Here There and Everywhere

The law protects the right of workers to form and join trade unions, conduct legal strikes, and bargain collectively, with significant restrictions. The law does not apply to public-sector employees, domestic workers, or maritime employees. Discrete labor laws set work conditions in the public and private sectors, with the oil industry treated separately. The law permits limited trade union pluralism at the local level, but there was only one government-authorized federation, the Kuwait Trade Union Federation (KTUF). The law also stipulates any new union must include at least 100 workers, and that at least 15 of the total must be Kuwaiti citizens.

The law provides workers a limited right to collective bargaining, excepting domestic servants, maritime workers, and civil servants. There is no minimum number of workers needed to conclude such agreements.

Public-sector workers do not have the right to strike. Private-sector workers have the right to strike, although cumbersome provisions calling for compulsory negotiation and arbitration in the case of disputes limit that right. Legal strikes require permission from the Ministry of Interior, which was rarely granted. The law does not prohibit retaliation against striking workers or prevent the government from interfering in union activities, including the right to strike.

The law prohibits antiunion discrimination and employer interference with union functions, and provides for reinstatement of workers fired for union activity.

However, the law empowers the courts to dissolve any union for violating labor laws or for threatening “public order and morals,” although a union can appeal such a court decision. The Ministry of Social Affairs and Labor can request the Court of First Instance to dissolve a union. Additionally, the emir may dissolve a union by decree.

Foreign workers, who constitute approximately 85 percent of the workforce, may join unions only as nonvoting members after five years of work in the particular sector the union represents, provided they obtain a certificate of good conduct and moral standing from the government. They cannot run for seats or vote in board elections. Both the International Labor Organization and the International Trade Union Confederation criticized the citizenship requirement for discouraging unions in sectors that employ few citizens, including much of private-sector employment, such as construction.

The government enforced applicable laws, and procedures were generally not subject to lengthy delay or appeals.

Although the law restricts freedom of association and collective bargaining rights, the government did not always enforce these limits. For example, according to KTUF, the government did not consistently enforce the requirement that foreign workers have at least five years working in Kuwait in a specific sector prior to joining a union.

The government also treated worker actions by citizens and noncitizens differently. While citizens and public-sector union leaders and workers faced no government repercussions for their roles in union or strike activities, companies directly threatened noncitizen workers calling for strikes with termination and deportation.

The government did not respect freedom of association and the right to collective bargaining. Worker organizations were generally not independent of the government, and the government interfered in union activities. The government essentially treated licensed unions as parastatal organizations, providing as much as 90 percent of their budgets and inspecting financial records; if a union ceases to exist, the government confiscates its assets.

While the National Trade Union Federation petitioned the government for official recognition during the year, it did not receive a license by year’s end.

The law prohibits forced or compulsory labor “except in cases specified by law for national emergency and with just remuneration,” but the government did not effectively enforce the law.

Forced labor and conditions indicative of forced labor occurred in practice, especially among migrant workers. Such practices were usually a result of employer abuse of the sponsorship system for noncitizen workers. Employers frequently and illegally withheld salaries from domestic workers and minimum-wage laborers.

Domestic servitude was the most common type of forced labor, principally involving foreign domestic workers employed under the sponsorship system, but forced labor in the construction and sanitation sectors also existed. Forced labor conditions for migrant workers included nonpayment of wages, long working hours, deprivation of food, threats, physical and sexual abuse, and restrictions on movement, such as withholding passports or confinement to the workplace. There were numerous media reports throughout the year of domestic workers being abused by their sponsors or sustaining significant injuries while trying to escape from their sponsors; some reports alleged abuse resulted in workers’ deaths. Female domestic workers were particularly vulnerable to sexual abuse. Police and courts were reluctant to prosecute citizens for abuse in private residences.

See also the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip.

The law prohibits child labor. The legal minimum age for employment is 18 years; however, employers may obtain permits from the Ministry of Social Affairs and Labor to employ juveniles between 15 and 18 years old in some nonhazardous trades. Juveniles may work a maximum of six hours a day with no more than four consecutive hours followed by a one-hour rest period. Juveniles cannot work overtime nor between 7:00 p.m. and 6:00 a.m.

Although it was not extensive, there were credible reports of child labor by domestic servants of South Asian origin and Bidoon children. Some underage workers entered the country on travel documents with falsified birth dates.

Bidoon children as young as seven worked long hours as street vendors, sometimes under dangerous conditions, according to reports by human rights NGOs. Their need to provide for their families often led to poor educational performance or abandoning school.

The government made efforts to enforce the law effectively. Approximately 300 Ministry of Social Affairs and Labor inspectors routinely monitored private firms for labor law compliance, including laws against child labor. Noncompliant employers faced fines or a forced suspension of their company operations. However, the government did not enforce child labor laws in informal sector occupations, such as street vending.

The law sets the national minimum private-sector wage at 60 dinars ($216) per month.

The law limits the standard workweek to 48 hours (40 hours for the petroleum industry), and gives private-sector workers 30 days of annual leave. The law also forbids requiring employees to work more than 60 hours per week or 10 hours per day. The law provides for 13 designated national holidays annually. Workers are entitled to 125 percent of base pay for working overtime and 150 percent of base pay for working on their designated weekly day off.

The government issued occupational health and safety standards. For example, the law provides that all outdoor work stop between 11 a.m. and 4 p.m. during June, July, and August or times when the temperature rises to more than 120 degrees Fahrenheit in the shade.

The law and regulations governing acceptable conditions of work do not apply to domestic workers. The Ministry of Interior has jurisdiction over domestic worker matters.

The Ministry of Social Affairs and Labor was responsible for enforcement of wage and hour, overtime, and occupational safety and health regulations. However, enforcement by the ministry was poor, especially with respect to unskilled foreign laborers.

Approximately 500 labor inspectors monitored private firms. The government periodically inspected enterprises to raise awareness among workers and employers and to ensure they abided by existing safety rules, controlled pollution in certain industries, trained workers to use machines, and reported violations.

The Ministry of Social Affairs and Labor monitored work sites to ensure compliance with rules banning summer work and recorded hundreds of violations during the year. Workers could also report these violations to their embassies, the KTUF, or the Labor Disputes Department. Noncompliant employers faced warnings, fines, or forced suspensions of company operations, but these were often not substantial enough to deter violators.

Workers submitted complaints to the Ministry of Social Affairs and Labor’s Labor Disputes Department; however, the government did not enforce the standards uniformly.

At times the Ministry of Social Affairs and Labor intervened to resolve labor disputes between foreign workers and their employers. The Ministry of Social Affairs and Labor’s labor arbitration panel sometimes ruled in favor of foreign laborers who claimed violations of work contracts by their employers. The government was more effective in resolving unpaid salary disputes involving private-sector laborers than those involving domestic workers. However, during the year the Ministry of Interior’s Department of Domestic Labor Office collected 8,340 dinars ($30,000) owed to 71 domestic workers by their employers.

Foreign workers were vulnerable to unacceptable conditions of work. Domestic servants and other unskilled foreign workers in the private sector frequently worked substantially in excess of 48 hours a week, often with no day of rest.

Since labor standards did not apply to domestic workers, such workers had little recourse when employers violated their rights. There were no inspections of private residences, the workplace of the majority of the country’s domestic workers, nor did the government make significant efforts to address working conditions for these workers. Reports commonly indicated employers forced domestic workers to work overtime without additional compensation. There were frequent reports of domestic workers committing or attempting suicide due to desperation over abuse or poor working conditions.