Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information provided by the Government in reply to its previous comment.

Articles 5 and 6 of the Convention. Privileged treatment of workers’ claims. Further to its previous request on this point, the Committee notes the Government’s reference to section 2.113 of the Civil Code and section 754 of the Code of Civil Procedure which grant second rank of privilege to workers’ wage and other service-related claims, i.e. after secured claims but before tax claims of tax authorities and social security institutions, in the case of enterprises which are bound for liquidation without the opening of bankruptcy proceedings. The Committee requests the Government to provide additional explanations as to the nature of workers’ claims covered under these provisions and any monetary or time limits applicable to privileged protection.

Part IV of the report form. The Committee notes the statistical information provided by the Government with relation to the number of claims settled and amounts paid by the Guarantee Fund in the period 2001–06. The Committee would appreciate if the Government would continue to supply up to date information on the practical application of both Parts II and III of the Convention.