Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee notes that the Government’s report received in August 2003 essentially reproduces the information provided in the Government’s report received in March 1998.

2. Parts I and II of the Convention. Improvement of standards of living. The Committee asks the Government to provide, in its next report on the application of the Convention, updated data illustrating that the improvement of standards of living have been regarded as the principal objective in the planning of economic development. Please also supply information on the promotion of cooperatives and the improvement of standards of living for workers in the informal economy (Articles 4(e) and 5 of the Convention). The Government might consider it useful to refer to the Promotion of Cooperatives Recommendation, 2002 (No. 193) and the resolution concerning decent work and the informal economy adopted by the International Labour Conference at its 90th Session (June 2002).

3. Part IV. Remuneration of workers. The Committee recalls the Government’s statement indicating that the Labour Advisory Committee was reviewing all labour laws. The Government stated that the Convention is applied in practice despite the absence of legislative provisions. It hopes that full consideration will be given to the questions raised in this observation in the framework of the labour law revision, so as to bring the national legislation in line with the provisions of the Convention.

4. Article 11, paragraph 1. In its earlier direct requests, the Committee had noted that section 11(1)(c) of the Holidays with Pay Order, 1973, requires the employer to keep a record of normal wages, but this appears to mean wage rates (so as to calculate holiday pay) and not the wages actually paid. Section 16(1) of the  Employment Act (Termination and Redundancy Payments), requires a record to be kept in such form and containing such particulars as may be prescribed, but there is no information on what has been prescribed under this provision. Section 11(b) of the Minimum Wage Act (as amended), requires records to be kept to show compliance with the Act (i.e. to pay wages at not less than the minimum rate). In this regard, the Committee recalls that Article 11, paragraph 1, of the Convention requires that the necessary measures be taken to ensure the proper payment not only of the minimum wage but of all wages earned.

5. The Committee also asks the Government to indicate measures taken or contemplated:

(a)  to ensure the direct payment of wages to the individual worker (Article 11, paragraph 3);

(b)  to forbid the payment of wages in taverns or stores except to workers employed therein (paragraph 5);

(c)  to ensure the regular payment of wages (paragraph 6); and,

(d)  to prevent any unauthorized deductions from wages (paragraph 8(b)).

6. Article 12. Noting the Government’s indication concerning the regulation of the advances on wages in the government service under the Financial Administration and Audit Act and that the payment of wages advances is not at present regulated by law in the private sector, the Committee requests the Government to indicate measures taken or contemplated to regulate the advances on wages in the private sector in accordance with this Article of the Convention.

7. Part VI. Education. The Committee had previously noted that, under Education Act of 1980, the Minister may by Order declare: (a) any area within a radius of three miles from any school to be a compulsory education area; and (b) the compulsory school age in relation to such compulsory education area. It requests once again the Government to supply a copy of the Order made under this provision, and also information on measures taken to prohibit the employment of persons below the school-leaving age (Article 15).