Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

Remuneration of workers

In its previous observation, the Committee pointed out that, while paragraph 2 of Article 12 of the Convention requires limitation on the amount of advances which may be made to a worker in consideration of taking up employment, paragraph 1 of Article 12 obliges the competent authority to regulate the maximum amount of advances on wages whenever made and whatever the reasons therefor. The Committee recalled that the present provision of section 51 of the Labour Code only regulates the manner of repayment of advances on wages, and requested the Government to take necessary measures in this regard. The Committee noted in particular that the latest version of the legislative text attached to the Government's report dated 20 April 1994 amended sections 11, 88(2), 117, 121 and 216 of the Labour Code, but did not include the provisions proposed in earlier versions to become section 51(b) in order to fix the maximum amount of advances on wages.

The Committee notes the Government's indication in the report that another draft to amend the provision of the Labour Code will be prepared.

The Committee trusts that the Government will soon take necessary measures to limit the maximum amount of advances on wages made not only to a worker in consideration of taking up employment but also advances on wages made for whatever reason during the employment, so as to give full effect to this provision of the Convention, on which it has been commenting since the ratification. The Committee requests the Government to indicate any progress made and to supply a copy of adopted amendments.