Embedded Files
Freedom of Association and the Right to Collective Bargaining
Freedom of Association and the Right to Collective Bargaining
Kuwait ratified ILO Convention No. 87 (1948) on Freedom of Association and Protection of the Right to Organise in 1961 and Convention No. 98 (1949) on the Right to Organise and Collective Bargaining in 2007.
In 2010, Kuwait enacted a new Labour Code but restrictions on trade union rights remain significant. The right to form or join a union is granted to Kuwaiti nationals but foreign workers are only allowed to join a union; they are barred from electing officers or being elected. Additionally, migrant workers need a certificate of good conduct and moral standing. The law also stipulates that every union needs at least 15 national Kuwaiti members and 100 members in total in order to be certified by the state. This condition affects organising for 80 per cent of the country's workforce. Union membership is further weakened by the exclusion of domestic workers from the Labour Code. The Maritime Act or of the Oil Sector Labour Law also set special rules on unionisation in these two sectors.
The new Labour Code provides for greater trade union pluralism at the grassroots level, but still allows only one union per sector and only one general union, the Kuwait Trade Union Federation (KTUF). The Ministry of Social Affairs and Labour has refused several unions certification because there were other existing unions in the same sector.
Unions are not adequately protected against employer or state actions that aim at limiting union membership and bargaining power. The law protects workers from unfair dismissal on the grounds of union activities but not from other forms of anti-union discrimination. There is no protection against interference by employers and the authorities are allowed to interfere in union activities. Trade unions are barred from conducting activities considered to constitute “political activism”. As the Minister’s approval is needed in order to make investments or receive donations, the government has a strong say in many union actions.
A union can be dissolved in various ways. The courts can mandate the dismantlement of unions deemed to violate laws or threaten public order and morals, or after a demand by the Ministry of Labour. Furthermore, a union can be dissolved by the Emir’s decree.
The right to collective bargaining is recognised only for the private sector. In the public sector, the government engages in “consultation” with the Government Workers’ Federation on issues raised by public workers, but not in collective bargaining. Even in the private sector collective bargaining rarely takes place. The restrictive conditions on organising of foreign workers as well as on registering new unions, the restriction of proper bargaining procedures for the public workers, the lack of protection against antiunion discrimination and the general anti-union stance of the government make collective bargaining exceptional.
In the private sector, in the event of an unresolved dispute, the union or the employers can ask for the Ministry’s mediation and in case mediation fails the dispute is then referred to a compulsory arbitration court, a two-month procedure that must be exhausted before industrial action is possible. Even then unions need permission from the Ministry of Interior before declaring a strike. When a strike begins, there is no legal protection for strikers against retribution by state or employers. These conditions and lack of protection make it virtually impossible for authorised strikes to take place.
Notwithstanding this, unauthorised strikes and protests take place in Kuwait. In March 2010, some 300 Egyptian employees of a cleaning and contracting company staged a protest against the non-payment of 8 months’ wages. The workers had entered extreme financial distress as they could not afford meals and faced eviction for nonpayment of rent, despite the company’s responsibility to take care of accommodation. The employers threatened the workers with dismissals and deportation. As a response, the government barred two cleaning companies from public procurement tenders for only three months, a measure which is not dissuasive of such behaviour.
The authorities have exercised their powers to stop strikes. In March 2010, the Kuwaiti Council of Ministers took legal action to prevent a strike of the Ports Foundation Workers’ Union which represents 930 workers. The dockers demanded the update of staff benefits and career development policy which was last reviewed in the 1970s. Prior to the call for a strike, the workers had engaged in two years of dialogue and all steps required by law before the decision to call a strike had been taken. In another case, 88 bus drivers of the Public Transport Company were sacked after holding a strike protesting at a wage cut and demanding the payment of an allowance to which 2,900 workers were entitled.
In 2010 and 2011, as in previous years, oil workers, customs officers, and aviation workers held unauthorised strikes. In most of the cases the state authorities took harsh measures against the workers and used replacement workers in an effort to undermine the strikes. In December 2011, the Justice Minister Ahmed Al Mulaifi stated that strikes are prohibited and that international conventions which guarantee workers’ rights are not applicable to him.
Union members are not always genuinely represented by their officials. In September 2010, 200 employees of the Ministry of Communications called for the dissolution of the union’s board of directors and the election of a new board. The board members were accused of denying registering new members, deferring the appointment of new members on the boar and insufficient reporting of activities to the members. In August 2010, undocumented workers from the Philippines accused their employer of unfair labour practices as well as physical and sexual abuse. The authorities claimed that they were not entitled to protection because they were undocumented migrants. All but three workers decided to return to their workplace the next day and one of the three was deported.
The government has made use of the legal restriction on the existence of new unions in sectors where a union already exists. For instance, the government continues to deny recognition to several public sector and oil sector unions because sectoral unions already exist. There is one export processing zone in Kuwait; the Kuwait Free Trade Zone (KFTZ) at Shuwaikh Port. There are no special laws or exemptions from regular labour laws in that zone.
Summary
There are legal restrictions on organising; special limitations on foreign workers bar a large part of the workforce from organising at all. Unions’ bargaining power is further reduced by the anti-union stance of the government and many limitations to the right to strike.
The Kuwait Trade Union Federation is the only national trade union body in the State of Kuwait. Founded in 1968 and affiliated to the International Trade Union Confederation.
The 15 trade unions under the umbrella of the General Federation of Kuwait Workers, according to the emergency general conference held on May 1, 2019, were as follows:
Ministry of Health Workers' Union.
The Kuwait Municipality Workers' Union.
The Trade Union of Workers of the Ministry of Education.
The Union of Workers of the Ministry of Public Works.
The General Administration of the Customs Workers Union.
The Union of Workers of the Ministry of Electricity and Water.
The Union of Workers of the Ministry of Information.
The Union of Workers of the Ministry of Social Affairs and Labor.
The Union of Workers of the Ministry of Transport.
Kuwait Oil Company Employees Union.
The Kuwait National Oil Company Workers' Union.
The Petrochemical Industries Company Workers' Union.
The EQUATE Petrochemicals Workers' Union.
Kuwait Oil Tanker Company Workers' Union.
The Kuwait Gulf Oil Company Workers Union.
Trade Unions formation and activities are strictly controlled. Only one union is allowed to be established for workers in any profession. An employee is not allowed to join in more than one union. For immigrants, a valid work permit and Kuwait work experience of more than five years is a requisite to become a union member.
In case of disputes between employer and some of his employees relating to work, direct negotiations should be first tried out, and an agreement should be in place. It should then be registered with MSAL within seven days. If there is no such deal, MSAL will be requested to intervene by both parties. If the dispute is not settled within 15 days by MSAL, the dispute is then forwarded to Labour Disputes Arbitration Committee in the courts. Each party is permitted to have maximum of three representatives, and any decision made by committee in this regard, is final and binding.
The schedules of workers within the UNIVERSITY will always be set respecting the legal maximum working day of forty-eight days per week (36 in the period of Ramadan), with the right to 30 days of annual vacation and 13 official holidays. In order to exercise the right to vacation, 9 months of previous work are required. In addition, a minimum of 1 day of rest per week is established. All following the statutes written in the legislation.
direction, trust or management, and those who exercise discontinuous or intermittent activities, who must work all the hours that are necessary for the due fulfillment of their obligations without causing a surcharge for supplementary work.
According to the payments, the salaries will be established according to the laws given by the state of Kuwait, having variations depending on professional levels when it comes to faculty, however, at no time AUM will give a lower salary to which each employee of the institution is entitled.
AUM works with a union and academic sense for the integral welfare of its members, with emphasis on the achievement and maintenance of decent working conditions, within the framework of the defense of the public university.
An organization that develops activities of support, advice and representation of its members, with attachment to the exercise of individual and collective rights and duties, with a clear spirit of criticism, self-criticism and independence, contributing to the fulfillment of the political, social, scientific and cultural purposes of the institution.
AUM Values
The six values below encapsulate the bedrock on which the organization's success has been built.
We are dedicated to making a positive difference in our community.
We recognize that character and integrity matter.
We are continuously innovating and improving.
We take ownership for our work and hold ourselves accountable to results.
We deliver through teamwork, built on mutual trust and mutual respect.
We are passionate about our organization.
Kuwaiti laws related to trade unions have been in place for several years, both the public and private sectors comply with these policies and that includes AUM as well.
Workers, Employers Organizations and Syndicate Right:
Article (98)
Article (98)
The right to establish unions for employers and the right to syndicate organization for workers is guaranteed in accordance with the provisions of this Law. The provisions of this chapter shall apply to workers in the private sector. They shall also apply to the workers in the public and oil sectors to the extent that they do not conflict with the provisions of other laws regulating their affairs.
Article (99)
Article (99)
Kuwaiti workers shall have the right to form syndicates to protect their interests, improve their financial and social conditions, and represent them in all affairs related to them. Employers shall also have the right to form unions for the same purposes.
Article (100)
Article (100)
The procedures that shall be implemented for the establishment of the organization are as follows:
1. The employees who wish to establish a syndicate or employers who wish to establish a union shall meet in their capacity as constituent general assembly pursuant to a notice that shall be published in at least two daily newspapers at least two weeks before the date of the general assembly meeting. The announcement shall state the location, time and objectives of the meeting.
2. The general assembly shall approve of the organization’s articles of association and may, in doing so be guided by the model by-law issued by a resolution of the Minister.
3. The constituent assembly shall elect the board of directors in accordance with the provisions of its articles of association.
Kuwait Labor Law in Private Sectors
Kuwait Labor Law in Private Sectors
In the event where the employer entrust another employer with the performance of a task or part thereof under the same conditions, the employer entrusted with the work shall treat his own workers and those of the original employer equally concerning all rights and both employers shall be jointly liable in this regard.
However, it shall be allowed, by a ministerial resolution, to reduce working hours in hard jobs, jobs that are harmful by nature or for severe circumstances.
The collective or group employment contract is the contract which regulates the work conditions and circumstances between one or more labourers trade union or federation, on one hand, and one or more employers or whoever represents them from employer's federations, on the other hand.
The collective or group employment contract should be made in writing and duly signed by the labourer. This contract shall be presented to the general assembly of labourers trade unions and employers federations or both parties, and it should be approved by the members of those organizations pursuant to the provisions of the Articles of Association of the organization.
The collective employment contract should be a limited period contract provided that its term shall not be more than 3 years. If the two contract parties have continued to implement the same after the expiry of its term, then it should be deemed renewed for one year period under the same conditions stated therein unless the contract conditions stipulates otherwise. 35
If either party of the collective employment contract is not desirous to. renew it after the expiry of its term, he shall inform the other party and the competent Ministry in writing at least three months from the contract expiry date. If the contract parties are multiple, then its termination with regard to one party shall not result in its termination with regard to the other parties.
Any condition in the individual employment contract or collective employment contracts which violates the provisions of this law shall be deemed void and null even if it precedes the execution of this law unless such condition is more beneficial to the labourer. 2. Any conditions or agreement signed before or after the enforcement of this law under which the labourer waivers any right granted by this law shall be deemed null and void. Also, any reconciliation or quit- claim deed that comprises a reduction or release from a labourer's rights due to him under the employment contract during its validity period or three months after its expiry shall be null and void whenever it violates the provisions of this law.
The collective employment contract shall be effective only after its registration with the competent Ministry and a summary of which is published in the Official Gazette. The competent Ministry may object to any conditions it deems as violating the law, and the two parties shall amend the contract within 15 days from the receipt of such objection, otherwise the registration application will be deemed as if it did not take place.
A collective employment contract may be concluded at the level of the enterprise, industry or at the national level. If the collective employment contract is concluded at the level of the industry, then it should be signed on behalf of the labourers by the federation of such industry's trade unions. If it is concluded at the national level, then it should be signed by the general federation of labourers. The concluded contract at the industry's level shall be considered as amendment to the contract signed at the enterprise's level; and the contract signed at the national level shall be deemed as amendment to any of the other two contracts, within the limits of the common provisions stipulated therein. 36
The provisions of the collective employment contract shall be applicable to: a)Labourers' trade unions and federations that concluded the contract or joined it after its conclusion. b) Employers or their federations that signed the contract or joined it after its conclusion. c) The trade unions organizing the federation that signed the contract or joined it after its conclusion. d) Employers who joined the federation that signed the contract or joined it after its being concluded.
Labourers' withdrawal or dismissal from the trade union shall not affect their being subjugated and governed by the provisions of the collective employment contract if such withdrawal or dismissal took place subsequent to the date of signing the contract or joining it by the trade union.
11. Article 120
Those who have not entered into contracts from among the labourers trade unions or federations, or employers or their federations, may join the collective employment contract after the publication of its summary in the Official Gazette by the agreement of both parties requesting the accession without any need for taking the consent of the main contracting parties. The accession shall be made by virtue of an application to be submitted to the competent Ministry duly signed by both parties. The approval of the competent Ministry to the accession application shall be published in the Official Gazette.
The collective or group employment contract signed by the firm's trade union shall be applicable to all labourers of the firm even if they are not members of such Trade Union, this shall be without prejudice to the provision of Article (115) of this law in relation to the most beneficial conditions to the labourer. As for the contract signed by a federation or trade union with a specific employer, it shall be effective only to the labourers of the relevant employer. 37
The labourers & employers organizations which are a party of the collective employment contract may file all cases arising out of the breach of the contract conditions in favor of any member of such organization without need for a power of attorney to be issued by him for this purpose
Page updated
Google Sites
Report abuse