Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the Government’s report. It also notes with interest the adoption of Order No. 96-039 of 29 June 1996 establishing the Labour Code.

At the same time, the Committee notes with regret that the Government has reported no progress on the observation it has been making for more than 30 years concerning section 206 of Decree No. 67-126/MFP/T of 7 September 1967, which exempts all agricultural, industrial and commercial undertakings from the obligation of paying at regular intervals not exceeding 15 days the wages of workers employed on a daily or weekly basis, and therefore is incompatible with the requirements of Article 12(1) of the Convention and needs to be amended. The only progress reported is the indication that the provision in question will be repealed in the context of the elaboration of new regulations following the adoption of the new Labour Code. Recalling that several times in the past the Government had announced that it was planning to repeal this section within the framework of a general revision of the legislation in force, the Committee can only hope that the Government will make every effort to take the necessary action without further delay.

Moreover, the Committee notes the Government’s reference to section 158 of the new Labour Code which stipulates that employers may not limit in any manner the freedom of workers to dispose of their wages as they choose. The Government indicates that this new provision aims at better implementing the requirements of the Convention while it renders null and void section 206 of the Decree of 7 September 1967 which, in any event, is no longer applied in practice. In this respect, the Committee feels obliged to observe that, even though section 158 of the new Labour Code seems in principle to give effect to the provision of Article 6 of the Convention concerning the free disposal of wages, it has little bearing with Article 12(1) of the Convention, and thus with section 206 of the abovementioned Decree, which seeks to protect workers against irregular payments and wage arrears by requiring the payment of wages at regular intervals. The Committee asks the Government to include in its next report any information on legislative measures taken or contemplated to ensure that workers employed in agricultural, industrial and commercial undertakings receive their wages at regular intervals in conformity with the relevant provisions of the Convention.

The Committee is addressing a request directly to the Government on certain other points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to reply in detail to the present comments in 2003.]