Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Protection of Wages Convention, 1949 (No. 95) - Botswana (Ratification: 1997)

Other comments on C095

Direct Request

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Articles 1, 6 and 7 of the Convention. Definition of “wages”. Freedom of workers to dispose of their wages. Works stores. The Committee notes that, following the adoption of the Employment (Amendment) Act, 2010, sections 2(1), 83(1) and 86(1) of the Employment Act (Cap. 47:01), as amended, have been brought into line with Articles 1, 6 and 7 of the Convention.

Article 4(2). Partial payment of wages in kind. Further to its previous comment regarding practical measures to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and the value attributed to them is fair and reasonable, the Committee notes the Government’s indication that, under section 84(1) of the Employment Act, payments in kind may not exceed 40 per cent of the total amount of the wages due. The Committee wishes to refer, in this regard, to paragraph 159 of the 2003 General Survey on the protection of wages, in which it noted that setting a limit on the portion of the money wages which may be replaced by benefits in kind does not in itself resolve the problem of the fair valuation of such benefits and offers little protection from possible exploitative practices. At most, it guarantees the partial character of the wage payment in kind. Yet, such limits alone cannot ensure that the allowances in kind provided in any given case are in fact suitable for the needs and interests of the worker and his or her family and even less that such allowances are not overvalued to the detriment of the real earnings of workers. More generally, the Committee observes that Article 4 of the Convention is not self-executing but requires specific measures by the competent authorities for its implementation. For example, the Government may adopt provisions enumerating the authorized payments in kind, such as board and lodging, clothing, use of land or free medical treatment, or prohibiting the cash value attributed to benefits in kind to exceed a certain amount, such as the cost price or the ordinary market value, or a price range fixed by public authorities. In this connection, the Committee draws the Government’s attention to paragraphs 144–160 of the abovementioned General Survey, which provide guidance as to the manner in which legislative conformity may be achieved with the provisions of this Article of the Convention. The Committee accordingly requests the Government to take the necessary measures to ensure the effective implementation of Article 4(2) of the Convention.

Articles 8 and 10. Deductions from wages. Attachment of wages. The Committee once again requests the Government to indicate whether an overall limit is placed on authorized deductions or attachment of workers’ earnings (for instance in the case of multiple deductions under several judicial orders) to ensure that they are not so heavy as to deprive the workers of the basic minimum income needed for the maintenance of themselves and their families.

Article 14. Information on pay conditions. In the absence of the Government’s reply on this point, the Committee again requests the Government to indicate the measures taken or envisaged to ensure: (i) that workers are duly informed of the wage conditions applicable to them before they enter employment; and (ii) that they receive wage statements at the time of each payment of wages containing details such as the gross and net amount of wages and any deductions made, as required under this Article of the Convention.