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

The Committee notes the Government’s report.

Articles 3 and 4 of the Convention. The Committee notes that, by virtue of sections 2 and 18 of Act No. 10.449 of 12 November 1943, wages should be paid in legal tender and payments in kind may be authorized by wage boards but only in so far as minimum wages are concerned. The Committee would appreciate receiving further clarifications on the law applicable to wages other than minimum wages. It also requests the Government to provide a copy of any relevant legal text in this respect.

Article 6. The Committee notes that the principle according to which the employer should be prohibited from limiting in any manner the freedom of the worker to dispose of his/her wages does not appear to have been incorporated in national legislation. The Committee considers that an appropriate legislative provision laying down a specific prohibition is needed to give effect to the Convention in this regard and hopes that the Government will make every effort to take the necessary action in the very near future.

Article 7. The Committee notes the Government’s indication that workers’ stores are only established pursuant to the terms of collective agreements between the enterprise concerned and workers’ organizations and that their operation is controlled by joint committees in order to ensure compliance with the requirements of the Convention. The Committee requests the Government to supply additional information on the operation of such stores and also transmit the text of collective agreements providing for their establishment.

Articles 8 and 10. The Committee notes the various legislative provisions determining the grounds on which deductions from wages may be made or wages may be attached and the limits prescribed for each case, but wishes to draw attention to the fact that there seems to be no provision setting an overall limit not to be exceeded under any circumstances, particularly in those cases where deductions from wages or wage attachment would be permitted on multiple grounds. The Committee recalls the importance of setting such a limit in order to protect wages to the extent deemed necessary for the maintenance of the worker and his/her family. It therefore requests the Government to take measures to ensure that full effect is given to the requirements of the Convention in this regard.

Article 13. The Committee notes the Government’s indication that, as a matter of practice, the payment of wages is generally made at the workplace or at a bank near the workplace or the worker’s residence. The Committee hopes that the Government will find a suitable opportunity to bring its legislation in line with the practice, as well as with this Article of the Convention, in stipulating the payment of wages on working days only and at or near the working place but not in taverns and similar establishments or retail stores and places of amusement.