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

The Committee takes due note of the Government’s report and of the attached documents. The Committee would be grateful to the Government for supplying information on the following points.

Article 1 of the Convention. Further to its previous comment, the Committee notes that, under section 4(2) of Act No. 1/1992 concerning wages, stand-by payment and average earnings as well as section 3(2) of Act No. 143/1992 concerning salary and working emergency payment in budgetary and other organizations and organs, payments granted under special regulations in connection with employment, especially wage compensation, cash compensation, travel expenses, income from capital shares or bonds and stand-by pay, are not deemed to constitute wages. In this connection, the Committee is bound to reiterate its request for clarification regarding the terms "wage compensation" and "cash compensation". The Committee points out that the Convention, in the interest of affording the broadest possible protection to wage earners, uses the term "wage" in a generic sense so as to apply to any remuneration or earnings, however designated or calculated, thus including not only the basic wage but also any other allowance or benefit payable to the worker by virtue of a written or unwritten contract of employment. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that wage protection covers earnings or remuneration in general in accordance with the terms of the Convention.

Article 4. In the absence of response to its previous comment on this point, the Committee again requests the Government to specify whether the regulations on wage payments in kind, provided for in section 123(1)(d) of the Labour Code, have been issued, and if so, to supply a copy of those regulations. In addition, the Committee would appreciate if the Government could provide further information on the practical application of section 13 of Act No. 1/1992 referring to wages in kind and also indicate the measures taken to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his/her family, and that the value attributed to such allowances is fair and reasonable.

Articles 6 and 7. Further to its previous comment, the Committee notes the Government’s indication that the provisions of the Convention regarding works stores are given effect indirectly through article 2(3) of the Constitutional Charter of fundamental rights and freedoms which provides that everyone may do what is not forbidden by law and may not be compelled to do what is not required by law. It also notes the Government’s reference to section 7 of the Labour Code which lays down a general prohibition against the misuse of rights and obligations ensuing from the employment relationship as being also relevant to the application of the Convention in respect of works stores and services operated by the employer. The Committee considers that, under the terms of the Convention, concrete legislative provisions are needed to give expression to the principle according to which workers may not be compelled to make use of company stores or services. Moreover, the Committee recalls that there do not appear to exist in national laws or regulations any specific provisions guaranteeing the freedom of workers to dispose of their wages, and therefore asks the Government to indicate what measures it intends to take in order to incorporate into national legislation explicit provisions giving effect to the above principles.

Articles 8 and 10. The Committee notes the provisions of Government Decree No. 185/1993 concerning the calculation of the minimum amount of monthly wage which cannot be affected by deductions, and of the amount above which wages can be deducted without limitation. Noting that the said Decree fixes a specific amount, and not a proportion of the wage, to be immune from deduction or attachment, the Committee asks the Government to further clarify whether this minimum amount offers sufficient protection for the maintenance of the worker and his/her family, and also to indicate whether national laws or regulations provide for the periodic review of such sum. It would also appreciate receiving a copy of Government Decree No. 108/1994 which prescribes the order of authorized wage deductions. In addition, the Committee requests the Government to specify the legislative or other provisions, if any, setting out the conditions and limits applicable to assignment of wages.

Article 9. The Committee notes the Government’s indication that, according to section 5(3) of Act No. 1/1991 concerning employment, deductions from wages with a view to ensuring payments to intermediaries or the employer for the purpose of obtaining or retaining employment are prohibited and that violations of such obligation may be subject to monetary fine. The Committee requests the Government to supply a copy of the said Act.

Article 15(c). The Committee refers to its previous comment and asks the Government once again to provide specific information on the penalties prescribed for violations of the legislation on wage protection and to transmit the text of any relevant laws or regulations.