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

Article 2 of the Convention. Further to its previous request, the Committee notes the Government's indication that the extension of the coverage of the General Labour Act to all agricultural workers will be done by the new General Labour Act, a draft of which is in the process of consultation with the employers' and workers' organisations before submission to the National Congress, and that the standards for the workers in the public sector and the civil servants are also included in the same instrument. Please indicate the progress made towards the adoption of the said draft.

Article 3, paragraph 1. The Committee notes the copy attached to the Government's report of the Act of 7 September 1901. It notes that under this Act (section 1), it is prohibited to issue chips (fichas), stamps (siñales) or vouchers (vales) for the advance or payment of day wages (jornales). It points out that the definition of wages in the Convention covers any remuneration or earnings, however designated or calculated (Article 1) and requests the Government to indicate measures taken to provide for similar prohibition regarding other types of wages than day wages.

Regarding section 58 of Supreme Decree No. 21060 of 29 August 1985, the Government states that its interpretation is that the wage or salary of each worker is constituted by the basic income and "el bono" of seniority and, in a few cases, of production when the public or private employer is capable of granting the latter. The Committee notes this statement and requests the Government to clarify whether the term "el bono" under this section of the Supreme Decree means a form of promissory notes, vouchers or coupons, or it in fact means the bonus ("la bonificación") which is paid in cash.

Article 5. The Committee notes the Government's reference to the above-mentioned draft of the new General Labour Act which will bring the legislation into conformity with this provision of the Convention, and requests the Government to keep it informed.

Articles 6 and 8. The Committee notes that section 26 of Supreme Decree No. 20255 prohibits any retention or deduction of wages except for those prescribed by the law, and that section 27 prescribes the 2 per cent deduction of the wages which goes to workers' organisations of sugar cane and cotton harvesters. The Government states that the application to the workers in other agricultural sectors will be effected by means urged by the workers' organisations of the relevant sector. The Committee asks the Government to clarify whether this statement means that deductions from wages of agricultural workers other than in sugar cane and cotton harvest are permitted only under conditions and to the extent prescribed by collective agreements and if so, to provide examples of such collective agreements.

The Committee recalls that section 42 of Supreme Decree No. 244 (Regulations under the General Labour Act) does not prescribe the extent to which the employer may make deductions from wages when such deductions are provided for in the contract. It notes that the Government's report does not reply on this point and requests the Government to indicate measures taken or envisaged to fix a limit on deductions that may be made under this provision, in conformity with Article 8, paragraph 1.

Article 9. The Committee notes that Supreme Decree No. 20255 prohibits the engagement of workers by "hookers", private employment agencies or other intermediaries (section 14) and provides for the organisation and functionning of public employment agencies (Chapter V). Recalling that this Supreme Decree only covers the temporary agricultural workers in sugar cane and cotton harvest, the Committee again requests the Government to indicate the measures taken or envisaged to prohibit wage deductions for the purpose of retaining or obtaining employment with regard to workers in general.

Article 10. The Committee notes the Government's indication that wages are protected from assignment in the methods that are adopted by the judicial authorities, and requests the Government to supply more detailed information concerning such methods, including copies of any relevant legal or other texts.

Article 11. Noting the Government's explanation of Supreme Decree No. 03642 of 11 February 195g, the Committee asks the Government to supply its copy.

Article 12, paragraph 2. The Committee has already noted the provisions of Supreme Decree No. 20255 concerning the final settlement of wages which give effect to this Article of the Convention as to sugar cane and cotton workers.

As regards the General Labour Act and Supreme Decree No. 244, the Government refers to section 53 of the Act which requires the regular payment of wages, etc. but not the final settlement of wages. The Committee therefore hopes that the Government will soon take the measures to ensure the final settlement of wages due in accordance with the provisions of the Convention, for all workers who are not covered by Supreme Decree No. 20255.

Articles 14(b) and 15(d). The Committee notes the Government's explanation of its effort to disseminate information regarding wage rights in general. Noting however that the Government's report does not reply to these points, the Committee again requests the Government to indicate the measures taken or envisaged to ensure that the workers are informed of particulars of their wages which may be subject to change (Article 14(b)), and the measures for the maintenance of adequate records (Article 15(d)).