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

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

Articles 1, 2 and 6 of the Convention. Protection against acts of anti-union discrimination and interference in the public sector. The Committee previously noted that public sector workers are covered by Chapter V on Collective Labour Relations as prescribed by section 98 of Labour Law No. 6 of 2010, but that, however, the Labour Law did not provide concrete protection against acts of anti-union discrimination and interference for public sector workers. The Committee notes that the Government indicates that there is virtually no anti-union discrimination against public sector workers and all civil servants enjoy legal and judicial protection as a redress mechanism. Recalling once again that national legislation should expressly provide for protection against all acts of anti-union discrimination and interference which includes effective procedures and dissuasive sanctions as well as redress mechanisms, the Committee requests the Government to take all necessary measures to ensure that the legislation provides protection against anti-union discrimination and interference and adequate redress mechanisms for public sector workers.

Articles 4 and 6. Collective bargaining in the public sector. The Committee had previously noted the 2017 International Trade Union Confederation’s (ITUC) observations referring to the absence of consultation with oil sector workers when a new pay scale resulting in cuts in wages and benefits was introduced. The Committee notes the Government’s indication that sections 111–132 of the Labour Law concerning collective labour disputes cover public sector workers including workers in the oil sector, but that the Government has neither provided information on the application in practice of the right to bargain collectively in the public sector nor on the ITUC’s observations. Recalling that the Convention applies to the public servants not engaged in the administration of the State, the Committee requests the Government to provide information on the application in practice of the right to bargain collectively in the public sector, and to send its comments replying to the ITUC’s observations on issues raised in the oil sector.