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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4 of the Convention. With reference to its previous direct request, the Committee notes the information supplied by the Government in its last report concerning the new Government's intention to carry through a substantial reform of labour legislation. The Committee hopes that this reform will take into account the comments made with regard to section 129 of the Labour Code, taken in conjunction with the provisions of Article 4 of the Convention. In this connection the Committee takes note of the explanation given concerning its previous comments with regard to the conflict between the provisions of section 129 of the Code and Article 4 of the Convention, although the issue has not been completely cleared up. The Committee recalls that this point was raised some years ago, but it was never the intention of the Committee to view the national legislation as prohibiting the payment of a proportion of wages in kind. The Committee in fact stated that section 129, by specifying the elements that could make up in kind a proportion of wages, does not establish the amount of this proportion with regard to total wages nor the guarantees that should accompany such payment. In this respect, the Committee recalls that in its report for 1976 the Government announced a forthcoming amendment to section 129 providing for the proportion of wages paid in kind not to exceed 30 per cent of the wages agreed between the parties. It would appear that this amendment was not adopted. The Committee also recalls that Article 4 of the Convention provides that allowances in kind shall be appropriate for the personal use and benefit of the worker and his family.

Article 11. The Committee notes the full information supplied by the Government concerning the observations made by the General Union of Clothing Workers and by the Propaganda Committee of the Workers of Hermega and, in particular, takes note of the information supplied concerning the legal aspects of the agreements and the bankruptcies in that case. The Committee also takes note that the problem of the workers in the Hermega enterprise is being dealt with by a judicial authority. However, the Committee would be grateful if the Government would continue supplying information on the steps taken in order to guarantee that the rights of the workers are respected, particularly with regard to the payment of their wages.