Observación (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

The Committee notes the Government’s report.

While taking due note of the Government’s indication that a unified Labour Code is currently under preparation, the Committee observes with regret that no progress has as yet been made regarding measures to ensure that full effect is given to the provisions of Article 4, paragraph 2, of the Convention. The Committee recalls that in the interest of protecting workers from abuse, the Convention requires appropriate measures to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and also that the value attributed to such allowances is fair and reasonable.

Moreover, the Committee notes that section 39 of the Labour Code, Act No. 137 of 1981, provides that no worker shall be required to purchase foodstuffs or other articles in any specified establishment or to buy any product supplied by the employer. In this respect, the Committee recalls that Article 6 of the Convention calls for a legislative provision formally prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages. The Committee is bound once again to express the firm hope that in the ongoing process of drafting the unified Labour Code the Government will not fail to take the necessary action to bring its legislation into full conformity with the Convention. It asks the Government to report on any developments in this regard.