Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Age Convention, 1973 (No. 138) - Kuwait (Ratification: 1999)

Other comments on C138

Observation

Direct Request

2015
2012
2005
2003
2002

Replies received to the issues raised in a direct request which do not give rise to further comments

2018

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Article 2(1) of the Convention. Scope of application. Children working on their own account or in the informal economy. The Committee had previously noted that, according to section 2 of the Labour Code of 2010, the provisions of the Labour Code apply to all workers in the private sector. It had also noted that according to the information in the summary record for the 1,301st meeting of the Committee on the Rights of the Child (CRC) on 24 January 2008, a member of the CRC noted that the number of street children and refugee children had increased significantly in Kuwait (CRC/C/SR.1301, paragraph 9). The Committee had therefore urged the Government to take the necessary measures to ensure the application of the Convention to all types of work performed outside an employment relationship, such as street children and other self-employed children.

The Committee notes the Government’s statement that there are no street children in Kuwait. It notes that according to section 27 of the Labour Code of 2010, anyone who has completed 15 years of age shall be eligible to conclude a work contract. The Committee observes that section 2 of the Labour Code read in conjunction with section 27 implies that the provisions of the Labour Code, including the minimum age provision, apply only to labour relations between workers and employers in the private sector. Therefore, children working without any employment contract, such as self-employed children, do not benefit from the prohibition on child labour (of children below 15 years) as laid down under section 19 of the Labour Code. Recalling that the Convention applies to all sectors of economic activity and covers all forms of employment or work, the Committee requests the Government to take the necessary measures to ensure that children working on a self-employed basis or in the informal economy enjoy the protection of the Convention. In this regard, the Committee encourages the Government to expand the reach of the labour inspectorate to better monitor children carrying out economic activities on their own account or on an unpaid basis. It requests the Government to provide information on the measures taken in this regard.

Article 3(2). Determination of hazardous work. The Committee had previously noted that, according to section 20(a) of the Labour Code of 2010, young persons aged from 15 to 18 years shall not be employed in industries or professions that are, by a resolution of the Minister of Labour, classified as hazardous or harmful to their health. It had requested the Government to provide information on the progress made by the Minister of Labour in elaborating a resolution, after consultation with the organizations of employers and workers concerned, providing for a list of the industries and professions classified as hazardous or harmful to the health of children.

The Committee notes the Government’s indication that section 5 of Ministerial Order No. 196/a/2010 provides for a list of hazardous industries and occupations in which the employment of children under 18 years of age is prohibited. It notes that while the Government’s report indicates that it has attached a copy of Order No. 196, no such attachment has been sent by the Government. The Committee therefore requests the Government to provide a copy of Ministerial Order No. 196/a/2010 containing the list of types of hazardous work prohibited to children under 18 years of age, along with its next report.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that no violations relating to the employment of children, nationals as well as foreigners have been detected by the labour inspectors during inspection. It further notes the Government’s indication that the nature of work in different sectors in the country requires recruitment of workers from abroad. However, no entry visas are issued for persons under the age of 18 years.