Observación (CEACR) - Adopción: 1995, Publicación: 82ª reunión CIT (1995)

The Committee notes the Government's reports and the new Labour Code (promulgated by Act No. 16-92 of 29 May 1992).

Protection of wages in sugar plantations. Further to its previous observation, the Committee notes with interest that the provisions of the new Labour Code concerning the protection of wages are applicable to rural workers, including those in sugar plantations, by virtue of section 281. It hopes that their application will be effectively ensured in practice and requests the Government to provide information in accordance with point V of the report form, including for instance extracts from official reports of labour inspectors. Please refer, in particular, to the following points.

1. Measures to guarantee observance of the statutory minimum wage. With reference to its previous observation, the Committee notes the information supplied by the Government concerning the wages for work on the sugar cane harvest which are higher than the minimum wage rates. It also notes the Government's indication that a group of 18 labour inspectors are specifically nominated to keep a full-time watch over the work of cane-cutters. The Committee asks the Government to supply information on the findings of these inspectors, including the number of plantations visited, the infringements of the provisions on wage payment of the Labour Code reported and the sanctions imposed.

2. Weighing the sugar cane. The Committee notes the Government's statement in reply to the previous observation that in spite of the agreement between the State Sugar Board (CEA) and the trade unions, the representatives of unions have not been able to be present at the weighing of cane. It requests the Government to continue to report on any progress made in this respect, to refer to the situation concerning the weighing of sugar cane in plantations that do not belong to CEA, and to supply information on the activities of labour inspectors on this issue.

3. Articles 3 and 7 (Payment of wages in cash and works stores). The Committee notes that the rural workers including those in sugar plantations are covered by the provisions of the Code concerning the payment of wages in legal tender (section 195), and the prohibition of payment in wage tickets (section 196). It also notes the Government's indication that the practice of cashing wage tickets in the stores set up by the National Price Stabilization Institute (INESPRE) has been discontinued. The Committee requests the Government to provide information on the application in practice in sugar plantations of the above provisions of the Code as well as of section 208 (concerning the periodicity of wage payment, regarding Article 12 of the Convention) and of sanctions under section 211.

4. Article 14 (Workers' information). The Committee notes that the Government again refers to the role of labour inspectors in informing workers of their rights and relevant legislation. It notes that the Code does not contain provisions requiring that workers be informed, at the time of each payment of wages, of the particulars of their wages that may be subject to change. Please indicate any measures taken to give effect to this provision of the Convention.

The Committee is also addressing a direct request to the Government on certain points.