Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Hours of Work (Industry) Convention, 1919 (No. 1) - Kuwait (Ratification: 1961)

Other comments on C001

Observation

Direct Request

2013

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Article 6(1)(b) and (2) of the Convention. Temporary exceptions – Oil sector. The Committee notes that under section 4 of the Labour Law No. 6 of 2010, the oil sector is regulated by the Oil Sector Labour Law. In this connection, the Government refers to sections 7 and 10 of the Oil Sector Labour Law and indicates that hours of work including overtime may not exceed 48 hours in one week, provided that overtime work does not exceed two hours a day and is compensated by an extra 25 per cent of the ordinary wage rate. The Committee observes that, contrary to the Labour Law No. 6 on work in the private sector which fixes a 180-hour annual limit on overtime, the Oil Sector Labour Law does not appear to establish any annual limit on authorized overtime hours. The Committee requests the Government to provide additional explanations in this respect. It would also appreciate receiving a copy of the Oil Sector Labour Law.

Public sector. In the absence of the Government’s reply on this point, the Committee wishes to draw once again attention to the fact that the Ministerial Order No. 34/77 on overtime in the public sector does not fix the maximum number of additional hours that may be authorized in the day and in the year, nor does it specify the conditions under which such additional hours may be authorized. The Committee requests the Government to take appropriate action and keep the Office informed of any progress made in this respect.

Private industrial sector. The Committee recalls its previous comment in which it noted that section 66 of the Labour Law No. 6 of 2010 on work in the private sector permits overtime if this is necessary, among others, for meeting work needs that exceed daily required work, and therefore does not limit recourse to overtime to exceptional cases of pressure of work, as required under Article 6(1)(b) of the Convention. The Committee requests the Government to take the necessary measures to ensure that overtime in industrial establishments is authorized only in the circumstances provided for in this Article of the Convention.