A/50/476
English
Page 9
5.
The main causes of the problems encountered by domestic employees
are the practices of employment agencies in the countries of origin; these
agencies exploit their recruits and give them inaccurate information about
the tasks awaiting them in the countries in which they are to work, which
explains some of the difficulties.
6.
Since Kuwait applies the laws of the market and imposes no
restrictions on transfers of funds by foreign workers, remittances from
such workers to their families have become one of the main sources of
income for their countries of origin, making a substantial contribution to
the growth of national economies and, in the view of the leaders of these
countries, to the improvement of the standards of living of the employees
themselves.
7.
Aware of their responsibilities towards this category of workers,
the Kuwaiti authorities are endeavouring to ensure decent living conditions
for them within Kuwaiti society and to protect their rights.
An outline of the provisions adopted in this area follows:
(a) In 1993, the Council of Ministers adopted decree No. 320/1993
establishing a commission consisting of representatives of the Ministries
of Foreign Affairs, of the Interior, of Social Affairs and Labour, of
Information and of Trade; the commission’s mandate is to consider all the
problems posed by the employment of domestic workers and to establish
general guidelines with a view to a definitive solution of these problems
that would take into account legal and humanitarian considerations.
The Commission transmitted to the Council of Ministers numerous
recommendations on the basis of which the latter adopted decree No. 387/93,
in which it:
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Requested the Ministries of Finance and of the Interior to study
to what extent it would be possible to advance to each domestic
worker an amount corresponding to the cost of travel back to his
country and then claim reimbursement from his employer. Thus in
July 1993, the State paid for the travel of 400 domestic workers;
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Instructed the Ministry of Trade and Industry to prosecute
agencies whose activities consist of bringing in domestic workers
in violation of the regulations and laws in force and of their
obligations under the licences granted to them.
(b) The Ministry of the Interior has established a new unit dealing
with employment agencies for domestic workers whose task is to reorganize
the sector and safeguard the rights of employees, both while they are in
service and following the expiry of their contracts, taking into account
the responsibilities of the employer, who must, inter alia, pay the
employee’s wages and cover his travel costs.
(c) In order to guarantee the rights of this category of employees,
Act No. 40 of 1993 concerning the reorganization of employment agencies and
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