The right to establish trade unions and federations of Kuwaiti business owners is guaranteed in accordance with the Labor Law in the Private Sector No. 6 of 2010, which granted the right to all Kuwaiti workers to form among themselves unions that take into account their interests, work to improve their material and social situation and represent them in all their matters, as well as granting employers Businesses have the right to form associations for the same purposes.
Procedures to be followed in establishing trade unions and employers’ federations
The procedures for establishing trade unions and federations of employers must follow the following:
- A meeting of a number of workers wishing to establish a union or a number of business owners wishing to establish a union in the capacity of a constituent general assembly for either of the two parties by announcing this in at least two daily newspapers for a period of no less than two weeks from the date of the meeting of the general assembly, specifying the place and time of the meeting and its goals.
- The constituent general assembly approves the bylaws of the articles of association of the trade union or the employers’ federation, and it may be guided in this by the model regulation issued by a decision of the Minister of Social Affairs and Labour.
- The Constituent Assembly elects the Board of Directors in accordance with the provisions contained in its articles of association.
Articles of association of trade unions and employers federations
The articles of association of trade unions and federations of business owners set out the objectives and purposes for which they were established, as well as the conditions for their membership, the rights and duties of their members, the contributions they collect from their members, the functions of the ordinary and extraordinary general assembly, the number of members of the board of directors, terms of membership, duration and competence, and the rules related to the budget, as well as the procedures for amending the budget. It also shows the procedures for amending articles of association, the procedures for dissolving it, and how to liquidate its funds, as well as the records and books maintained by the union or federation, and the basis for self-monitoring.
Deposit the incorporation papers with the Ministry of Social Affairs and Labor
The Kuwaiti Labor Law requires the labor union’s board of directors and the elected federation of business owners to file the founding papers of the union or federation with the Ministry of Social Affairs and Labor within fifteen days from the date of its election. Complete and up-to-date with the Ministry of Social Affairs and Labor.
Monitoring by the Ministry of Social Affairs and Labor of trade unions and employers associations
The Kuwaiti Labor Law grants the Ministry of Social Affairs and Labor the right to guide and direct trade unions and employers’ federations to correct the procedures for their establishment and to complete the founding papers before their declaration. Law.
The Ministry also has the right to guide labor unions and employers’ federations towards the proper application of the law, and how to register in their respective financial records and books, and to guide them towards remedying any deficiency in the data and restrictions recorded therein.
Respecting the laws and practicing activities within the limits of the statute of the union or federation
The Kuwaiti Labor Law obligates workers, business owners and their organizations to respect all laws in force in the State of Kuwait, just like all organizing bodies. It also obliges them to practice their activities within the limits of the objectives set forth in the statute of trade unions and employers’ federations without exceeding or deviating from these objectives.
Businesses that unions are prohibited from doing
The Kuwaiti Labor Law prohibits unions from doing the following:
- Preoccupation with political, religious or sectarian issues
- Investing its money in financial, real estate or other types of speculation
- Donations and bequests are accepted only with the knowledge of the Ministry of Social Affairs and Labor
Unions opened restaurants and canteens to serve workers
The Kuwaiti Labor Law grants trade unions the right to open canteens and restaurants to serve workers within the framework of the institution, after the approval of the employer and the concerned authorities in the State of Kuwait.
Formation of labor unions and a general union of business owners
In the Kuwaiti Labor Law, the legislator has permitted the registered trade unions to form between them federations that take into account their common interests, and it is also permitted for the registered employers’ federations to have a general federation, with a condition that there should not be more than one general federation for each of the workers and business owners. Federations and the General Federation with special procedures for the formation of unions.
Joining Arab or international federations
Federations, the General Federation, and trade unions have the right to join Arab or international federations that they see as having their interests linked to them, provided that they inform the Ministry of Social Affairs and Labor of the date of their joining, taking into account that joining is not contrary to the public order or the public interest of the State of Kuwait.
Dissolution of trade unions and federations of employers
In the Kuwaiti labor law, the legislator permitted the voluntary dissolution of trade unions and federations of business owners, which is issued by a decision of the general assembly in accordance with the statutes of the union or federation, and the fate of its funds is determined after its liquidation according to the decision taken by the general assembly in the event of voluntary dissolution.
It also authorized the dissolution of the board of directors of the union or federation by filing a lawsuit from the Ministry of Social Affairs and Labor before the High Court, to issue a ruling to dissolve the board of directors in the event that it performs an act in violation of the provisions of the Labor Law and the laws related to maintaining public order and morals, and this judgment may be appealed within 30 days from The date of its issuance by the Court of Appeal.
Follow-up on the affairs of trade unions and employers’ associations with employers
The employer is obligated to provide the workers with all decisions and regulations related to their rights and duties, and the employer may assign one or more members of the board of directors of the union or the federation to follow up on the affairs of the union with the employer or the concerned authorities in the State of Kuwait.
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