Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee has been drawing attention for a number of years to section 2099 of the Civil Code which is worded in a manner that does not exclude the possibility – however theoretical this may appear in modern labour market conditions – of workers’ wages being paid entirely in kind. It has been pointed out that even though the payment of wages in kind may nowadays be practised only partially or marginally (especially in domestic and agricultural work, fishing and porterage) as the Government indicates, Article 4 of the Convention is among the provisions of the Convention that are not self-executing and therefore require specific measures by the competent authorities in order to be implemented.

In its last report, the Government refers to section 36 of the Constitution which guarantees the workers’ right to remuneration commensurate with the quantity and quality of their work and in any case sufficient to provide them and their family with a free and decent living. The Committee takes note of the Government’s explanations concerning the constitutional safeguards on remuneration but considers that these observations are not strictly relevant to the point raised by the Committee. The Committee is therefore bound to reiterate that the national legislation is not in full conformity with the Convention to the extent to which section 2099 of the Civil Code continues to apply and the possibility of the payment of wages wholly in kind still remains. In this connection, the Committee wishes to refer to paragraphs 114 to 126 of its 2003 General Survey on protection of wages in which it analysed the principle of the partial payment of wages in kind in the light of relevant law and practice. The Committee once again expresses its firm hope that the Government will take appropriate action shortly and requests the Government to keep it informed of all future developments in this regard.