Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report on the following points. It also notes with interest that a technical advisory mission of the Office visited Kuwait in November 1994, to cover issues related to foreign labour, and that, in the response to concrete recommendations submitted by the said mission, the Government has accepted almost all of the recommendations and some measures have already been or are being implemented, including the form of Ministerial Orders.

Migrant workers

Articles 6, 7 and 8, of the Convention. As to the application of Article 6, the Government states in the report that, although individual workers' wages differ, the wages of migrant workers enable them to live decently thanks to various measures taken by the Government, such as subsidized basic commodities and free health services, and also that there is no restrictions on the immigration of workers' family members. Regarding Article 7, the Government indicates that there is no restriction on remittance of workers' savings to their home countries. The Committee notes this information and hopes that the Government will continue to supply information on the application in practice of these Articles, including measures taken in accordance with the recommendations of the ILO mission mentioned above. Please also supply a copy of any agreements entered into with foreign countries for the purpose of regulating matters of migrant workers (Article 8).

Remuneration of workers

The Committee notes the Government's indications in the report of measures taken to ensure the regular and timely payment of wages to workers (Article 11), namely: Ministerial Order No. 108 of 29 June 1994 had extended the system of a bank guarantee, i.e. requiring the employer to deposit a financial guarantee to cover in case of non-payment or late payment of wages, to non-governmental activities, particularly those which the Ministry may deem appropriate, which is in line with the recommendation of the technical advisory mission of the Office; and Ministerial Order No. 110 of 7 January 1995 was issued to require the transfer of wages to a Kuwaiti bank on the prescribed date of payment. The latter Ministerial Order also corresponds to one of the recommendations of the above mission, which considered that payment of wages through bank accounts would make it easier to detect cases of default such as non-payment or delayed payment, in particular to foreign workers, and would also make it easier to find out whether the worker is working with the original sponsor or with someone else without necessary authorization. The Committee requests the Government to supply copies of these Ministerial Orders as well as information on their application in practice, with particular reference to migrant workers.

The Committee also notes that the Government considers that the high wage level in Kuwait attracts migrant workers. However, in the absence of response to its previous comments on minimum wages, the Committee again asks the Government to indicate whether minimum rates of wages are fixed in consultation with representatives of the employers and workers (Article 10, paragraph 2), and what measures have been taken to ensure the enforcement of such minimum rates (paragraphs 3 and 4).

The Committee is also addressing a direct request to the Government on certain other points.