Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Kuwait (Ratification: 1961)

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

A Government representative stated that temporary workers employed for a period of less than six months do have, in practice, weekly rest.

The Employers' members noted that the exclusion from the Labour Law of 1964 concerned not only temporary workers with less than six months' employment but also workers in enterprises employing fewer than five persons, and that the case had been discussed for some years. Observing that there was no question of the Convention, they asked why the Government did not adjust the legislation, if a weekly rest period was in practice guaranteed.

The Workers' members also stated that the legislation should be changed to comply with the Convention. They requested clarification as to whether the draft Labour Code mentioned earlier by the Government representative covered this issue. They stressed the importance of weekly rest for workers and stated that the principle could not differ because of the size of an enterprise or of the temporary nature of employment. They pointed out that, because many of the temporary workers are from foreign countries, the issue of temporary workers was a matter of migrant workers.

The Government representative stated that, even though the Labour Law provides for the exception of temporary workers with less than six months' employment, it is not logical to expect workers to continue working for six months without rest, and that Friday is a day off in the country for religious reasons. He confirmed that the draft law in question provides for a weekly rest period of 24 consecutive hours for all the workers.

The Committee took note of the information provided by the Government representative. It understood that the changing of the Labour Law in the private sector had been drafted. It invited the Government to send a copy of the draft to the ILO at its earliest convenience in order that the Committee of Experts can make a full assessment of the steps having been taken to bring the legislation into complete conformity with the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 8 of the Convention. Temporary exemptions. In its previous comment, the Committee requested the Government to explain how it is guaranteed in law and in practice that work on the weekly rest day is authorized only in the exceptional conditions as specified in Article 8(1) of the Convention. In its reply, the Government refers to sections 64 to 66 of the Labour Law No. 6 of 2010 setting out the conditions under which overtime hours may be authorized during working days whereas Article 8 of the Convention refers to cases where workers are exceptionally required to perform work on a weekly rest day. The Convention permits such exceptions only in case of accident, urgent work to premises or equipment, force majeure, in order to prevent loss of perishable goods, or in the event of abnormal pressure of work. The Committee again requests the Government to indicate how it is ensured that temporary exceptions to the normal weekly rest scheme are authorized only for the reasons specified in this Article of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 6 of the Convention. Weekly rest. The Committee notes the adoption of the new Labour Code for the private sector (Law No. 6 of 2010), in particular section 67 which provides that workers are entitled to a paid weekend which is equal to 24 continuous hours after every six working days. Noting that the Labour Code does not specify the weekly rest day, which according to the Convention should coincide, wherever possible, with the day of the week established as a day of rest by the traditions or customs of the country, the Committee requests the Government to clarify how effect is given to this requirement of the Convention.

Article 8. Temporary exemptions. The Committee notes that section 67 of the new Labour Code for the private sector provides that the employer may call the worker for work on the day of his/her weekly rest if necessity arises, without however specifying the cases in which performance of such work may be considered necessary. Recalling that the Convention permits temporary exemptions from the normal weekly rest scheme only for well-defined reasons, such as accident, force majeure, urgent work necessary to avoid serious interference with the ordinary working of the establishment, abnormal pressure of work due to special circumstances and the need to prevent the loss of perishable goods, the Committee requests the Government to explain how it is guaranteed in law and in practice that work on the weekly rest day is authorized only in the exceptional conditions specified in Article 8(1) of the Convention.

Finally, the Committee draws the Government’s attention to the conclusions of the ILO Tripartite Meeting of Experts on Working-Time Arrangements, held in October 2011, according to which the provisions of existing ILO standards relating to daily and weekly hours of work, weekly rest, paid annual leave, part-time and night work, remain relevant in the 21st century, and should be promoted in order to facilitate decent work. The Experts also emphasized the importance of working time, its regulation, and organization and management, to: (a) workers and their health and well-being, including opportunities for balancing working and non-work time; (b) the productivity and competitiveness of enterprises; and (c) effective responses to economic and labour market crises.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2 of the Convention. Scope of application. The Committee notes with satisfaction the amendment of section 2 of the Labour Code of 1964 for the private sector so as to extend its coverage to temporary workers employed for a period of not more than six months and workers at enterprises employing less than five persons, which also constitutes a positive follow-up to the points raised by the Committee on this point for several years. The Committee also notes the Government’s explanations concerning the categories of workers who are currently excluded from the application of the Labour Code, such as seafarers and workers in the oil industry, since they are covered by specific legislation. In this connection, the Committee notes the Government’s reference to consolidated labour contracts recently prepared for domestic workers. The Committee would appreciate if the Government would provide additional information on the rules applicable to domestic workers with relation to weekly rest and also transmit copies of the consolidated labour contracts applicable to them.

Article 11. List of exceptions. The Committee requests the Government to provide a list of all authorized exemptions (permanent or temporary) to the normal weekly rest scheme set out in section 35 of the Labour Code which gives rise to compensatory rest pursuant to section 1 of Ministerial Order No. 54 of 1982 on weekly rest.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because these instruments continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). Noting that the national legislation giving effect to this Convention applies to all sectors and to all branches of economic activity without distinction, the Committee accordingly invites the Government to contemplate ratifying Convention No. 14 and to keep the Office informed of any decision taken or envisaged in this respect.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Article 2 of the Convention. The Committee recalls that for many years, it has been drawing the Government’s attention to the need to amend section 2 of the Labour Code of 1964, to include temporary workers employed for a period of not more than six months and workers at enterprises employing less than five people within the scope of the Labour Code, in order to grant them a weekly rest period of 24 consecutive hours during the course of each seven-day period. While on several occasions, the Government has given assurances in this respect, no progress has been made with the adoption of the draft Labour Code in the private sector. The Committee once again expresses the hope that the Government will take the necessary measures and requests the Government to inform it on any progress achieved.

With reference to Law No. 2 of 1997 to amend section 2 of the Labour Code of 1964, the Committee requests the Government again to specify the workers "who are provided for by other laws" which are excluded under this provision, and to indicate to the Committee the purpose of this amendment.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s reply to its previous comments.

Article 2 of the Convention. In its previous comments, the Committee noted with interest that temporary workers employed for a period of not more than six months and workers at enterprises employing less than five people are included in the draft Labour Code in the private sector. In its last report, the Government only indicates that domestic workers and other workers covered by specific other regulations are excluded from the scope of the Labour Code (amendment of section 2 of the Labour Code of 1964 by Law No. 2 of 1997). The Committee requests the Government to indicate in its next report the categories of workers excluded and how conformity with the provisions of the Convention is ensured with respect to these workers. Please also supply copies of the relevant legal texts. Furthermore, the Committee hopes that the draft Labour Code in the private sector will be adopted in the near future and asks the Government to keep it informed of any developments in this respect.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee refers to its earlier comments and notes with interest that under the terms of the draft Labour Code in the private sector, which was prepared with the ILO's assistance, provision is made to grant to all workers defined in section 2 of the draft Labour Code, including temporary workers employed for a period of not more than six months and workers at enterprises employing less than five people, a weekly rest period of 24 consecutive hours during the course of each seven day period, in accordance with the provisions of Articles 2 and 6 of the Convention. The Committee asks the Government to keep the ILO informed of any developments with regard to the adoption of the Labour Code and hopes that the Government's next report will indicate to what extent national legislation is in conformity with the fundamental provisions of the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 2 of the Convention. For several years the Committee has been drawing the Government's attention to the need to adopt provisions to guarantee a weekly rest period of 24 consecutive hours for workers covered by the Convention but excluded from the Labour Law (Private Sector) of 1964, namely temporary workers employed for a period of less than six months and workers in enterprises employing fewer than five persons. At the Conference Committee in 1992, the Government indicated that a draft law under consideration provides for a weekly rest period of 24 consecutive hours for all workers, including the previously described workers. The Committee invited the Government to send a copy of the draft law mentioned above so that it could fully assess the steps taken to bring the legislation into complete conformity with the Convention.

The Committee notes that the Government has not transmitted a copy of the draft legislation, nor has it submitted a report on the application of the Convention. The Committee trusts that the draft legislation will be adopted as soon as possible in order to ensure full compliance with the Convention. It also hopes that the Government will soon indicate the concrete steps taken in this regard and supply copies of the relevant legislative text.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

The Government is asked to report in detail in 1996.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 2 of the Convention. The Committee notes the general information provided in the Government's report. For many years, the Committee has been drawing the Government's attention to the need to adopt provisions to guarantee a weekly rest period of 24 consecutive hours for workers covered by the Convention but excluded from the Labour Law (Private Sector) of 1964, namely temporary workers employed for a period of less than six months and workers in enterprises employing fewer than five persons. The Committee notes that, despite the assurances given on several occasions by the Government, no progress has apparently been made in this respect. The Committee once again expresses the hope that the Government will take the necessary measures.

The Government is asked to supply full particulars to the Conference at its 79th Session.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 2 of the Convention. For many years, the Committee has been drawing the Government's attention to the need to adopt provisions to guarantee a weekly rest period of 24 consecutive hours for workers covered by the Convention but excluded from the scope of the Labour Law (Private Sector) of 1964, namely temporary workers employed for a period of less than six months and workers in enterprises employing fewer than five persons. The Committee notes with regret that, despite the assurances given on several occasions by the Government that it would bring the national legislation on the above points into conformity with the Convention, no progress has yet been made in this respect. The Committee trusts that the Government will not fail to take the necessary measures without delay.