Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 10, paragraph 2, of the Convention. With reference to the previous direct request, the Committee notes the Government's indication in its report that the minimum rates of wages are fixed in the collective agreements concluded in accordance with the Labour Code. It points out that the fixing of minimum wages by collective agreements, which should be encouraged, is covered by Article 10, paragraph 1, and that its paragraph 2 requires necessary arrangements to fix minimum wages where no adequate mechanism exists for doing so by collective agreement. The Committee requests the Government to indicate whether any measures have been taken to fix the minimum wage in accordance with the provisions of section 24 of the Labour Code, and whether the scope of any minimum wage fixed by collective agreement has been extended to the area or to the trade or occupation by virtue of section 23(2) of the Labour Code.

Article 11. Further to the previous comments, the Committee notes the Government's reference to a draft Labour Code, and in particular to its section 67 garanteeing wage payment in legal tender, and at regular intervals. It recalls that, regarding payment of wages, Article 11 of the Convention also calls for other measures to ensure, for instance, keeping of registers, direct payment, restrictions on the place of payment and on deductions, and asks the Government to provide a copy of the said draft.

Article 12. The Committee notes the Government's repeated reference to sections 25 and 26 of the Labour Code. It would reiterate that these provisions of the Code provide for no measures (a) to regulate the maximum amounts of advances on wages, including those which may be made to a worker in consideration of his taking up employment, or (b) to make legally irrecoverable any advance in excess of the amount laid down. The Committee therefore requests the Government to take measures to give effect to this provision of the Convention, perhaps by inserting necessary provisions to the above-mentioned draft Labour Code.

Article 15, paragraph 2. The Committee notes the Government's reference to Act No. 27 of 1988 concerning education and teaching. It notes that, according to the Government's report on Convention No. 142, the stage of basic education lasts for 10 years, to which children are admitted at the age of 6 years. The Committee requests the Government to state whether the entire period of the basic education is compulsory and, if not, to specify the school-leaving age at which a child normally terminates the compulsory education. As to the minimum age for employment, the Committee asks the Government to indicate the extent to which recourse is made to the provision of section 48(2) of the Labour Code permitting employment of a child who has attained 13 but not yet 16 years of age with a medical certificate.

Article 15, paragraph 3. The Committee notes that the provisions of section 48(3) of the Code, which limits the working hours for a child (younger than 16 years old) to 6 hours a day, and of section 48(4), which prohibits a child's working in more than one establishment on any day, do not give effect to this provision of the Convention. It requests the Government to take measures to prohibit the employment of children below the school-leaving age during school hours.