E/CN.4/1997/71/Add.2
page 9
35.
Employers often refuse to pay for an employee's ticket home and many
domestic workers have taken refuge at the embassy. Although non-payment of
wages is frequent, it is difficult to prove; an employee may state that his
wages have not been paid for 18 months but, without a pay slip, it is
difficult to provide evidence that can be brought before a court. Nothing can
be done if the employer denies everything.
36.
The solution currently under consideration would entail keeping a record
of wages or, with the consent of the Kuwaiti authorities, requiring part of an
employee's wages to be deposited in a bank account. The Sri Lankan Government
therefore proposes to include in labour contracts a provision stipulating that
employers must pay 80 per cent of their employees' wages into a bank account
in Sri Lanka. Visas issued to immigrants must be communicated to the
Sri Lankan embassy in Kuwait so that the name and address of the sponsoring
families of domestic workers can be recorded. In that regard, it has been
suggested that it would be better for the employer to contact the embassy or
the Dasma Centre to determine whether a missing domestic worker is there
before applying to the police rather than following the reverse procedure,
which is the current practice and results in an arrest.
37.
It must be emphasized that Government employees, even foreign ones, are
usually well treated and receive social benefits such as schooling, health
care and housing free of charge. However, problems arise in large companies,
whose workers are exploited. Of the 20,000 jobs in State cooperatives,
95 per cent are filled by foreigners and 5 per cent by Kuwaitis. There are
agricultural, consumer (central markets, handicrafts and savings) and
investment cooperatives. With few exceptions, wages are not paid and, except
in the petroleum branch, the housing provided by companies in the economic
sector is inadequate; workers responsible for the cleaning and upkeep of
public buildings, squares and streets live in barracks in poor neighbourhoods,
such as Hassaoui and Abbasia. They are housed six or seven to a room, hygiene
is poor, and there is considerable promiscuity. They work two eight-hour
shifts per day and are paid KD 30-35 per month. Before leaving their home
countries, they are required to pay a security to the recruiting agency;
Iranians, for example, pay KD 700-800 for a visa. They are promised high
wages but, on their arrival in Kuwait, their contracts are rewritten. They
are hired for two- to five-year periods and their families are left behind in
their home countries. They are afraid to return home until they have repaid
the money they borrowed to cover their recruitment expenses (visa and travel
costs). It is a vicious circle: without a residence permit, an
“undocumented” migrant worker has no legal right to remain in the country. He
is arrested and taken to Dasma, then transferred to the Talha prison where,
after being held for an indefinite period, he can be expelled or repatriated.
38.
Problems also arise in connection with family situations (for example,
marriage or family reunification). Marriages are registered at the embassies
of those concerned; in the case of Sri Lankans, for example, the Government
must give its authorization and determine that neither of the would-be spouses
is registered as married in the home country. Family reunification rights
vary according to the type of visa. Holders of No. 20 visas, in other words,
domestic workers, may not be joined by their spouses; when two holders of this
type of visa marry, they find it difficult to register and obtain residence
permits for their children. The right to family reunification is contingent