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Effective tripartite consultations required by the Conventions. The Committee notes the reply supplied by the Government to its previous observation in the report received in August 2010. It further notes with interest that, following the adoption in February 2010 of new labour legislation for the private sector, a Consultative Committee for Labour Affairs was established by Ministerial Order No. 132/a of 2010. The Committee is presided over by the Ministry of Labour and Social Affairs and is composed of Government representatives, as well as representatives of employers and of workers. The Government also states that it intends to communicate to the Committee all decisions and recommendations formulated by the new Consultative Committee after it holds its first meeting. The Committee welcomes the Government’s intention to provide information on these developments and hopes that the Government will provide in its next report detailed information on the consultations held by the Consultative Committee for Labour Affairs on the matters relating to international labour standards covered by Article 5(1) of the Convention.
Effective tripartite consultations required by the Conventions. The Committee notes the Government’s report, received in September 2009. The Government indicates that, in the context of the application of the principle of tripartite consultation, sections 92 and 93 of Act No. 38 of 1964 concerning the Labour Code for the private sector refer to a labour affairs advisory commission, which comprises representatives of the Ministry of Social Affairs and Labour and other ministries and also representatives of employers’ and workers’ organizations. This commission is responsible for issuing advisory opinions on labour legislation. The Ministry of Social Affairs and Labour is responsible for the publication of decrees regulating the composition of this commission and also its working methods. The Government has not supplied any information on the setting up of the advisory commission provided for by the Labour Code, or any other information on the tripartite consultations relating to international labour standards required by the Convention. The Committee requests the Government to supply a report containing detailed information on the consultations held on each of the matters relating to international labour standards set out in Article 5(1) of the Convention, stating their object and frequency, and also to indicate the nature of any reports or recommendations made as a result of the consultations.
Article 6. Working of consultative procedures. The Government indicates that the Ministry has not received any report but that it will take account of the recommendation to draw up an annual report on consultative procedures. The Committee requests the Government to keep it informed of any new developments in this respect.
Tripartite consultations required by the Convention. The Committee recalls its previous comments in which it took note of the establishment of a committee to discuss international labour standards. The Committee requests the Government to provide further information in its next report on the content and outcome of the tripartite consultations held on each of the matters concerning international labour standards, listed in Article 5, paragraph 1, of the Convention.
Working of consultation procedures. The Committee again requests the Government to indicate whether annual reports are issued on the working of the consultation procedures and, if so, to provide a copy of the reports which are produced during the period to be covered by the next report. If not, please provide information on the consultations held with representative organizations on this matter (Article 6).
[The Government is asked to reply in detail to the present comments in 2009.]
1. Tripartite consultations required by the Convention. The Government indicates in its report received in August 2006 that a Committee on Domestic Labour in the Private Sector was set up by Order No. 568 of 2005 of the Council of Ministers, and that a committee responsible for amending the draft Labour Code governing the private sector was set up by Ministerial Decree No. 168 of 2003. The Government further indicates that Ministerial Order No. 184 of 1999, which the Committee already noted in its 2005 direct request, established a committee to discuss international labour standards. The Committee notes the Government’s statement that the establishment of these committees is evidence that the principle of tripartite consultation is applied in Kuwait, and requests the Government in its next report to provide more specific information on the content and outcome of the tripartite consultations held, particularly in the committee to discuss international labour standards, on each of the subjects listed at Article 5, paragraph 1, of the Convention.
2. Working of consultation procedures. The Committee refers to the comments it has been making since 2003 and again requests the Government to indicate whether annual reports are issued on the working of the consultation procedures and, if so, to provide a copy of the reports produced during the period covered by the next report. If not, please provide information on the consultations held with representative organizations on this matter (Article 6).
1. Tripartite consultations required by the Convention. In its report received in September 2004, the Government indicates that tripartite consultations were held to examine collective labour disputes, as well as within the framework of the revision of the Labour Code. The Government states that, with regard to the tripartite consultations required under Article 5, paragraph 1, of the Convention, the questionnaire on occupational safety and health, as well as the text of the Conventions and Recommendations adopted by the Conference in 2003, were transmitted to the social partners in order that they might formulate their comments. The Committee invites the Government to continue to provide information on the consultations held, especially within the Committee, which was established by virtue of Ministerial Decree No. 184 of 1999, on each of the issues listed under Article 5, paragraph 1, of the Convention, during the period covered by the next report, specifying their aim, frequency and the nature of all reports or recommendations resulting from these consultations.
2. Operation of the consultative procedures. The Committee again requests the Government to indicate whether the representative organizations have been consulted with regard to the operation of the procedures set out in the Convention and, if need be, to inform it of their outcome. It recalls that Article 6 does not impose the presentation of an annual report, but requires that tripartite consultations be organized in order to determine whether there is a need to issue such a report or not. The 2000 General Survey specifies in this regard that the annual report could in particular include information on the make-up of consultative bodies, the number of meetings they held, the issues included on their agendas, the proposals made and the results obtained (paragraph 131).
1. The Committee notes the Government’s first report on the application of the Convention, received in November 2002. The Government indicates in its report that a standards committee holds the consultations required by the Convention. The Committee would be grateful if the Government would continue to provide information on the consultations held during the next reporting period on all of the subjects listed in paragraph 1 of Article 5 of the Convention (in particular on the matters referred to in subparagraphs (a),(b) and (e)), indicating the nature of any reports or recommendations made as a result of the consultations.
2. The Committee would be grateful if the Government would also indicate in its next report whether training on the functioning of tripartite consultations has been considered necessary or has taken place (Article 4, paragraph 2) and on any consultations held with the representative organizations on "the working of the procedures" provided for in the Convention (Article 6).