Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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. In its previous comments, the Committee observed 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, did not benefit from the prohibition on child labour (of children below 15 years) as laid down under section 19 of the Labour Code.

The Committee notes the Government’s statement in its report that there is no child labour in Kuwait. It further states that the Labour Inspection Department monitors any violations with regard to child labour and takes the necessary measures against persons found in violation in accordance with the law in force. According to the available statistics, one infringement concerning the employment of a young person was detected by the labour inspectors. The employer was notified of the infringement and it was remedied.