LABOUR RIGHTS INDEX 2022

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LRI 2022
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lri 2022 Country Profiles

Kuwait

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 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 โ€œTotal Lack of Decent Workโ€ to โ€œDecent Workโ€. 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 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Kuwaitโ€™s overall score is 61 out of 100. The overall score for Kuwait is lower than the regional average observed across the Middle East and North Africa (61.26). Within the Middle East and North Africa region, the highest score is observed for Morocco (79.5).

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 2022

61/100

LRI Country Score

0/100

Trade Union Indicator

- %

Trade union density rate (%)

- %

Collective bargaining coverage rate (%)

2.51

SDG indicator 8.8.2

4

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

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

No

0

ยง43, Constitution 1962; ยง46 & 98-110, Labour Law for Private Sector 2010; CEACR C87 Obs. 2021

B

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

No

0

ยง111-122 of the Labour Law for Private Sector (Law No. 6 of 2010); USDOS CRHRP 2021

D

Does the law provide for the right to strike?

No

0

ยง44 of the Constitution of Kuwait 1962; ยง129 of the Labour Law for Private Sector (Law No. 6 of 2010)

A

Does the law prohibit employers from terminating employment contracts of striking workers?

No

0

USDOS CRHRP 2021

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 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

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).ย https://labourrightsindex.org/ย ย 

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100.ย 

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.ย 

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.ย 

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.ย 

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the worldโ€™s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workersโ€™ rights. Violations are recorded each year from April to March.ย  For a detailed description of ratings and methodology, please follow the link.ย 

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Violations

ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
CEACR C87 Obs. 2021

Article 2 of the Convention. Migrant workers. In its previous comments, the Committee had requested the Government to recognize the right of migrant workers to establish and join organizations of their own choosing. The Committee notes that the Government indicates that the Labour Law No. 6 of 2010 does not prohibit migrant workers from establishing or joining organizations, and that the conditions set for admission of migrant members to trade unions in Ministerial Order No. 1 of 1964, namely holding a work permit and having resided in the country for at least five years, are not discriminatory but merely organizational. The Government further indicates that the work permit shows that the worker is lawfully residing in the country and specifies the type of occupation on the basis of which a request to join the union is made. The Committee recalls in this regard that it had already noted that section 99 of the Labour Law of 2010 limits to Kuwaiti workers the right to establish a trade union organization. It further recalls once again that the right of workers, without distinction whatsoever, to establish and join organizations of their own choosing implies that anyone residing in the territory of a State, whether or not they have a residence permit, benefits from the trade union rights provided for by the Convention, without any distinction based on nationality or the absence thereof. Therefore, the Committee urges the Government to: (i) amend section 99 of Labour Law of 2010 by removing the condition of Kuwaiti nationality for establishing a trade union organization; (ii) repeal the provisions of Ministerial Order No. 1 of 1964 requiring migrant workers to have a work permit and to have resided in the country for five years in order to join a trade union organization, and; (iii) remove any other legal or practical impediment to the free exercise of the right of migrant workers to establish or join organizations. The Committee further requests the Government to keep it informed of the measures taken in this regard.

Violations

US Department of States' Country Reports on Human Rights Practices 2021 (USDOS)
USDOS CRHRP 2021

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.

Violations

National Labour Legislation
ยง129 of the Labour Law for Private Sector (Law No. 6 of 2010)

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.

Violations

US Department of States' Country Reports on Human Rights Practices 2021 (USDOS)
USDOS CRHRP 2021

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 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. The government did not effectively enforce the law. Public-sector workers do not have the right to strike. Citizens in the private sector have the right to strike, although cumbersome provisions calling for compulsory negotiation and arbitration in the case of disputes limit that right. The law does not prohibit retaliation against striking workers or prevent the government from interfering in union activities, including the right to strike.