Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 2 of the Convention. With reference to its previous comments, the Committee notes the explanations provided by the Government concerning seasonal workers - particularly those engaged in cotton, maize and resin harvesting - who are excluded from the scope of the Act of 1981 on Individual Labour Relations and who are paid according to a participation scheme. According to the Government, under the participation scheme, workers engaged in such harvesting may be paid in cash or in kind, according to what is customary. The Committee asks the Government to indicate the measures that have been taken or are contemplated to extend the protection of the Act of 1981 on Individual Labour Relations to the above workers or to apply the protection afforded by the Convention to these workers in some other manner. Please indicate the number of workers concerned.

Article 4. The Committee notes that the competent department is examining the regulations to implement section 59(b) of the Individual Labour Relations Act, and that the regulations will be sent as soon as they have been enacted. The Committee hopes that the Government will be able to adopt the regulations in the near future and that it will provide a copy of them in due course. It recalls that the adoption of these regulations has been the subject of discussion for some time and that the provisions were to regulate the payment of wages in kind. The Committee also notes the information provided under Article 2 and hopes that the Government will take into consideration the situation of seasonal agricultural workers.

Article 8. The Committee notes that it is the Government's intention that in the forthcoming amendment of the Individual Labour Relations Act section 12, paragraph 8, in conjunction with section 14 of the Act will be brought into conformity with the provisions of this Article of the Convention. The Committee hopes that the Government will adopt this amendment in the near future and that it will provide a copy of the amended text.

Article 9. The Committee notes the Government's explanations concerning section 51 of the Individual Labour Relations Act and the 1974 Manpower Act, to which it referred in its previous report. It notes that, according to the Government, the letter and spirit of this Article are observed. The Committee recalls, however, that the prohibition referred to in Article 9 of the Convention is not fully ensured by domestic legislation nor by the practice described in the report. It hopes that the Government will shortly adopt the planned amendments in order to bring the Individual Labour Relations Act into conformity with this provision of the Convention.

Articles 10, 14 and 15(d). The Committee notes that the Government has taken note of its comments on Article 10 (conditions and limits for the attachment or assignment of wages), Article 14 (informing workers, before they enter employment and when any changes take place, of the conditions in respect of wages under which they are employed), and Article 15(d) (the maintenance, in all appropriate cases, of adequate records in an approved form and manner). The Committee also notes that these comments will be taken into consideration in the overall amendment of the Individual Labour Relations Act. It hopes that the Government will adopt these amendments in the near future and will provide a copy of them.