Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the Government’s reports, especially the information regarding the application of Articles 10, 11 and 14 of the Convention. It also notes the explanations supplied by the Government in response to the observations made by the French Democratic Confederation of Labour (CFDT) concerning the following points.

Articles 4 and 14(b) of the Convention. The Committee notes that, under section D.141-9 of the Labour Code and section 2 of the Order of 9 January 1975 concerning the evaluation of benefits in kind, the cash value of accommodation is fixed differently for the purpose of calculating the net amount of payable wage as contrasted to determining the level of social security contributions. According to the Government, even though such disparity may affect the presentation of payslips in certain sectors, this was the result of a negotiated arrangement with the social partners aiming at taking due account of the special conditions in the hotel, catering and tourism sector. The Government further states that the present situation is to the workers’ favour because of the low cash value of accommodation to be deducted from the minimum wage (SMIC). The Committee considers that additional information would be needed especially on the extent of the problems which may have arisen in connection with the evaluation of benefits in kind before it could express any views on the conformity of such practices with the requirements of the Convention.

Article 12(1). The Committee notes that the Government recognizes that section L.143-2 of the Labour Code, which provides that wages must be paid once a month, may be understood differently depending on whether the term "month" is taken to mean a calendar month or a 30-day period. In the Government’s opinion, however, such possible variation does not call into question the principle of regular payment of wages, especially in the light of section R.154-3 of the Labour Code which prescribes specific penalties for any violation of the provisions in respect of wage payment. The Committee asks the Government to consider all appropriate measures to guarantee in law and in practice the payment of wages at regular intervals as required under Article 12(1) of the Convention. The Committee also invites the Government to continue to supply information on any developments in this respect.