KUWAIT CITY, July 27: Kuwait, during the last International Labor Conference, has ratified the Convention on the Elimination of Violence and Harassment by Public and Private Employers, and will come into effect in June 2020, reports Al-Qabas daily quoting sources.
However, this step requires a legal provision for the harassment of men and women, whether verbal or physical or through abuse and violence in any form at work, as Kuwait records these cases in accordance with the Penal Code and its articles on harassment and violence against public officials.
The law enacted by the Kuwaiti legislator should include the protection of the violators and the harassers in the private sector as well as the government sector, since the provisions of the convention are binding on those who signed them and issued by the Public Authority for Manpower (PAM) as a representative of all kinds of employment in Kuwait.
The convention signed by Kuwait states that “violence and harassment at work affect the quality of public and private services and prevent the access of persons, especially women, to the labor market and to achieve progress, as well as their negative impact on the organization of work, facilities and productivity.
The signing was considered an important step to protect workers and people in the area of work, whether those of contract or trainees, professionals, volunteers and job seekers in all sectors, whether in the government or private or the family sector.
It was also necessary to ensure the provision of remedies and support to victims, to provide for penalties, to develop tools, to provide guidance, education and training, as appropriate, and to ensure effective means of investigating the cases of violence and harassment through the labor courts and competent authorities.
It is necessary to adopt laws, regulations and policies guaranteeing the right to equality and non-discrimination between men and women, including women workers, and other persons belonging to one or more vulnerable groups or groups in situations of vulnerability that are disproportionately affected by violence and harassment in the area of work.
Kuwait should also determine its steps to adopt and implement a policy on violence and harassment in consultation with workers and their representatives, taking into account the issue of violence and harassment, accompanying psychosocial risks, identifying risks, assessing risks and providing workers and individuals with training on risks, rights and responsibilities.
Earlier, informed sources had revealed that the country provides many of the terms of the convention through the Center for Shelter of Expatriates affiliated to PAM in cooperation with about six government agencies, including the ministries of Justice, Interior, Health and others. The sources indicated that PAM through the inspection sector, the dispute management and domestic labor departments, receives complaints from workers, whether men or women.
In case it is a ruling to provide shelter for women, this is done through the employment center in Jleeb Al-Shuyoukh, by giving them time to correct their situation or leave the country. Of men, the commission is urgently investigating the complaint and summons the employer and in case of failure to reach an agreement the case is referred to the court but at the same time gives the worker the right to change the work if proven right, noting that Kuwait is achieving what is required as per the second item of article 5 of the Convention.
The Kuwaiti legislator has dealt with sexual crimes or reputation within the provisions of the Kuwaiti Penal Code found in Articles 186 to 204, while dealing with the violence related to the public servant.