Direct Request (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)
Night Work (Women) Convention (Revised), 1948 (No. 89) (Ratification: 1961)

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 89 (night work (women)) together.

Hours of work

Article 2 of Convention No. 1 and Article 3 of Convention No. 30. Limits on normal hours of work. The Committee notes that section 64 of Law No. 6/2010 concerning labour in the private sector sets out a limit of eight hours of work a day or 48 hours a week, with a limit of 36 hours a week during the month of Ramadan. The Committee recalls that the Conventions set a double limit – daily and weekly – on hours of work and that this limit is cumulative, not alternative (2018 General Survey on working time, para. 119). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that a daily limit of eight hours of work and a weekly limit of 48 hours is established in law and practice.

Articles 2(b) and (c), 4 and 5 of Convention No. 1 and Articles 4 and 6 of Convention No. 30. Variable distribution of normal hours of work within a week or over periods longer than a week. 1. The Committee notes the Government’s reference in its report to Civil Service Decision No. 12 of 2012 on compensation for overtime assignment and the shift systems. In this regard, the Committee notes that section 5 of the above-mentioned Decision, amended by Decision No. 35 of 2019, and section 5 bis, amended by Decision No. 26 of 2023, refer to shift work. The Committee requests the Government to clarify: (i) the scope of application of Civil Service Decision No. 12 of 2012 on compensation for overtime assignment and the shift systems (in particular, to specify the categories of workers to which it applies); (ii) the daily and weekly limits to hours of work during shifts both on average (if applicable) and in any single day and week; and (iii) the reference period over which average weekly and daily hours (if appliable) are calculated.

2. Oil sector. The Committee notes section 5 of Oil Sector Labour Law No. 28 of 1969, which provides that the average working hours shall be 40 per week during the shift cycle. The Committee requests the Government to provide information on how section 5 of the Oil Sector Labour Law is applied in practice, including the reference period used to calculate the average and the weekly and daily limits to hours of work in any single day and week.

Article 6(1)(b) and (2) of Convention No. 1 and Article 7(2) and (3) of Convention No. 30. Temporary exceptions. Limit on the number of additional hours. Oil sector. Further to its previous comments, the Committee notes the Government’s indication that according to section 4 of Law No. 6/2010 concerning labour in the private sector, this law shall apply to the oil sector unless there is a specific provision in the Oil Sector Labour Law or the provision in Law No. 6/2010 is more beneficial to the worker. It indicates that, consequently, the 180-hour annual limit on overtime regulated by Law No. 6/2010 is also applied in the oil sector. The Committee notes this information, which addresses its previous request.

Night work

Article 3 of Convention No. 89. Prohibition of night work for women. Further to its previous comments, the Committee notes the Government’s indication that the Public Authority for Manpower is currently working, through the Committee responsible for amending Law No. 6/2010 concerning labour in the private sector, to submit a proposal for the deletion of sections 22 and 23 of the above-mentioned law, which prohibits night work for women between 10 p.m. and 7 a.m. as well as the employment of women in dangerous, hard or harmful to health trades and work. It also indicates that this will pave the way towards bringing national legislation into conformity with the Night Work Convention, 1990 (No. 171). Acknowledging the measures taken by the Government to amend its national legislation, including with a view to bringing it into line with the Night Work Convention, 1990 (No. 171), the Committee encourages the Government to continue pursuing its efforts in this regard. The Committee also recalls that Convention No. 89 will be open for denunciation between 27 February 2031 and 27 February 2032.