Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest that the Government's detailed report, as well as ample information attached to it, has been received. Further to its previous comments, it requests the Government to supply further information on the following matters.

1. Article 11, paragraph 1, of the Convention. In its earlier direct request, the Committee noted that the Holidays with Pay Order, 1973, section 11(1)(c), requires the employer to keep a record of normal wages, but this appears to mean wage rates (so as to calculate holiday pay) and not the wages actually paid. The Employment (Termination and Redundancy Payments) Act, section 16.1, requires a record to be kept in such form and containing such particulars as may be prescribed, but there is no information on what has been prescribed under this provision. The Minimum Wage Act (as amended), section 11(b), requires records to be kept to show compliance with the Act (i.e. to pay wages at not less than the minimum rate).

The Committee recalls that Article 11, paragraph 1, of the Convention requires that the necessary measures be taken to ensure the proper payment not only of the minimum wage but of all wages earned. The Committee thus requests the Government to supply information on measures taken to ensure the proper payment of all wages earned, especially regarding issuance of statements of wage payment to all workers in the private sector.

The Committee notes the Government's response that the Labour Advisory Committee is presently reviewing all labour laws and that information will be supplied when the Employment (Termination and Redundancy Payment) Act has been reviewed. It hopes that the necessary measures will soon be taken to ensure the proper payment of all wages earned, in particular by providing for registers of wage payments and the issuance of statements of wage payments.

2. The Committee also requested the Government to indicate measures taken or contemplated:

(a) to ensure the direct payment of wages to the individual worker (Article 11, paragraph 3);

(b) to forbid the payment of wages in taverns or stores except to workers employed therein (paragraph 5);

(c) to ensure the regular payment of wages (paragraph 6); and

(d) to prevent any unauthorized deductions from wages (paragraph 8(b)).

The Committee notes the Government's statement in the report to the effect that the Convention is applied concerning these points in practice despite the absence of legislative provisions. The Committee hopes that consideration will also be given to these questions in the framework of the labour law revision noted above, so as to bring the national legislation in line not only with the provisions of the Convention but also with the practice.

3. Article 12. Noting the Government's indication concerning the regulation of the advances on wages in the government service under the Financial Administration and Audit Act, the Committee requests the Government to indicate measures taken or contemplated to regulate the advances on wages in the private sector in accordance with this Article of the Convention.

4. Article 15. The Committee notes that, under the Education Act of 1980, the Minister may by Order declare: (a) any area within a radius of three miles from any school to be a compulsory education area; and (b) the compulsory school age in relation to such compulsory education area. It requests the Government to supply a copy of the Order made under this provision, and also information on measures taken to prohibit the employment of persons below the school-leaving age during school hours.