Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

The Committee notes the Government's report as well as the new Labour Code (Act No. XXII of 1992) and the Act No. IL of 1991 concerning bankruptcy procedure, liquidation procedure and final settlement. It requests the Government to provide information on the following points:

Article 1 of the Convention. The Committee notes that no provision in the Labour Code defines the term "wage". It asks the Government to indicate what is meant by the term "wages" in the provisions on the protection of wages in Part III, Chapter VII of the Code. Please specify if the definition is found in any legislative provisions.

Article 2. Please supply a copy of any regulations adopted under section 203(2)(a) concerning "outside workers".

Article 4(2). Please indicate the measures taken to ensure that the value attributed to allowances in kind is fair and reasonable.

Article 6. Please indicate the measures taken to prohibit the employer from limiting in any manner the freedom of the worker to dispose of his wages.

Article 7. Please indicate whether the practice of works stores exist in the country, and if so, also the measures taken to give effect to this Article.

Articles 8 and 10. The Committee notes that under section 161(3) of the Code, deductions from wages should be governed by the provisions of the Act applicable to distraint and that, under section 164(2), the portions of wages free from deductions may not be assigned. Please supply a copy of the Act applicable to distraint as well as an indication of the limits and conditions prescribed with regard to deductions, attachment and assignment of wages.

Article 15(b) and (c). The Committee notes that the Code does not contain provisions on the persons responsible to comply with it or on the penalties for its violation. Please provide information in this respect.

Article 15(d). The Committee notes that section 160 of the Code stipulates that a wage record should be provided to the employee. Please indicate whether such a record is also to be kept by the employer.