Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that most of the requirements of the Convention are now given effect through the provisions of the Employment Act 1999. More concretely, it notes that under section 91(2) of the Employment Act several sections of the Protection of Wages Act 1973 (Cap. 260), which heretofore implemented the Convention, have been repealed. However, the Committee notes that certain provisions of the Protection of Wages Act among those which have not been repealed – and which therefore remain in force – overlap with provisions of the Employment Act regulating the same subject matter. For instance, section 27 of the Protection of Wages Act and section 87 of the Employment Act contain different provisions on the protection of wage claims in the case of the employer’s bankruptcy or insolvency. Similarly, section 28(c) of the Protection of Wages Act and section 88(1) of the Employment Act lay down different penalties for offences related to the protection of wages. The Committee would be grateful if the Government would provide clarification in this respect.

Moreover, the Committee understands that questions, such as the attachment of wages or the maintenance of wage records, which are not covered under the terms of the Employment Act continue to be regulated by the relevant provisions of the Protection of Wages Act, i.e. sections 26 and 30, respectively. The Committee would appreciate receiving additional explanations in this regard.

Part V of the report form. Noting that no information of a practical nature has ever been provided in the Government’s reports, the Committee requests the Government to supply in its next report general information, including available statistics, copies of official documents such as annual reports of the Labour Commissioner, and extracts from inspection reports, concerning the manner in which the Convention is applied in practice.