Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Article 4, paragraph 2, of the Convention. In comments made for a number of years, the Committee noted that, according to the Government, allowances in kind are governed by the internal regulations of the various services and are subject to all legislation respecting wages since they form part of the wages by virtue of section 1 of the Labour Code, Act No. 137 of 1981. It has already pointed out that these regulations could theoretically be changed at the will of the chief of the service or the owner of the establishment and that they are not, therefore, sufficient to ensure the application of this Article of the Convention.

The Government states in its report that it would be difficult to introduce in the national legislation a text defining the allowances in kind because the nature of work varies from one industry to another.

The Committee points out that this provision of the Convention requires the Government to take appropriate measures to ensure the following two conditions: (i) allowances in kind should be appropriate for the personal use and benefit of the worker and his family; and (ii) the value attributed to such allowances should be fair and reasonable. It does not necessarily involve definition in the legislation of the actual allowances in kind to be paid in each industry. Noting from the Government's report that it is reviewing the national legislation in order to bring it into conformity with the international labour standards, the Committee hopes that necessary action will soon be taken to ensure the compliance with the Convention on this point.