KUWAIT RATIFIES NEW PRIVATE SECTOR LABOR LAW

C O N F I D E N T I A L KUWAIT 000167

SIPDIS

STATE FOR DRL AND NEA/ARP

E.O. 12958: DECL: 02/04/2020
TAGS: PGOV PHUM SOCI KWMN KTIP KMPI ELAB KU
SUBJECT: KUWAIT RATIFIES NEW PRIVATE SECTOR LABOR LAW

REF: A. 09KUWAIT1214

B. 09KUWAIT832

Classified By: PolCouns Pete O'Donohue for reasons 1.4 b and d


1. (U) On February 21, Kuwait's new Private Sector Labor Law
entered into force after it was published in the official
gazette, having been approved by Amiri decree on February 10
and unanimously passed by the parliament on December 23 (REFS
A & B). The law, updating its antiquated 1964 predecessor,
contains approximately 70 new articles and amendments which
are expected to benefit most of Kuwait's two million
expatriate laborers -- although the law does not apply to
Kuwait's 500,000 domestic workers. Pressure from the USG,
international organizations and NGOs, and reform initiatives
undertaken by Minister of Social Affairs and Labor (MOSAL)
Dr. Mohammed Al-Afasi are credited with providing the impetus
for the passage of this bill into law. Benefits to private
workers include:

-- more favorable working conditions,
-- longer leaves,
-- higher severance pay,
-- more secure salaries (minimum wage for workers according
to their professions).


2. (U) Of key importance in the amendments is a provision for
the establishment of a state-owned recruitment company to
oversee and manage the importation of foreign labor, a move
intended to eliminate visa trading and illicit recruitment of
foreign workers. (Note: The new law punishes more harshly the
illicit recruitment of workers with up to 3 years
imprisonment and/or raised fines of up to KD 5000. End note).
Although the law does not address the plight of Kuwait's half
million domestic workers, it may pave the way for
consideration of an anti-TIP bill previously approved by the
National Assembly's legislative committee.

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Kuwaiti reactions
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3. (U) Chairman of Kuwaiti Trade Union Federation Khaled
Al-Azmi publicly hailed the law as an "historic
accomplishment." Veteran lawyer Badria Al-Awadi was less
optimistic, telling Emboff on February 21 that the law has
lots of loopholes and that everything hinges on how well (or
poorly) the GoK decides to enforce the provisions. Kuwait
Women's Social and Cultural Society leader Lubna Al-Kazi took
a moderate stance, telling Emboff on February 21 that,
"There's room for improvement in the law, but any step
forward is a good step."

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For more reporting from Embassy Kuwait, visit:
visit Kuwait's Classified Website at:

http://www.intelink.sgov.gov/wiki/Portal:Kuwa it
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WILLIAMS