Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report on the following points. It notes with interest the establishment by Ministerial Order No. 114 of 1996 of a tripartite committee to examine the provisions of the labour law in the light of international labour Conventions, and also the indication of the Government in its report that a draft law in conformity with international Conventions is being considered by the constitutional bodies in the country for adoption. The Committee would be grateful if the Government would supply information on any developments in this regard.

Migrant workers

Articles 6, 7 and 8, of the Convention. As to the application of Article 6, the Government states in the report that individual workers' wages differ for different considerations, including the necessity to cover the needs of the workers and their families. Regarding Article 7, the Government again 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 technical advisory mission of the Office to Kuwait in November 1994, to cover issues related to foreign labour. The Committee requests the Government to 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 previously noted the Government's indications in the earlier 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. In the absence of the Government's response, the Committee again 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 the absence of response to its previous comments on minimum wages, and 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).