Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 12 of the Convention. Regular payment of wages. The Committee notes the observations of the National Federation of Associations and Organizations of Public Servants (FENASEP), which were received on 29 October 2007 and sent to the Government on 19 November 2007. These observations have received no reply from the Government to date. The comments by FENASEP relate to the payment of the 13th month’s wage which was instituted in 1974 in the form of a bonus (US$400) calculated on the basis of the monthly wage and paid in three instalments (April, August and December each year). The payment of the 13th month’s wage was suspended between October 1989 and August 1991. The Federation estimates that US$88 million are due to hundreds of thousands of employees in the public sector. FENASEP argues that the suppression of the payment of the 13th month’s wage to public servants is contrary to the provisions of Act No. 52 of 16 May 1974 and to the principles of Convention No. 95. The Committee requests the Government to send its comments in reply to the observations made by FENASEP.

The Committee is raising a number of other points in a request addressed directly to the Government.