments under article 22 of the ILO Constitution. It also communicates non-ratified Conventions and Recommendations which have not yet been given effect to the social partners for consultation. The Committee notes that the Authority has recently submitted the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), to the social partners. The Government indicates that, in accordance with section 143 of the Labour Law No. 6 of 2010, which regulates the private sector, the Authority has held the first meeting of the Upper Committee for Labour Affairs to discuss a proposal to amend Order No. 839/s of 2015 on the employment of women in the oil and petrochemical sectors. Recalling its previous comments, the Committee reiterates its request that the Government provide detailed information on the outcome of tripartite consultations held on the matters relating to international labour standards covered by the Convention as required under Article 5, as well as information relating to any reports or recommendations resulting from these consultations. The Committee also 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. It also invites the Government to provide updated information on the progress achieved in relation to the re-examination of unratified Conventions – such as Conventions Nos 100 and 122 – and Recommendations to which effect has not yet been given.

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Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that the composition of the Consultative Committee for Labour Affairs has been modified based on Order No. 119 of 2014. The Government adds that the meeting of the Consultative Committee was attended by the social partners which discussed administrative decisions in line with granting and transferring work permits. With regard to Article 5(1) of the Convention, the Government indicates that correspondence was the manner in which consultations were conducted between the social partners. The Committee requests the Government to provide detailed information about how correspondence enables effective consultations, as required by the Convention. Please also provide information on the outcome of the tripartite consultations held on the matters relating to international labour standards covered by the Convention, such as the nature of any reports or recommendations made as a result of the consultations.

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Effective tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2013 in reply to its 2012 observation. The Government indicates that the Tripartite Consultative Committee for Labour Affairs held its meetings with the participation of Government, employers and workers. The Committee notes that matters discussed at the meetings included human trafficking, the regulation of the employment of workers in the private sector and numerous subjects of common concern to the social partners. The Government adds that there are also meetings periodically held between the social partners before the beginning of any conference (whether it is Gulf, Arab, international) to discuss all matters scheduled on the agendas of such conferences. Recalling its previous observation, the Committee once again invites the Government to provide in its next report detailed information on the consultations held on each of the matters relating to international labour standards set out in Article 5(1) of the Convention, and also to indicate the nature of any reports or recommendations made as a result of the consultations.

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Effective tripartite consultations required by the Convention. The Committee notes the reply supplied by the Government to its previous observation in a report received in August 2012. The Government indicates that the tripartite Consultative Committee for Labour Affairs established in 2010 has not yet held its first meeting due to the organizational problems experienced by the Ministry of Labour and Social Affairs in the last two years. It states that the fact that the tripartite Consultative Committee has not held any meetings does not mean that there are no effective tripartite consultations, as the establishment of the tripartite committee was made to enhance tripartite dialogue. The Committee invites the Government to indicate how effective tripartite consultations were held for the period 2010–12 on each of the matters relating to international labour standards set out in Article 5(1) of the Convention, stating their object and frequency, and also to indicate the nature of any reports or recommendations made as a result of the consultations.

[The Government is asked to reply in detail to the present comments in 2013.]

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Effective tripartite consultations required by the Conventions. The Committee notes the reply supplied by the Government to its previous observation in the report received in August 2010. It further notes with interest that, following the adoption in February 2010 of new labour legislation for the private sector, a Consultative Committee for Labour Affairs was established by Ministerial Order No. 132/a of 2010. The Committee is presided over by the Ministry of Labour and Social Affairs and is composed of Government representatives, as well as representatives of employers and of workers. The Government also states that it intends to communicate to the Committee all decisions and recommendations formulated by the new Consultative Committee after it holds its first meeting. The Committee welcomes the Government’s intention to provide information on these developments and hopes that the Government will provide in its next report detailed information on the consultations held by the Consultative Committee for Labour Affairs on the matters relating to international labour standards covered by Article 5(1) of the Convention.

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Effective tripartite consultations required by the Conventions. The Committee notes the Government’s report, received in September 2009. The Government indicates that, in the context of the application of the principle of tripartite consultation, sections 92 and 93 of Act No. 38 of 1964 concerning the Labour Code for the private sector refer to a labour affairs advisory commission, which comprises representatives of the Ministry of Social Affairs and Labour and other ministries and also representatives of employers’ and workers’ organizations. This commission is responsible for issuing advisory opinions on labour legislation. The Ministry of Social Affairs and Labour is responsible for the publication of decrees regulating the composition of this commission and also its working methods. The Government has not supplied any information on the setting up of the advisory commission provided for by the Labour Code, or any other information on the tripartite consultations relating to international labour standards required by the Convention. The Committee requests the Government to supply a report containing detailed information on the consultations held on each of the matters relating to international labour standards set out in Article 5(1) of the Convention, stating their object and frequency, and also to indicate the nature of any reports or recommendations made as a result of the consultations.

Article 6. Working of consultative procedures. The Government indicates that the Ministry has not received any report but that it will take account of the recommendation to draw up an annual report on consultative procedures. The Committee requests the Government to keep it informed of any new developments in this respect.

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Tripartite consultations required by the Convention. The Committee recalls its previous comments in which it took note of the establishment of a committee to discuss international labour standards. The Committee requests the Government to provide further information in its next report on the content and outcome of the tripartite consultations held on each of the matters concerning international labour standards, listed in Article 5, paragraph 1, of the Convention.

Working of consultation procedures. The Committee again requests the Government to indicate whether annual reports are issued on the working of the consultation procedures and, if so, to provide a copy of the reports which are produced during the period to be covered by the next report. If not, please provide information on the consultations held with representative organizations on this matter (Article 6).

[The Government is asked to reply in detail to the present comments in 2009.]

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1. Tripartite consultations required by the Convention. The Government indicates in its report received in August 2006 that a Committee on Domestic Labour in the Private Sector was set up by Order No. 568 of 2005 of the Council of Ministers, and that a committee responsible for amending the draft Labour Code governing the private sector was set up by Ministerial Decree No. 168 of 2003. The Government further indicates that Ministerial Order No. 184 of 1999, which the Committee already noted in its 2005 direct request, established a committee to discuss international labour standards. The Committee notes the Government’s statement that the establishment of these committees is evidence that the principle of tripartite consultation is applied in Kuwait, and requests the Government in its next report to provide more specific information on the content and outcome of the tripartite consultations held, particularly in the committee to discuss international labour standards, on each of the subjects listed at Article 5, paragraph 1, of the Convention.

2. Working of consultation procedures. The Committee refers to the comments it has been making since 2003 and again requests the Government to indicate whether annual reports are issued on the working of the consultation procedures and, if so, to provide a copy of the reports produced during the period covered by the next report. If not, please provide information on the consultations held with representative organizations on this matter (Article 6).

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1. Tripartite consultations required by the Convention. In its report received in September 2004, the Government indicates that tripartite consultations were held to examine collective labour disputes, as well as within the framework of the revision of the Labour Code. The Government states that, with regard to the tripartite consultations required under Article 5, paragraph 1, of the Convention, the questionnaire on occupational safety and health, as well as the text of the Conventions and Recommendations adopted by the Conference in 2003, were transmitted to the social partners in order that they might formulate their comments. The Committee invites the Government to continue to provide information on the consultations held, especially within the Committee, which was established by virtue of Ministerial Decree No. 184 of 1999, on each of the issues listed under Article 5, paragraph 1, of the Convention, during the period covered by the next report, specifying their aim, frequency and the nature of all reports or recommendations resulting from these consultations.

2. Operation of the consultative procedures. The Committee again requests the Government to indicate whether the representative organizations have been consulted with regard to the operation of the procedures set out in the Convention and, if need be, to inform it of their outcome. It recalls that Article 6 does not impose the presentation of an annual report, but requires that tripartite consultations be organized in order to determine whether there is a need to issue such a report or not. The 2000 General Survey specifies in this regard that the annual report could in particular include information on the make-up of consultative bodies, the number of meetings they held, the issues included on their agendas, the proposals made and the results obtained (paragraph 131).

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1. The Committee notes the Government’s first report on the application of the Convention, received in November 2002. The Government indicates in its report that a standards committee holds the consultations required by the Convention. The Committee would be grateful if the Government would continue to provide information on the consultations held during the next reporting period on all of the subjects listed in paragraph 1 of Article 5 of the Convention (in particular on the matters referred to in subparagraphs (a),(b) and (e)), indicating the nature of any reports or recommendations made as a result of the consultations.

2. The Committee would be grateful if the Government would also indicate in its next report whether training on the functioning of tripartite consultations has been considered necessary or has taken place (Article 4, paragraph 2) and on any consultations held with the representative organizations on "the working of the procedures" provided for in the Convention (Article 6).