Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee, while noting that the Government's report has not been received, takes note of the discussion which took place in the Conference Committee in 1992.

The Committee recalls that for several years it has been drawing attention to a number of discrepancies between the Labour Code (Act No. 38 of 1964) and the Convention, in particular:

(1) the prohibition on establishing more than one trade union for a given establishment or activity and the membership requirement of at least 100 workers in order to establish a trade union (section 71 of the Act) and ten employers to form an association (section 86);

the requirement that trade unions may federate only if they represent the same occupation or industries producing similar goods or providing similar services (section 79);

the prohibition on organizations and their federations from forming more than one general confederation (section 80);

the system of trade union unity instituted by sections 71, 79 and 80 read together;

(2) the requirement that non-Kuwaiti workers must reside in Kuwait for five years before joining a trade union; the requirement that a certificate of good reputation and good conduct must be obtained in order to join a union; the denial of the right to vote and to be elected of trade unionists who are not of Kuwaiti nationality, except to elect a representative whose only right is to express their opinions to the trade union leaders (section 72);

(3) the prohibition on trade unions from engaging in any political or religious activity (section 73);

(4) the requirement that a certificate must be obtained from the Minister of the Interior stating that he has no objection to any of the founder members before a trade union may be established; and the requirement that at least 15 members must be Kuwaiti before a union may be established (section 74);

(5) the wide powers of supervision of the authorities over trade union books and records (section 76);

(6) the reversion of trade union assets to the Ministry of Social Affairs and Labour in the event of dissolution (section 77);

(7) the restriction on the free exercise of the right to strike (section 88 of the Labour Code).

In a previous observation, the Committee noted that a draft Labour Code repealing several provisions contrary to the Convention (sections 71, 72, 73, 74 and 79) was being prepared. The Committee notes from the Conference discussions that the Committee which had been set up in Kuwait in order to carry out a final study on drawing up a draft Labour Code, had finished studying the draft Code which was being submitted to the competent authority. According to a government representative, the Government would make every effort to submit sufficient information concerning the application of the Convention and to make the revision of the Labour Code of 1964 one of the priorities of the competent authority in order to reorganize the society of the country.

The Committee accordingly trusts that the Government will take the necessary measures to bring its legislation into full conformity with the Convention in the very near future and requests the Government to keep it informed of developments in this respect. The Committee further requests the Government to provide it with a copy of the draft Labour Code along with its next report.