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

Labour Inspection Convention, 1947 (No. 81) - Kuwait (Ratification: 1964)

Other comments on C081

Observation
  1. 2006
  2. 1999

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Article 3(1) and (2) of the Convention. Labour inspection activities concerning the enforcement of legislation in relation to the employment of foreign workers. In reply to the Committee’s previous request, the Government indicates that the Public Authority of Manpower, through a special committee, was able to examine the grievances of workers who received contraventions for practising work other than the one they were authorized to do. As a result, during the period from January to August 2024, more than 407 workers who changed their work, had their contraventions lifted by the above-mentioned committee. In addition, the Government indicates that in 2024 more than 35,000 workers benefited from the grace period aimed at regularizing workers who violated the law on residence. The Government also provides information on the overall number of inspections conducted between January and August 2024. The Committee requests the Government to provide information on the activities conducted by labour inspectors with regard to the control of work permits of foreign workers, and to indicate the number of foreign workers without work permit identified by labour inspectors and the number of those workers that were assisted in finding a regular employment.
Article 5. Effective cooperation between the inspection services and the judicial authorities and other Government services engaged in similar activities. The Committee notes the Government’s indication that the Public Authority of Manpower cooperates with the Ministry of Interior and the Ministry of Trade in conducting inspections and detecting and addressing violations. With reference to its 2007 general observation,the Committee requests once again the Government to provide information on the number of cases referred to the judiciary by labour inspectors, the judicial decisions issued concerning these cases and the manner in which inspectors are informed of the outcome of these proceedings.
Article 7. Training of inspection staff. In reply to the Committee’s previous request, the Government indicates that the Public Authority of Manpower pays great attention to the training of labour inspectors. Labour inspectors are trained on national, international laws and regulations related to labour and inspection. The Committee notes that the list of training mentioned by the Government in its reply was not provided as an annex, despite being stated as such. The Committee requests the Government to provide more detailed information on the training provided to labour inspectors for the performance of their duties.
Article 12(1)(a). Free entry of inspectors into workplaces liable to inspection. The Committee notes the Government’s indication that inspectors have the capacity of law enforcement officers in order to monitor the implementation of the law, regulations and decisions related to labour, in accordance with section 133 of Law No. 6 of 2010 on work in the private sector and Law No. 109 of 2013 related to the Public Authority of Manpower. The Government indicates that section 3 of Law No. 109 of 2013 provides that labour inspectors shall have law enforcement capacity. The Government also indicates that labour inspectors can enter freely, without previous notice, during official working hours at undertakings and workplaces, in accordance with section 6(i) and section 8(i) and (ii) of Ministerial Decree No. 203 of 2011 related to the appointment of employees specialized in monitoring the implementation of labour laws. The Committee recalls once again that, according to Article 12(1)(a) of the Convention, labour inspectors shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee requests the Government to indicate whether in practice labour inspectors can enter freely and without prior notice workplaces outside their official working hours. The Committee also requests the Government to provide information on any measures taken in order to ensure compliance with this Article of the Convention.
Articles 20 and 21. Labour inspection report. The Committee notes the Government’s indication that work is ongoing for the preparation of the labour inspection report and that this will be transmitted as soon as it is issued. The Committee requests the Government to ensure that the labour inspection report is compiled, published and transmitted to the Office in accordance with Article 20 and that it contains all the information required by Article 21(a)–(g).
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