Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee takes due note of the Government’s report and the attached documentation.

Article 3, paragraph 2, of the Convention. The Committee notes with interest the establishment of a wage guarantee fund by virtue of Act No. VIII-1926 of 12 September 2000 and Decree No. 685 of 7 June 2001. The fund is administered by a tripartite Council and is financed mainly by compulsory contributions payable by employers at a rate currently set at 0.2 per cent of the assessment base. It covers claims in the event of an employer’s bankruptcy or insolvency in respect of unpaid wages, holiday pay and severance pay within certain limits which are fixed by the Government by reference to the amount of the minimum monthly wage. Noting the Government’s statement that the provisions of the Convention dealing with the protection of workers’ claims by means of a guarantee institution are fully applied, the Committee recalls once again the possibility under this provision of extending the acceptance of the Convention to Part III and asks the Government to keep it informed of any possible decisions taken in this matter.

Articles 5 and 6. The Committee notes the Government’s indication that according to the 2001 Enterprise Bankruptcy Act, in case the debts of the insolvent company do not exceed half the value of its assets, no bankruptcy proceedings may be initiated and debt enforcement is carried out along the terms set forth in the Civil Code and the Civil Procedure Code. The Committee would appreciate receiving a copy of the text of the relevant provisions of the Civil Code and the Civil Procedure Code as regards the priority treatment accorded to workers’ wage and other service-related claims.

Part IV of the report form. The Committee notes the statistical information concerning the number of applications received and claims settled by the wage guarantee fund in its first year of operation. The Committee would be grateful if the Government would continue to provide in future reports all available information on the functioning, management and financing of the fund, including statistics on the number of beneficiaries, the sums advanced and recovered, any changes regarding the contribution rate or the entitlement limits and any other particulars bearing on the effect given to the Convention in practice.