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

Article 8 of the Convention. The Committee notes the information supplied by the Government concerning the provisions of the agreement concluded with the Government of the Libyan Arab Jamahiriya. The Committee asks the Government to indicate whether the social security agreement provided for in article 8 of the above-mentioned agreement has been concluded and, if so, to provide a copy of it. Furthermore, the Committee asks the Government to send copies of the various agreements concluded with Egypt, or specific examples of the clauses in these agreements that ensure that Sudanese workers enjoy protection and advantages not less than those enjoyed by national workers in the country where they work. Please also indicate any other countries with which Sudan has concluded such agreements.

Article 12, paragraphs 1 and 2. The Committee recalls that it pointed out that the Act of 1981 does not set a maximum amount of advances which may be made to workers by employers as required by these paragraphs. Please indicate the measures that have been taken or are contemplated in this respect (for example, to include the necessary provisions in the regulations issued under this Act).

Article 12, paragraph 3. The Committee notes that the Government considers that the provisions of section 14(3) give effect to this provision of the Convention; however, as the Committee has already indicated, section 14(3) provides that no court of justice is empowered to rule on a suit by an employer against a worker with a view to the reimbursement of an advance which has been made, unless there is a written contract for the advance. In view of the fact that this Article of the Convention provides that any advance in excess of the amount laid down by the competent authority shall be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the worker at a later date, this provision of the Act does not meet the requirements of the Convention. Consequently, the Committee hopes that when the Government fixes the maximum amount of advances it will also take measures to ensure that any advance in excess of the amount shall be legally irrecoverable.

The Committee also recalls that it indicated that the Labour Relations Act of 1981 does not apply to all workers, the principal exception being workers engaged in agriculture. The Committee refers to the comments it has made on this matter in 1991 in connection with the Protection of Wages Convention, 1949 (No. 95), and again expresses the hope that, in the near future, it will be possible to ensure protection of the wages of these workers.

Article 13, paragraph 2. The Committee notes the explanations supplied by the Government.

Article 15, paragraph 2. The Committee notes that the Government indicates in its report that it is not in a position to enact a law establishing minimum wages for the categories not covered by the legislation. The Committee recalls that it expressed the hope that the Government would, in the near future, be able to lay down a minimum age for employment in sectors not covered by the Labour Relations Act of 1981. Furthermore, the Committee noted that the Minister is required or empowered to adopt regulations governing the conditions of work of young people in certain areas. The Committee again expresses the hope that the Government will be able to provide copies of any such regulations with its next report.