Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 2, paragraph 1, of the Convention. Scope of application. 
(a) Seasonal workers. In its previous comments, the Committee noted that a draft Labour Law amending Act No. 38 of 1964 on labour in the private sector (Act No. 38 of 1964) was being discussed by the national authorities. The Committee observed that the Government had been referring to the enactment of the draft Labour Law for a number of years, and expressed the firm hope that it would be adopted in the near future. The Committee notes the Government’s statement that the draft project of the Labour Law is before the legislative authority (Majlis al-Ummah). The Committee notes the Government’s indication that the draft project of the Labour Law was discussed in its entirety during the Majlis al‑Ummah’s first session and that it will soon be promulgated. The Committee requests the Government to provide a copy of the Labour Law, once it is adopted.

(b) Domestic workers. The Committee previously noted that Act No. 38 of 1964 excluded domestic workers from its scope of application, and requested the Government to provide a copy of Order No. 640 of 1978 taken by the Minister of the Interior (attached to the regulations putting into effect the Foreigners’ Residence Act), in addition to a copy of the model contract for the employment of domestic workers. The Committee notes that these documents were submitted with the Government’s report. The Committee also notes with interest that pursuant to section 5(3) of Order No. 640 of 1978, the minimum age for domestic workers is 20 years of age.

(c) Self-employment and street children. The Committee previously requested the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside of an employment relationship. It also requested the Government to provide information on the situation of street children, in particular with regard to their age, number and the types of work they undertake. The Committee notes the Government’s statement that there are no street children in Kuwait. Nonetheless, the Committee notes that, according to the information in the summary record for the 1,301st meeting of the Committee of the Rights of the Child (CRC) on 24 January 2008, a member of the CRC noted that the numbers of street children and refugee children had recently increased significantly in Kuwait (CRC/C/SR.1301 paragraph 9).

The Committee reminds the Government that the Convention applies to all branches of economic activity and that it covers every kind of employment or work, including work performed by children and young persons performed on their own account. The Committee urges 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.

Minimum age for admission to employment or work. The Committee previously noted that under the terms of section 18 of Act No. 38 of 1964, the minimum age for admission to employment or work is 14 years, although the minimum age specified by the Government at the time of ratifying the Convention is 15 years. The Committee noted the Government’s information that section 18 of the draft Labour Law in the private sector has specified 15 years as the minimum age for admission to employment or work so as to bring the national legislation into conformity with the Convention. The Committee requests the Government to take the necessary measures to ensure that the draft Labour Law is adopted in the near future.

Article 9, paragraph 3. Registers of employment. The Committee previously noted that, pursuant to section 3 of Ministerial Decree No. 148 of 2004 regulating the employment of young persons between 14 and 18 years of age, the employer of these young persons shall keep an up to date record of the names, ages and date of employment, as well as the type of work, of his/her employees. It requested the Government to provide a copy of the model register used by employers. Noting an absence of information on this point in the Government’s report, the Committee once again requests to the Government to provide a copy of the model register used by employers.

Part V of the report form. Application of the Convention in practice. The Committee previously requested the Government to provide the Office with a copy of the statistical compilation for employees in the private sector of 2006. The Committee notes the copies of statistics on labour inspections submitted with the Government’s report, including the statistical compilation of 2006. The Committee notes that in 2006, the labour inspectorate recorded one violation (in the commercial, restaurant and hotel sector) of section 19 of Act No. 38 of 1964, which sets forth the terms under which persons between the ages of 14 and 18 may be employed. The Committee requests the Government to continue to provide information on the practical application of the Convention, including, for example, statistical data on the employment of children and young persons, as well as extracts from the reports of inspection services and information of the number and nature of contraventions reported.

The Committee also once again requests the Government to keep it informed of progress made in enacting the draft Labour Law. In this regard, it hopes that due consideration will be given to all the comments made by the Office on the draft Labour Law.