Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report.

The Committee notes with interest that, according to the Government's report, the draft law to modify and repeal certain provisions of the Labour Code (Act No. 38 of 1964) has been submitted to the competent authority for adoption.

The Committee intends to examine the draft Labour Code in the light of its conformity with the Convention, once it has been translated.

The Committee recalls that its previous comments raised the following discrepancies between the draft law and the Convention that still remained concerning the restrictions on the right of foreign workers and employers, as well as nationals, to form organizations, and the possibility of interference of the public authorities in trade union activities:

-- the requirement of a least ten Kuwaiti employers in order to form an association (section 101);

-- the requirement that at least 15 founding members must be Kuwaiti in order to establish a trade union (section 102(1));

-- the requirement that a certificate of good conduct be obtained by each founding member from the Ministry of the Interior before a trade union may be established (section 103(e));

-- the reversion of trade union assets to the Ministry of Social Affairs and Labour in the event of dissolution (section 110).

The Committee again requests the Government to take the necessary measures without delay, and in any event, prior to the adoption of the draft law, to ensure that all the legislation, including the provisions referred to above that have been the subject of comments from the Committee for a number of years, is brought into conformity with the requirements of the Convention.

[The Government is asked to report in detail in 1999.]