Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

The Committee noted in 1990 that, in reply to its comments made since a number of years, the Government had indicated in its report received in June 1987 that contacts had been renewed with the Law Officers' Department, and that it was hoped that the necessary amendments to the legislation could be enacted soon.

The Committee notes with regret that the Government's report has not been received and that consequently there is no information on the measures taken to give effect to the various provisions of the Convention which are the subject of the above-mentioned comments. Therefore the Committee is bound to repeat its previous comments which read as follows:

Articles 6, 7 and 13 of the Convention. The Committee recalls that there are no provisions in national legislation to apply these Articles of the Convention, as the Government has stated in its report. It recalls also that the draft Employers and Employed (Amendment) Rules, which were drawn up in consultation with the International Labour Office, would allow these Articles to be applied. It therefore hopes that the Government will be able to indicate in its next report that this legislation has been adopted.

Article 8. The Committee notes the statement in the Government's report that this Article is applied by section 19 of the Regulation of Wages and Industrial Relations Act, No. 3 of 1971. The Committee notes, as it has done in previous comments, that this section provides that, where minimum wages have been prescribed and are applicable, the minimum wages are to be paid clear of all deductions. However, this covers only the minimum wages, nor would it apply to any case in which minimum wages had not been prescribed, while this Article of the Convention covers all wages. The Committee recalls that a provision to cover this requirement of the Convention was included at section 6(1) of the draft revision of the Employers and Employed Act to which reference has been made above.

Article 15(d). The Committee notes the statement in the Government's report that this Article is applied by sections 19, 24 and 28 of the Regulation of Wages and Industrial Relations Act. The Committee notes that section 24 of that Act requires only that "such records of wages as are necessary" shall be kept by every employer who employs persons to whom minimum wages are applicable, while section 28 lays down penalties for false records. The Committee recalls that a provision which would apply to this Article was included at section 9(3) of the above-mentioned draft legislation (though it would still be necessary for the Government to provide in regulations for the exact form, content and coverage of the records to be kept).

The Committee trusts that the Government will supply a report for examination by the Committee at its next session and that it will indicate the measures taken to give effect to the above provision of the Convention.