Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

The Committee notes the Government’s last report in which it indicates that the Convention continues to be given effect through the Employment Ordinance (Cap. 366) and that consequently there have been no changes in its application. The Committee understands, however, that the Government is in the process of revising its labour legislation and that the draft text of a new Employment Act was submitted to the Office for review and comments more than three years ago. The Committee expresses the hope that the new legislation incorporating the improvements suggested by the Office in April 2000 and again in July 2003 will soon be completed. It asks the Government to report on further developments in this matter and to communicate the texts of any revised labour laws as soon as they are finalized.

Application of the Convention in Zanzibar. The Committee has been requesting the Government for some time past to clarify the situation with regard to the implementing legislation applicable to Zanzibar. In its reply, the Government merely states that it pursues active consultations with the Government of Zanzibar and that reports should be expected soon. The Committee understands that a new Zanzibar Labour Act was enacted in 1997 and that following its entry into force the Labour Decree of 1946 (Chapter 61) has been repealed. Moreover, the Committee notes that the Zanzibar Labour Act, 1997 contains a few provisions, such as sections 35(1) (wage particulars in contracts of service), 48(2) (maintenance of wage records and issue of pay slips), 58 (periodicity of wage payment and wage deductions) and 80-83 (disciplinary sanctions), covering certain aspects of wage protection in pursuance of the requirements of the Convention. The Committee requests the Government to provide in its next report detailed information on the state of law and practice in Zanzibar with regard to these and other standards laid down by the Convention, including the principle of wage payment in legal tender, the conditions and limits of wage payment in kind, the direct payment of wages, the freedom of workers to dispose of their wages, the preferential treatment of wage claims in case of bankruptcy, or the prohibition of payment at certain places or outside working hours.

Part V of the report form. The Committee notes that the Government has failed in recent years to provide any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. While noting the Government’s indication that the ongoing Labour Policy and Legislation Reform is expected to make recommendations concerning the reinforcement of the labour inspection services, the Committee requests the Government to make every effort to obtain and communicate in its next report concrete information on the effect given to the Convention in practice, both in the mainland and Zanzibar, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in matters covered by the Convention, as well as any other particulars which would enable the Committee to better appreciate the progress achieved or the difficulties encountered in securing the observance of the standards embodied in the Convention.

[The Government is asked to report in detail in 2004.]