Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 81) sur l'inspection du travail, 1947 - Koweït (Ratification: 1964)

Autre commentaire sur C081

Observation

Demande directe

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Article 4 of the Convention. Organization and functioning of the labour inspection system under the supervision and control of a central authority. The Committee notes that section 133 of Labour Law No. 6 of 2010 (the 2010 Labour Law) states that a resolution of the Minister of Labour and Social Affairs shall designate officials to implement the Law, and that these officials shall have the capacity of judicial officers. In this regard, the Committee notes the Government’s statement that it has recently established the Public Authority for Manpower, responsible for labour affairs. Section 3 of Law No. 109 of 2013 establishing the Public Authority for Manpower states that the functions of this Authority shall include the supervision of the labour force in the private sector and the oil sector, and that labour inspectors shall have enforcement powers for this purpose. Section 2 provides that this Authority shall be supervised by the Minister of Labour and Social Affairs. The Committee asks the Government to provide information on the impact of the adoption of the 2010 Labour Law and the establishment of the Public Authority for Manpower on the organization and operation of the labour inspection system. In this regard, it requests the Government to provide an up-to-date organizational chart of the labour inspection system and to describe its structure and functioning.

Articles 5(a) and 21(e). Effective cooperation between the inspection services and the judicial authorities. The Committee notes the Government’s statement that, in view of the recent establishment of the Public Authority for Manpower, it is in the process of putting in place a mechanism intended for recording the judicial decisions rendered on contraventions reported by labour inspectors. The Committee requests the Government to continue to provide information on the measures taken to promote an effective cooperation between the inspection services and the judicial authorities, in light of the recommendations contained in its general observation of 2007, and to provide information on the impact of the establishment of a mechanism for recording judicial decisions on contraventions reported by labour inspectors, once in place.

Article 7. Training of inspection staff in relation to general conditions of work. The Committee notes the Government’s statement that, with regard to training, it has held several workshops. This included a workshop on labour inspection held in 2011 in collaboration with the ILO, as well as a workshop on the role of the labour inspectorate in combating forced labour and human trafficking, held in 2014. The Government further indicates that it is currently formulating a plan on training courses. The Committee asks the Government to provide a copy of the plan on training courses, once completed. It also requests that the Government provide information on the implementation of this plan, including the subjects of the courses provided to labour inspectors, the duration of the training and the number of participants.

Article 12(1)(a). Scope of the right of free entry of inspectors into workplaces liable to inspection. The Committee notes that pursuant to section 134 of the 2010 Labour Law, officials designated to supervise the implementation of the Law shall have access to establishments during official working hours in order to inspect their records and register and request data and information. In this regard, the Committee draws the Government’s attention to paragraph 270 of its 2006 General Survey on labour inspection, where it explained that the protection of workers and the technical requirements of inspection should be the primary criteria for determining the appropriate timing of visits, and that this may warrant inspections outside of working hours. In this respect, the Committee requests that the Government provide information on any measures taken or envisaged to ensure that the powers of entry of labour inspectors are extended to any hour of the day or night regardless of the working hours of the workplaces liable to inspection, in line with Article 12(1)(a) of the Convention.