Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
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LRI 2024
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Kuwait

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Kuwait’s overall score is 61 out of 100. The overall score for Kuwait is lower than the regional average observed across Middle East and North Africa (64). Within the Middle East and North Africa region, the highest score is observed for Morocco (77).

Kuwait ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1961 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 2007.

Labour Rights Index 2024

61/100

LRI Country Score

0/100

Freedom of Association Indicator

. %

Trade union density rate (%)

. %

Collective bargaining coverage rate (%)

2.71

SDG indicator 8.8.2

5

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

No

0

§43, Constitution 1962; §46 & 98-110, Labour Law for Private Sector 2010; CEACR C87 Obs. 2021; ITUC Global Rights Index 2024 (Kuwait Profile); USDOS CRHRP 2023 (Kuwait)

A,D

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§111-122 of the Labour Law for Private Sector (Law No. 6 of 2010); ITUC Global Rights Index 2024 (Kuwait Profile); USDOS CRHRP 2021(Kuwait)

C,D

Does the law provide for the right to strike?

No

0

§44 of the Constitution of Kuwait 1962; §129 of the Labour Law for Private Sector (Law No. 6 of 2010)

A

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

CEACR C87 Direct Request. 2021 CEACR C98 Obs. 2021; ITUC Global Rights Index 2024 (Kuwait Profile); USDOS CRHRP 2023 (Kuwait)

B,C,D

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §43, Constitution 1962; §46 & 98-110, Labour Law for Private Sector 2010; CEACR C87 Obs. 2021; ITUC Global Rights Index 2024 (Kuwait Profile); USDOS CRHRP 2023 (Kuwait)

A : National Law

National Labour Legislation

"Government employees are apparently denied the right to unionize, as they are excluded from the scope of the 2010 Labor Code, and the special law governing their status contains no provisions on the matter."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Public-sector employees could unionize, but the government authorized only one public-sector labor federation, the Kuwait Trade Union Federation."

Information

Source: §111-122 of the Labour Law for Private Sector (Law No. 6 of 2010); ITUC Global Rights Index 2024 (Kuwait Profile); USDOS CRHRP 2021(Kuwait)

C : ITUC

ITUC Global Rights Index (country legal profile)

"Domestic workers and migrant workers do not have the right to bargain collectively. "

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

""The law provides for the right of citizen workers to form and join trade unions, bargain collectively, and conduct legal strikes, with significant restrictions. The law prohibits trade unions from conducting any political activities. Foreign workers, who constituted more than 80 percent of the workforce, may join unions only as nonvoting members after five years of work in the 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. Migrant workers have the right to bargain collectively at their respective workplace but are not permitted to form trade unions. (...) The law provides workers, except for domestic workers, maritime workers, and public sector employees, a limited right to collective bargaining. There is no minimum number of workers needed to conclude such agreements. ""

Information

Source: §44 of the Constitution of Kuwait 1962; §129 of the Labour Law for Private Sector (Law No. 6 of 2010)

A : National Law

National Labour Legislation

"Article (129) The Arbitration Panel shall hear the dispute within 20 days from the date of submittal of the documents to the Clerks Department. Both disputing parties shall be notified of the date of the session at least one week earlier. The dispute shall be settled within three months after the date of the first session. "

Information

Source: CEACR C87 Direct Request. 2021 CEACR C98 Obs. 2021; ITUC Global Rights Index 2024 (Kuwait Profile); USDOS CRHRP 2023 (Kuwait)

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"C87 Application of the Convention in practice. ................. In order to safeguard the legal certainty of workers who decide to have recourse to strike action, the Committee once again encourages the Government to establish, in consultation with the social partners, a legal framework recognizing the exercise of the right to strike; the Committee recalls that the Government may avail itself of the technical assistance of the ILO and requests it to provide information as to any development in this regard. In the meantime, the Committee requests the Government to ensure that those participating in legitimate peaceful strikes cannot be subject to sanctions, threats or other retaliation, as well as to provide information on the exercise of this right in practice, including the number and nature of strikes called, their sector of activity (in particular if concerning the oil sector or public sector workers not exercising authority in the name of the State), and any administrative or judicial investigations or procedures initiated or conducted in relation to strikes. C98 Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. In its previous observations, the Committee had noted that beyond the general prohibition of anti-union dismissals, national legislation does not provide for effective procedures and dissuasive sanctions against acts of anti-union discrimination and interference. It had therefore urged the Government to take all the necessary measures to bring national legislation into conformity with the Convention. The Committee notes with regret that the Government does not indicate any measures taken in this regard. Therefore, it once again urges the Government to take all necessary measures to ensure that the legislation provides for the prohibition of all acts of anti-union discrimination and interference forbidden by the Convention, and to ensure that there are redress mechanisms that provide adequate protection, including effective procedures and dissuasive sanctions."

C : ITUC

ITUC Global Rights Index (country legal profile)

"Strikers enjoy no protection from possible reprisals by the government. "

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law prohibited antiunion discrimination and employer interference with union functions. The law provided for reinstatement of workers fired for union activity. The law empowered the courts to dissolve a union for violating labor laws or for threatening “public order and morals,” although a union could appeal such ruling. PAM, among other agencies and citizens, could request the Court of First Instance to dissolve a union. Additionally, the amir could dissolve a union by decree. The government treated union worker actions by citizens and foreign workers differently. Citizens faced no government-imposed penalties for their role in union or strike activities, but companies threatened foreign workers calling for strikes with termination and deportation."