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

The Committee notes with interest the Government’s first two reports. It requests the Government to provide additional information on the following points.

Article 2(2) of the Convention. The Committee notes that in its first annual report, the Government indicated two categories of persons which were likely to be excluded from the application of the provisions of the Convention, i.e. domestic workers and persons employed in the individual farmer’s household. Noting that in its second detailed report, the Government does not specify whether these two categories of workers are finally to be excluded from the application of the Convention, and if so, whether the employers’ and workers’ organizations directly concerned were previously consulted, the Committee asks the Government to further clarify this point.

Article 4. The Committee notes that, under section 18(3) of Wages Act No. 1305 of 25 February 1993, not only collective agreements but also individual employment contracts may provide for the partial payment of wages in the form of allowances in kind. The Committee recalls that the Convention allows for the payment of wages in kind only when authorized by national laws or regulations, collective agreements or arbitration awards. It hopes that concrete action will soon be taken in this respect, and asks the Government to report on any relevant developments.

Furthermore, the Committee notes the Government’s indication that in some cases payment of wages in kind involves merchandise which do not correspond to the personal needs of the worker and his/her family. It also notes that the Government recognizes that supplementary measures are needed for the regulation of the partial payment of wages in kind. In this connection, the Committee recalls that the Convention requires appropriate measures to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and that they are attributed a fair and reasonable value. It therefore requests the Government to specify the steps it intends to take in order to bring the national legislation into closer conformity with the requirements of the Convention.

Article 7. While noting the explanations given by the Government in its report regarding works stores, the Committee asks the Government to specify the measures taken or envisaged to ensure that: (i) workers are free from any coercion to make use of such stores; (ii) goods are sold and services are provided at fair and reasonable prices; and (iii) stores are established not for securing profit but for the benefit of the workers.

Article 10. Recalling that the Convention seeks to protect wages against excessive or unfair attachment but also against assignment, the Committee asks the Government to give full particulars concerning the conditions and limits applicable to assignment of wages.

Article 13(2). The Committee requests the Government to indicate the legislative or other provision prohibiting the payment of wages in taverns or other similar establishments, in shops or stores for the retail sale of merchandise, or in places of amusement except in the case of persons employed therein.

[The Government is asked to report in detail in 2002.]