Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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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Article 6 of the Convention. Time limits for protected claims. With reference to its previous comment, the Committee notes the Government’s explanation that workers’ claims arising out of the employer’s bankruptcy or insolvency are granted preferential treatment. The Government adds that, in accordance with section 210 of the Labour Code, a worker may claim unpaid wages from the employer for two years, after which time limit the claim is prescribed. In this regard, the Committee recalls that Article 6 of the Convention protects, by a privilege, worker’s claims for wages for a prescribed period, holiday pay due, and the amounts due for other types of paid absence or severance pay. Section 210 of the Labour Code, to which the Government refers in its report, concerns a prescription period for claims and does not address the requirements of this Article of the Convention. The Committee requests the Government to indicate measures taken or envisaged to give full effect to this provision of the Convention.