2013 Annual Survey of Violations of Trade Union Rights - Kuwait

Threats to terminate employment for participating in union activities: Threats to terminate workers for participating in union activities were made by the chief of the highest legislative body of the Kuwaiti Government. In March 2012, a senior state official, Al-Saraawi, head of the Religious Edict and Legislation Department, suggested that protesting workers from the Customs Department and Kuwait Airways be dismissed en masse for participating in a week long work stoppage. Al-Saraawi stated that the government may take disciplinary measures against workers whose strike has a negative impact on the interests of the public. Abdurrahman Al-Sumait, Head of the National Union of Kuwait Workers and Employees, expressed his disappointment at the statements which violate international obligations signed by Kuwait.

Insufficient legal protection against anti-union discrimination: Labour Code (Act No. 6 of 10 February 2010) provides that workers shall not be dismissed on the basis of their trade union activities. But the law does not protect workers from acts of discrimination or interference by employers or the authorities.

Restriction of fundamental civil liberties: Article 104 of the Labour Act prohibits unions from interfering in political, religious and sectarian issues. Ministry of Justice Workers Union Chairperson Ahmad Al-Mutairi warned that unions would engage in civil disobedience if the government went ahead with its plan to activate Article 104. Al-Mutairi warned that all public utilities would be disrupted if the government dissolved any union.

The Kuwait Trade Union Federation (KTUF) has called for national dialogue to address the growing crisis in the country between various segments of society. Political opposition has attempted to mobilise around the jailing of three former MPs for three years for insulting the Emir. Labour unions have rejected calls for demonstrations launched by the opposition.