Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Kuwait (Ratification: 2007)

Other comments on C098

Observation

Direct Request

2017
2015
2010
2009

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The Committee notes the observations of the International Trade Union Confederation (ITUC) in a communication received on 18 September 2017, which refer to issues pending before this Committee together with allegations concerning the imposition of restrictions on collective bargaining in a public enterprise.

Articles 1, 2 and 6 of the Convention. Protection against acts of anti-union discrimination and interference in the public sector. In its previous comments, the Committee had requested the Government to indicate the legal provisions that protect public sector workers against acts of anti-union discrimination and interference. The Committee notes the Government’s indication that, according to section 98 of the Labour Law, public workers are covered by Chapter V of the Law on Collective Work Relations. The Committee notes however that, as already mentioned in its previous comments, the Labour Law does not provide concrete protection against acts of anti-union discrimination, such as transfers, demotions and any other prejudicial acts. Furthermore, it recalls that legislation should protect against all acts of interference, such as acts aiming to place workers’ organizations under the control of employers or employers’ organizations by financial or other means. The Committee emphasizes that legislation should make express provision for effective procedures and dissuasive sanctions to prevent and redress all acts of anti-union discrimination and to protect employers’ and workers’ organizations against interference by each other. The Committee requests the Government to take any necessary measures to ensure that the legislation provides, in respect of civil servants, for the prohibition of all acts of anti-union discrimination and interference forbidden by the Convention, as well as redress mechanisms to ensure adequate protection, including effective procedures and dissuasive sanctions, in accordance with the abovementioned principles.

Articles 4 and 6. Collective bargaining in the public sector. In its previous comments, the Committee had requested the Government to indicate the legal provisions that ensure the application of the right to bargain collectively in the public sector, especially in connection with civil service employees not involved in the administration of the State. The Committee welcomes the Government’s indication that, pursuant to sections 111–132 of the Labour Law, workers in the public sector have the right to bargain collectively. On the other hand, the Committee notes that the ITUC indicates that unions representing Kuwait’s oil workers were not consulted when a new pay scale was introduced and that the new regulations entailed cuts in oil workers’ wages and longstanding benefits. Recalling that employees of public enterprises and public servants not engaged in the administration of the State should be able to negotiate collectively their wage conditions, the Committee requests the Government to send its comments with respect to the ITUC’s observations and to provide information on the application in practice of the right to collective bargaining recognized by the Labour Law to the public sector workers.