Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) - Burkina Faso (Ratification: 1999)

Other comments on C173

Direct Request

Replies received to the issues raised in a direct request which do not give rise to further comments

2019

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The Committee notes with regret 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:

Repetition
Article 6 of the Convention. Time limits of protected claims. The Committee understands that in the absence of any specific reference to a prescribed period of service, workers’ claims arising out of the employer’s bankruptcy or insolvency are granted preferential treatment without any time limitation other than the two-year prescription period set out in section 210 of the Labour Code of 2008 for all wage claims. It requests the Government to clarify the situation of national law and practice on this point.
Article 7(1). Monetary limits of protected claims. The Committee notes the Government’s indication that the unattachable part of the worker’s wage is defined in the same manner in the private and public sectors and that it equals two-thirds of the wage. The Committee notes, however, that the national legislation seems to apply different attachment ceilings to different portions of wages, ranging from one third for the lowest wage portion to one half for the highest portion. Decree No. 2008-741 of 17 November 2008, for instance, provides for such a system of progressive limits commensurate to income levels. The Committee would therefore appreciate receiving additional clarifications in this respect.
Article 8(1). Rank of privilege. The Committee notes that section 203 of the Labour Code expressly provides that workers’ claims are given a higher rank than all other privileged claims, including those of the State and the social security system, thus adding clarity and giving full effect to the requirement of this Article of the Convention.
Part IV of the report form. Practical application. The Committee would be grateful if the Government would provide general information on the application of the Convention in practice.