Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes the information supplied by the Government concerning the application of Article 8 of the Convention.

Article 4, paragraph 1, of the Convention. Under section 2099 of the Civil Code, employees may be paid wholly or partly in kind. Article 4, paragraph 1, of the Convention authorises, on certain conditions, part but not the whole of wages to be paid in kind. The Committee notes the Government's statement that, in practice, only very marginal use is made of payment in kind. It has nevertheless been pointing out the discrepancy between the national legislation and the Convention for several years.

The Committee notes from the information supplied by the Government in its report for the period ending 30 June 1991, the supervision exercised in particular by the courts pursuant to section 36 of the Constitution in conjunction with section 2099 of the Civil Code. It notes in particular the ruling of the Court of Cassation of 17 July 1965 (No. 1589/1965) whereby, in determining "fair remuneration", account must be taken of the whole remuneration, in both cash and kind. The Committee asks the Government to supply information on the measures taken or envisaged to bring the national legislation into line with the Convention by restricting the payment of wages in kind to a fraction of the wage. It also requests the Government to continue to provide information on collective agreements that provide for payment of wages in kind and to provide copies of judicial decisions concerning the payment of wages in kind.