Expat workers not allowed to form labor unions

KUWAIT: Citizens and expatriates are not yet allowed to form their own workers' organizations or labor unions in Kuwait. However, according to the new labor law, employers have been granted the right to organize. Kuwaiti workers are only allowed to form a syndicate organization, which is not applicable to expatriate workers. By definition, a syndicate organization is an association of people or firms authorized to undertake a duty or transaction on a specific business. Experts believe that a syndicate organization's rights are far different from the ones exercised by labor unions. A short definition of the term 'labor union' by an English dictionary states that it is an organization of workers joined to protect their common interests and improve working conditions.

Iftikar, a worker from Pakistan, said that the new law's stance is clearly pro-employers and pro-Kuwaitis, especially in terms of forming organizations or unions. "This is of course a clear violation of our rights as expatriates. As if we are not a part and will not be affected by whatever decisions are made in the company. The law is very selective; the law pertaining to labor unions discriminates expatriates against local workers," he said.

Iftikar explained that expat workers are often victims of injustice or unfair treatment at many workplaces in Kuwait. They are barred from forming an association that can help them express their own rights not only as workers but also as human beings. Chapter Five, Section One, Article 99 states: "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.

The abovementioned paragraph, according to some law experts, appears to have been made deliberately, with foreign workers' rights overlooked with the aim of catering to Kuwaiti-only rights. Hamoud, a bedoon worker, said that he was disappointed to read the provisions stipulated in the Chapter Five, Section One of the labor law. "We need badly need unions in Kuwait to protect us. The problem here is that nobody listens to one or two complaints only. They would be alarmed if the union pushes for workers' rights.

If you are alone or maybe comprise a group of five people, I don't think, the company will bother to listen to your demands. They can easily replace you with the caliber of worker anyway. So why bother to listen to your complaints? I believe the new law is biased towards the employer and is not very beneficial to the foreign workers," he said.

The procedures that should be observed to establish 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. Furthermore, Article 101 demands specific objectives and goals for the organization they want to form. The organizations that will be formed as well are not allowed engage in political, religious and sectarian matters. They are also prevented from investing money in financial, real-estate speculations, or other forms of money matter talk. They should not accept gifts and donations without the approval of the Ministry as well. - Ben Garcia, Staff Writer, Kuwait Times, March 25, 2010