Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the Government’s report. In its previous comments, the Committee had noted the draft amendments to the Private Sector Labour Code provided by the Government, which responded to a number of comments concerning discrepancies between the national legislation and the Convention, which the Committee had been commenting upon for several decades. It notes with regret that the Government’s latest report does not contain any information on the progress made in adopting these amendments and merely refers to the current legislation with a general statement that the draft Labour Code governing the private sector responds to most of the Committee’s comments. Recalling that the Government has been referring to a draft Labour Code since 1996, the Committee expresses the firm hope that this Code will be adopted in the near future and that it will ensure full conformity with the provisions of the Convention.

The Committee recalls that it has commented for several years on the need to repeal or amend the following provisions of the Labour Code (Act No. 38 of 1964), which are contrary to the Convention.

Article 2 of the Convention

-  The exclusion from the scope of the Code, and thus from the protection afforded by the Convention, of domestic workers (section 2 of the Code as modified in 1996).

-  The requirement of at least 100 workers to establish a trade union (section 71) and ten employers to form an association (section 86).

-  The prohibition on joining a trade union for individuals under 18 years of age (section 72).

-  The requirement of five years’ residence in Kuwait for non-national workers before they may join a trade union, and the requirement that a certificate of moral standing and good conduct delivered by the competent authority be obtained in order to join a trade union (section 72).

-  The requirement that a certificate be obtained from the Minister of the Interior stating that he has no objection to any of the founding members, before a trade union may be established, and the requirement that at least 15 members must be Kuwaiti in order to found a trade union (section 74).

-  The prohibition to establish more than one trade union per establishment, enterprise or activity (section 71).

Article 3

-  The ban on the right to vote and to be elected to trade union office for unionized workers not of Kuwaiti nationality, except to elect a representative having the right only to voice their opinions with the Kuwaiti union officers (section 72).

-  The prohibition on trade unions from engaging in any political activity (section 73).

-  The wide powers of supervision of the authorities over trade union books and registers (section 76).

-  The reversion of trade union assets to the Ministry of Social Affairs and Labour in the event of dissolution (section 77).

Articles 5 and 6

-  The restriction imposed on trade unions to join federations only where the activities are identical, or where industries are producing the same goods or supplying similar services (section 79).

-  The prohibition for organizations and their federations to establish more than one general confederation (section 80).

-  The single trade union system established under sections 71, 79 and 80, read together.

While the Committee had previously noted that several of the draft amendments appeared to eliminate earlier sections of the Labour Code which were not in conformity with the Convention, and that the Government had submitted a proposal to amend section 71 (concerning the requirement of 100 workers to form a union) of the current Labour Code of 1964 until the new draft Labour Code was adopted, the Committee nevertheless had observed that some important discrepancies remained between the draft law and the provisions of the Convention, in particular as concerns trade union rights for migrant workers and the powers bestowed upon the Council of Ministers to dissolve workers’ and employers’ organizations. Therefore, it expresses once again the firm hope that the necessary measures will be taken in the near future to bring the legislation into conformity with the Convention in respect of the abovementioned issues and trusts that the other points which had been raised in its previous comments will also be fully addressed in the new Code. The Committee requests the Government to indicate in its next report the progress made in this regard and supply a copy of the Code once it is adopted.