Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the information provided in the Government’s report and the attached legislation. However, it would be grateful to be provided with further details on the following points.

Article 2 of the Convention. Scope of application. The Committee notes that the draft Bill issuing the general conditions of service of public servants has still not been finalized and that the Government undertakes to provide a copy once it has been adopted. Recalling that it has been making this request since 1992, the Committee hopes that the Government will be in a position to provide a copy of the new Act with its next report. The Committee also notes Executive Decrees Nos. 02-89 of 2 March 2002, 2000-278 of 5 October 2000 and 05-102 of 26 March 2005, issued under section 4 of Act No. 90-11 of 21 April 1990 concerning labour relations, which establishes a specific labour relations system for certain categories of workers. The Committee requests the Government to indicate whether special measures have been adopted for domestic workers, who are also referred to in section 4 of the above Act and, if so, to provide a copy.

Article 4. Partial payment in kind. The Committee notes the Government’s indication that cases of payment in kind have not been reported at the enterprise level for several years. It also notes that a definitive solution was found in December 2005 to bring an end to the isolated cases of payment in kind by certain public enterprises with stocks of unsold products. The Committee would be grateful to be provided with additional information on the precise nature and extent of the problem, and on the measures taken by the Government in practice so that wage arrears can no longer be settled by payments in kind that are not in conformity with the legislation.

Articles 5 and 6. Direct payment of wages and prohibition from limiting the freedom of workers to dispose of their wages. The Committee notes that the Government refers to sections 6, 80 and 86 of Act No. 90-11 of 21 April 1990 concerning labour relations as giving full effect to these Articles of the Convention. The Committee considers that, although the obligation for the payment of wages directly to the worker may be inferred from section 88 of the Act, which provides that “the employer shall be obliged to pay each worker regularly and at the end of each period specified the remuneration that is due”, the prohibition on employers from limiting the freedom of workers to dispose of their wages is not established either explicitly or implicitly by any provision. The Committee therefore requests the Government to indicate the measures adopted or envisaged to bring the legislation into conformity with the Convention on this point.

Article 7. Works stores. The Committee notes that, under the terms of section 94 of Act No. 90-11 of 21 April 1990, the Participation Committee manages social works within the employer institution. The Committee also notes the Government’s indication that Decree No. 82-179 of 15 May 1982 allows the establishment within employer institutions, among others, of “consumer cooperatives” administered directly by social works committees composed of workers elected by the staff of the employer institution.

Article 13. Day and place of the payment of wages. The Committee notes the Government’s indication that enterprise collective agreements provide that the payment of workers’ wages is made by bank transfer to the bank or postal account that the worker has to open. While wishing to receive copies of enterprise collective agreements containing provisions of this nature, the Committee requests the Government to indicate the manner in which workers, other than those receiving payment by means of bank or postal transfer, are guaranteed to be paid their wages on working days only and at or near the workplace, and not in stores for the retail sale of merchandise or in places of amusement.

Part V of the report form. The Committee would be grateful if the Government would provide general information on the application of the Convention, including, for instance, extracts from the reports of the inspection services containing information on the number and nature of infringements reported, copies of official studies related to the protection of wages or any other information that would allow the Committee to assess the manner in which the Convention is applied in practice.