Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Kuwait (Ratification: 2007)

Scope of application of the Convention. Migrant and domestic workers. The Committee refers to its observation on the application of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), with respect to the restrictions to the trade union rights of migrant workers. The Committee stresses once again that these restrictions seriously affect the ability of migrant workers to exercise the rights recognized in the present Convention. Concerning domestic workers, the Committee recalls that they are excluded from the scope of the Labour Law and that Law No. 68 of 2015 on Employment of Domestic Workers does not contain any provisions concerning the right to organize and collective bargaining. The Committee notes with regret the absence of progress in this respect.

While duly noting the information concerning the establishment of an employment office for migrant workers in affiliation with the Kuwait Trade Union Federation, and the Government’s signing of bilateral memoranda of understanding with labour-sending countries to protect migrant workers, the Committee notes that the Government has not provided information on trade union organizations established and collective agreements in force for the mentioned workers. The Committee therefore once again urges the Government to: (i) take the necessary measures, in consultation with the representative social partners, to reform its legislation in order to ensure the full recognition of the rights enshrined in this Convention for migrant and domestic workers; and (ii) provide information on the way in which these workers exercise in practice the rights set out in the Convention, including information on trade unions established and collective agreements concluded.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee previously noted that beyond the general provisions found in article 43 of the Kuwaiti Constitution and section 46 of the Labour Law, national legislation did not provide adequate protection from anti-union discrimination and interference. The Committee notes that the Government indicates that section 119 of the Labour Law prohibits discrimination which leads to termination of service based on trade union membership or activity. The Committee observes, however, that section 119 concerns workers’ exclusion or withdrawal from trade unions and not termination of their service by employers.

The Government further indicates that workers under the Labour Law enjoy protection from mistreatment, termination of service or conditions for employment as a result of their trade union affiliation, and that trade unions are also protected from interference from the Government in law and in practice. The Committee notes however that the legislation does not contain explicit provisions that: (i) protect workers against anti-union discrimination acts other than dismissals, such as using trade union affiliation as a cause for mistreatment during employment or as a condition at the time of recruitment; and (ii) protect workers and employers organizations against any acts of interference by each other, such as acts aiming to place workers’ organizations under the control of employers or employers’ organizations by financial or other means.

The Committee once again recalls that the Convention requires the adoption of specific legislative provisions in relation to anti-union discrimination and interference, which include sufficiently dissuasive sanctions and notes with regret the lack of progress by the Government in this regard. In view of the above, the Committee once again urges the Government to: (i) take all necessary measures to ensure that national legislation provides for the prohibition of and adequate protection from all acts of anti-union discrimination and interference; and (ii) ensure that there are adequate redress mechanisms and effective procedures in place to protect workers from acts of anti-union discrimination and interference. The Committee requests the Government to provide information on any progress in this respect.

Article 4. Promotion of collective bargaining. Compulsory arbitration. The Committee notes the Government’s indication that section 131 of the Labour Law, which gives the Ministry the right to unilaterally refer a dispute to a conciliation committee or arbitration board, is an exception used solely to ensure the functioning of public utilities and to protect the interests of society. The Committee reiterates that compulsory arbitration is acceptable only in cases of: (i) essential services, the interruption of which would endanger the life, personal safety or health of the whole or a part of the population; (ii) disputes involving public servants engaged in the administration of the State; (iii) the situation of a deadlock after protracted and fruitless negotiations; or (iv) an acute crisis (see the 2012 General Survey on the fundamental Conventions, paragraph 247). Duly noting the Government’s indication that all provisions of the Labour Law are being examined in consultation with social partners, the Committee urges the Government to amend sections 131 and 132 of the Labour Law as well as other provisions allowing compulsory arbitration to ensure their full conformity with the above-mentioned principles and to provide information of any developments in this regard.

Promotion of collective bargaining in practice. The Committee notes the Government’s indication that 26 collective agreements have been concluded so far between 2003 to 2021 in the petroleum and petrochemicals sector. Recalling that the Convention applies to the private sector as a whole and to the public sector workers not engaged in the administration of the State, the Committee requests the Government to take effective measures to promote and encourage collective bargaining across all sectors covered by the Convention and to continue providing information on any collective agreements concluded, the sectors concerned and the number of workers covered therein.