Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its previous comments, the Committee notes the explanations given by the Government in its last report and wishes to refer to the following points.

1. Article 6 of the Convention. In its previous comments, the Committee noted that there is no explicit provision prohibiting employers from limiting in any manner the freedom of the worker to dispose of his wages and that the provisions restricting deductions, attachments and assignments from wages do not cover all the possible ways in which workers can be limited in their freedom to dispose of their wages. The Committee notes that, according to the Government's indications in its report, practice over the years has revealed no inadequacies in the legislation in guaranteeing the freedom of the worker to dispose of his wages. The Committee notes the Government's statement that its comments will be transmitted to the National Congress and requests the Government to inform it of the measures that have been taken or are envisaged to bring the law that is in force into conformity with the Convention and with national practice.

2. Article 8. The Committee notes the Government's explanations. In this connection, the Committee notes the Government's statement that the deductions that may be made from the wages of workers are for very small amounts (such as, deductions for compulsory social security contributions), with the possible exception of their debts. The Committee considers that, precisely to avoid the risk of this possibility with regard to the debts referred to by the Government, measures should be adopted to lay down an overall limit to the amount of deductions which may be made from the worker's wages. The Committee requests the Government to inform it of the measures that it is considering adopting in order to provide the above protection for the wages of workers.

3. Article 9. The Committee notes the Government's statement that a future legislative reform could be the occasion on which to bring national legislation into conformity with the provisions of this Article of the Convention. While noting the explanations given by the Government concerning the provisions of the national legislation which are related to this Article of the Convention, the Committee hopes that the Government will take the necessary initiative to undertake the above legislative reform and to bring national legislation into conformity with the provisions of the Convention.

4. Article 10. The Committee recalls that, having analysed the various provisions of the laws mentioned by the Government, it found that they did not give effect to this Article of the Convention. The Committee therefore once again states that it would be grateful if the Government would inform it whether it considers it necessary to take steps to establish an upper limit to the total amount of the attachment(s) to which the wages of workers may be liable. The Committee also notes that since there is no provision concerning the assignment of wages, insufficient protection is given to wages. The Committee therefore requests the Government to inform it of the measures that have been adopted or are envisaged in this connection to give effect to this Article of the Convention.

5. Article 13, paragraph 1. The Committee recalls that, when noting the explanations given by the Government in its previous report, it suggested that the Government should, when possible, take the steps that it considers to be necessary to bring the national legislation into conformity with the provisions of the Convention. The Committee therefore hopes that the Government will inform it in due course of the measures that have been adopted for this purpose.

6. Article 14. The Committee recalls that it suggested that the Government should consider, when possible, introducing legislative measures to give effect to this Article. The Committee therefore hopes that the Government will supply information in its next report on the measures that have been adopted in this respect.

7. Article 15(d). In its previous comments, the Committee requested the Government to indicate the legal texts obliging the employer to maintain records as set out in this Article, and, taking into account the provisions of this Article of the Convention, of the measures that the Government is considering adopting to bring the national legislation into conformity with the provisions of this Article. With regard to the interest expressed by the Government concerning the meaning and scope of this provision, the Committee invites the Government to refer to the preparatory reports for the Convention, from which it may be understood that the intention of the Conference was to establish machinery for effective supervision by the labour inspectorate regarding the protection of wages. The Committee also once again requests the Government to indicate which legislative measures are necessary, are under consideration or have been adopted, to give effect to the provisions of the Convention.