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

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Kuwait (Ratification: 1963)

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s indication that that Kuwait’s Vision 2035 and Third National Development Plan 2020–2025 attach great importance to social and economic development through the policies, programmes, initiatives and seven thematic pillars that support the Vision through the development of public policies, including support for participation, social and economic integration and policies for youth, women and persons with disabilities, and by rebalancing the social protection system and transition to a sustainable protection system. The Committee further notes that, according to the Third National Development Plan, Kuwait is preparing itself to transition into a knowledge economy and to enable this change, it needs to develop the right skills, labour market structures and incentives. The Committee requests the Government to continue to provide detailed updated information on the impact of the measures implemented, in particular in the framework of Kuwait’s Vision 2035 and the Third National Development Plan and subsequent plants, to ensure that “the improvement of standards of living” is regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention).

Part III. Migrant workers. The Government states that the Private Sector Employment Act No. 6 of 2010 makes no distinction with regard to the nationality or residence status of workers and that its provisions apply to all workers without discrimination. The Government considers that the aforementioned Act is of great importance in deterring employers who are tempted to try to violate workers’ rights, prevent them from accessing their rights, or even deny them the advantages accorded to them by law. The Government further states that Kuwait has implemented comprehensive social support and protection programmes, leading to a substantial decline in income inequality and ensuring all access to basic health and social services. The Government adds that Kuwait’s Vision 2035 and Third National Development Plan 2020–2025 attach great importance to social and economic development. The Committee notes that the Third National Development Plan includes “Initiative 5”, which seeks to create a smart foreign labour admission system that attracts highly skilled workers and reduces the share of low-skilled workers.

While it takes due note of this information, the Committee notes that the Private Sector Employment Act No. 6 of 2010 in principle prohibits employers from hiring foreign workers unless duly authorized to do so by public authorities (section 10). In spite of this, the Committee notes from the Decent Work Country Programme for Kuwait 2018–2020 that the Kuwaiti labour market is strongly segmented, with the majority of the workforce being comprised of non-nationals and representing 82 per cent of the total workforce; the majority of nationals being employed in the public sector, that is 74 per cent and in high-paying parts of the private sector (incl. finance, insurance, mining). The private sector, which employs the majority of migrant workers, generally provides wages and benefits that are well below public sector standards or at least those accepted by Kuwaiti nationals. The Committee further notes that in its concluding observations on the fourth periodic report of Kuwait, the UN Human Rights Committee (HRC) noted with concern reports of widespread abuse, exploitation and ill-treatment of, and discrimination against, migrant domestic workers, practices that were enabled by the kafala sponsorship system (document CCPR/C/KWT/CO/4, dated 22 November 2023, paras 30 and 31). The HRC considered that Kuwait should, among other measures, intensify its efforts to ensure the strict enforcement of legislation and regulations protecting migrant workers (including domestic workers) from the practice of passport retention by employers, increase the frequency of labour inspections and repeal the kafala sponsorship system (ibid.). In view of the above, and referring to the objective of the Convention to effectively promote steps to interest and associate the population in the framing and execution of measures of social progress as well as measures to promote improvements in such fields as, inter alia, housing, nutrition, conditions of employment, the remuneration of wage earners and independent producers, social security, as well as the protection of migrant workers, the Committee requests the Government to indicate how the Kuwait’s Vision 2035 and Third National Development Plan 2020–2025 address the issues related to the significantly lower standards of living of migrant workers in the country.

Part IV. Remuneration of workers.Minimum wage. In its previous comments, the Committee requested the Government to provide more detailed information on how effect is given to paragraphs 3 (information about minimum wage rates) and 4 (remedies to recover amounts underpaid) of Article 10 of the Convention. In response, the Government indicates that Article 56 of the Private Sector Employment Act No. 6 of 2010 establishes that wages shall be paid on a working day in legal tender, taking into account that workers paid on a monthly basis shall be paid at least once per month and that other workers shall be paid at least once every two weeks, and that payment of wages may not be delayed by more than seven days. The Government adds that with regard to minimum wage rates, Article 36 stipulates that the Minister shall issue a decision every five years at the latest setting the minimum wage following consultation with the Consultative Committee on Labour Affairs and the competent organizations. With regard to the legal means for the recovery of unpaid wages, the Government indicates that workers have only to file a labour complaint with the Public Authority for Manpower, either on the Authority’s website or in person at one of its offices, for the matter to be investigated and for the two parties to the dispute (the worker and the employer) to be convoked. In this case, the complaint will be settled amicably by mutual consent or referred to the courts should no agreement be reached. The Committee takes due note of this information and requests the Government to continue to provide information on how effect is being given in practice, to paragraphs 3 (information about minimum wage rates) and 4 (remedies to recover amounts underpaid), of Article 10 of the Convention, including by providing statistical data and examples of measures undertaken. In particular, the Government is requested to supply detailed information on the measures ensuring that the employers and workers concerned are informed of the minimum wage rates in force as well as the number of complaints filed by workers regarding non-payment of minimum wages, the number of cases settled mutually and the number of complaints referred to the courts, and the outcomes.

Article 11. Protection of wages. In its previous comments, the Committee requested the Government to provide information on measures taken to ensure that workers were informed of their wage rights. The Government states that the Public Authority for Manpower is committed to raising awareness among migrant workers and informing them of their rights at work and means of redress should they encounter any violation of their rights and that it performs awareness campaigns, which include printing pamphlets and leaflets in several languages for workers that are displayed during awareness campaigns and events. These pamphlets and leaflets include a pamphlet on Act No. 6 of 2010 (Arabic–English), a pamphlet on the Domestic Workers Act No. 68 of 2015 (Arabic–English), a leaflet on the rights and duties of migrant workers in Kuwait (in seven languages), and an introductory pamphlet on the Public Authority for Manpower (Arabic–English). The Government adds that the Public Authority for Manpower has participated in events to explain its role in raising awareness among workers in Kuwait and participates to the extent possible in all human and workers’ rights activities to disseminate awareness messages and respond to questions from the public. As regards the measures taken to prevent any unauthorized deductions from wages, the Government indicates that Article 139 of the Private Sector Labour Act No. 6 of 2010 provides that in the event of a violation of Article 57, the employer shall be subject to a fine not exceeding the total amount of entitlements in arrears claimed by workers, without prejudice to his duty to pay such entitlements to workers. The Government considers that the aforementioned Article serves as a deterrent to employers. The Government also refers to Article 35, which regulates the penalties applicable by employers to workers and provides that the employer shall affix in a conspicuous location at the workplace a schedule of penalties applicable to workers who commit violations. The Government adds that these articles provide for a gradual scale of penalties and the non-duplication of penalties for the same violation in order to prevent any unauthorized deductions from wages. It refers to Article 37, which establishes the procedure to be followed. The Government states that this enables workers to protect themselves and defend their wages and entitlements at the workplace even before a deduction is made. The Committee requests the Government to provide further detailed information on the manner in which the provisions of Act. 6 related to deductions made by employers are implemented in practice, indicating whether, in applying these deductions, due process principles are observed and wishes to draw the Government’s attention in this respect to Paragraphs 2 and 3 of the Protection of Wages Recommendation, 14 (No.85). The Government is also requested to provide information on the specific measures taken to prevent any unauthorized deductions from wages (Article 11(8)(b) of the Convention) and the measures to avoid abusive wage deductions, as well as statistical information and description of administrative processes, including the situation of penalties applicable by employers to workers.

Article 12. Advances on the remuneration of workers. In its previous comments, the Committee noted that section 59(1) of Act No. 6 of 2010 essentially reproduced the text of section 31 of Act No. 38 of 1964, which was insufficient to fulfil the specific requirements of Article 12(2) of the Convention. The Government’s last report states that the payment of advances to a worker to encourage him to accept work is not an established practice in Kuwait, that if this occurs it is as agreed between the employer and the worker, and that the Public Authority for Manpower has no records of labour complaints regarding advances from employers. The Committee notes that the absence of a practice of advances paid to workers does not exempt the Government from the obligation to comply with the Convention. The Committee reiterates that the Convention requires that the Government take measures to limit the amount of advances which may be made to a worker in consideration of the worker’s taking up employment (Article 12(2)). In addition, the Convention provides that any advance in excess of the maximum amount of an advance indicated by the Government has to be made legally irrecoverable by the competent authority; moreover, this advance may not be recovered by the withholding the remuneration due to the worker at a later date (Article 12(3)). The Committee urges the Government to indicate the measures taken or envisaged to amend Act No. 6 of 2010in order to give full effect to Articles 12(2) and 12(3).