Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Kuwait

Hours of Work (Industry) Convention, 1919 (No. 1) (Ratification: 1961)
Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) (Ratification: 1961)
Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) (Ratification: 1961)

Previous comment on Convention No. 1

Previous comment on Convention No. 30

Previous comment on Convention No. 106

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work (industry)), 30 (hours of work (commerce and offices)) and 106 (weekly rest (commerce and offices)) together.

Hours of work

Article 6(1)(b) and (2) of Convention No. 1 and Article 7(2), (3) and (4) of Convention No. 30. Temporary exceptions. Limit on the number of additional hours. Compensation for overtime. 1. Public sector. Following its previous comments, the Committee notes the Government’s indication, in its report, that Ministerial Order No. 34/1977 was repealed and replaced by Civil Service Decision No. 12 of 2012 on compensation for overtime assignment and the shift systems. In this regard, the Committee notes that: (i) section 1 of the above-mentioned Decision allows overtime as required by practical necessities and the interest of work; and (ii) the Decision does not establish the maximum number of additional hours that may be authorized daily and yearly. In addition, it notes the Government’s reference to Decision No. 42 of 2016 on compensation for overtime, which sets out the amount of compensation for overtime per day according to the number of scheduled hours, and that it provides that: (i) it is not permissible to exceed the amount of compensation scheduled for the day, even if the worker’s overtime hours exceed two hours; (ii) the worker is not entitled to any compensation if the overtime work per day is less than an hour on official workdays and rest days, and less than two hours on Fridays and official holidays; and (iii) the government entity may not exceed the maximum limit for overtime compensation during the fiscal year.

Given the above, the Committee recalls: (i) the importance of restricting recourse to exemptions from normal hours of work to cases of clear, well-defined and limited circumstances, such as accidents, actual or threatened, force majeure or urgent work to plant or machinery (2018 General Survey on working time, para. 119); (ii) that Convention No. 30 requires the establishment of a reasonable limit for additional hours, not only per day but also per year; and (iii) that Article 6(2) of Convention No. 1 and Article 7(4) of Convention No. 30 require a rate of pay for overtime hours that is 25 per cent higher than the normal pay, even in the cases where compensatory time off is granted (2018 General Survey on working time, para. 158). Therefore, the Committee requests the Government to take the necessary measures to ensure that, in the public sector: (i) recourse to additional hours is restricted to clear and well-defined circumstances; (ii) the maximum number of additional working hours is fixed; and (iii) all additional working hours are effectively remunerated in conformity with the Conventions. The Committee also requests the Government to provide information on any progress made in this regard.

2. Private sector. Further to its previous comments, the Committee notes that the Government once again refers to section 66 of Law No. 6/2010 concerning labour in the private sector, which permits overtime when necessary to meet work demands that exceed daily required work. In this regard, referring to its comments above concerning the public sector, the Committee recalls that overtime shall only be authorized in limited circumstances, in accordance with the Conventions. Noting the absence of additional information in this regard, the Committee requests the Government to take the necessary measures, including any amendments to Law No. 6/2010 concerning labour in the private sector, to ensure that recourse to additional hours in the private sector is restricted to clear and well-defined circumstances. The Committee also requests the Government to provide information on any progress made in this regard.

Weekly rest

Article 8 of Convention No. 106. Temporary exemptions. Further to its previous comments, the Committee notes that the Government refers in its report to section 67 of Law No. 6/2010 concerning labour in the private sector and indicates that the worker has the right not to work on the weekly rest day, except in the circumstance foreseen in Article 8(a), (b) and (c) of the Convention. The Committee notes once again that section 67 of the above-mentioned law provides that, when necessary, the employer can make a worker work on the weekly rest day if the work conditions so require. While noting the Government’s indication, the Committee requests the Government to take the necessary measures, including any amendments to the national legislation, to ensure that temporary exceptions to the normal weekly rest scheme are authorized, in law and in practice, only in the cases specified in Article 8(a) to (c) of the Convention, in consultation with the representative employers’ and workers’ organizations concerned.