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

The Committee notes the information provided by the Government in response to its previous comments and wishes to draw attention to the following points.

Articles 1 and 2 of the Convention. Further to its previous comments regarding the definition of the term "wage", the Committee notes the Government’s indication that all the elements contained in the Convention are covered under section 64 of the Wages Boards Ordinance No. 27 of 1941, as amended, but that nevertheless appropriate action would be taken should the occasion arise. The Committee recalls that according to the letter and the spirit of the Convention all kinds of remuneration or earnings, thus including not only the basic wage but also any other allowance or benefit payable to the worker by virtue of a written or unwritten contract of employment, must be equally protected. It requests therefore the Government to take the necessary action to ensure that national legislation fully reflects this provision of the Convention and to provide information on any progress achieved in this regard.

With reference to public employees, the Committee recalls its previous observation to the effect that the Establishments Code covering the public servants contains no provision on the protection of their salaries. The Committee hopes that the Government will be able to supply information on any further special rules made in respect of these employees.

Article 4. While noting the Government’s statement to the effect that authorized deductions under section 19 of the Shop and Office Employees (Regulation of Employment and Remuneration) Act No. 19 of 1954, as amended, and section 2 of the Wages Boards Ordinance do not include payments for liquors or noxious drugs, the Committee recalls that the Convention requires pursuant to its Article 4, paragraph 1, a specific legislative provision prohibiting wage payment in the form of liquors of high alcoholic content or of noxious drugs in any circumstances. It accordingly asks the Government to indicate the measures adopted or envisaged to ensure that full effect is given to the Convention in this respect.

In addition, the Committee notes that the Government has not furnished any explanation regarding measures to ensure that: (a) allowances in kind are appropriate for the personal use and benefit of the worker and his/her family; and (b) the value attributed to such allowances is fair and reasonable as set forth under Article 4, paragraph 2 of the Convention. It therefore repeats its request to the Government to take the necessary action to bring its legislation into conformity with the Convention in this connection.

Articles 6 and 7(1). The Committee notes the Government’s indication that national practice with relation to company stores is entirely consistent with the requirements of the Convention. It also takes note of the information supplied by the Government that, under Regulation 21(1)(a) promulgated under the Shop and Office Employees Act, detailed records have to be kept for all deductions made in respect of articles sold to employees, so that labour inspectors may easily identify abusive practices. The Committee wishes to point out, however, that the fact that the manner in which company stores operate in practice has not so far given rise to any complaints does not absolve the Government from its obligation to give legislative expression to the principle according to which workers may not be compelled to make use of company stores or services (Article 7). Bearing in mind that, as noted in previous comments, there do not appear to exist in national laws and regulations any specific provisions guaranteeing the freedom of workers to dispose of their wages (Article 6), the Committee asks the Government to indicate what measures it intends to take in order to incorporate into national legislation explicit provisions giving effect to the above principles. Finally, the Committee would appreciate receiving a copy of the text of the Shop and Office Employees Regulations referred to in the Government’s report.

Article 13. While noting the Government’s indication that the practice conforms to the requirements of this Article, the Committee wishes to emphasize that legal effect may only be given to the relevant provisions of the Convention by transposing them into national legislation through the enactment of specific rules and regulations. Consequently, the Committee invites once again the Government to consider the adoption of a precise legislative provision stipulating that the payment of wages shall be made on working days only and at or near the working place (paragraph 1) and prohibiting the payment of wages in taverns and similar establishments, shops or stores and in places of amusement except in the case of persons employed therein (paragraph 2).

Article 14(b). The Committee notes the Government’s indication that under section 3C of the Wages Boards Ordinance, every employer is obliged, upon the request made by a worker or by the trade union to which he/she belongs, to furnish all particulars of the wages paid to such worker, and that no difficulties have been encountered in the application of this provision. The Committee requests the Government to indicate whether the problems experienced in the plantation sector, with respect to issuing of wage statements still persist and to supply information on the measures taken in this regard.