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

Article 2 of the Convention. Scope of application. The Committee notes that, in reply to its previous comment, the Government refers to section 627 of the Basic Labour Act, which establishes penalties applicable to employers that do not comply with their obligations in relation to the payment of wages, but which is not at all relevant to the exclusion of domestic workers from the scope of application of the Labour Code. The Committee recalls in this respect that, under the terms of section 275 of the Basic Labour Act, the provisions of Titles II, III and IV, including those relating to the protection of wages, are not applicable to domestic workers who reside in the house where they provide their services. The Committee once again requests the Government to take the necessary measures to ensure that all workers without exception benefit from the protection of wages in accordance with the terms of the Convention. It requests the Government to keep it informed of any development in this respect.

Article 8. Deductions from wages. The Committee notes the Government’s indications that deductions from wages can only be made in the cases envisaged by the applicable collective agreements, and that deductions can be intended, among other reasons, for savings funds or for the purchase of food, personal goods or clothing. It also notes that such deductions are made on the basis of a percentage of the worker’s wage, on condition that the quality of life of the worker or her or his family is not prejudiced. The Committee requests the Government to indicate the legal provisions which establish that collective agreements may permit deductions from wages for the above purposes and which determine the limits on the amounts of such deductions. The Government is also requested to provide a copy of any relevant text in this respect.

The Committee also notes the information contained in the Government’s report concerning the provisions of collective agreements which permit workers to have access to credit for the purchase of goods or services, training or leisure activities, using their wage as a guarantee of payment. However, it notes that these indications do not constitute a reply to its previous comment on this point. The Committee therefore once again requests the Government to provide: (i) an exhaustive list of all the cases in which wages may be pledged as guarantee in accordance with section 132 of the Basic Labour Act; (ii) the overall limits to authorized deductions in such cases; (iii) the applicable legal provisions in this respect (for example, a decree issued under section 132 of the Basic Labour Act, if such exists); and (iv) information on the application of such provisions in practice.

The Committee further notes the Government’s reference in its report to section 165 of the Basic Labour Act, under which debts contracted by the employee with the employer may be paid off, during the employment relationship, up to the limit of one third of the wage. The Committee requests the Government to provide fuller information on the type of debts that the employee may contract with the employer (other than those referred to in the report: loans with a view to the purchase of a residence or a vehicle) and on the interest rates which may be applicable in the context of such loans.

The Committee notes that the Government has not replied to the other issues raised in its previous direct request. It is therefore bound to reiterate its comments on the following points.

Article 9. Deductions from wages for the purpose of obtaining or retaining employment. Noting that the Basic Labour Act and its Regulations contain no provisions explicitly prohibiting any deduction from wages with a view to ensuring a direct or indirect payment made by a worker to an employer for the purpose of obtaining or retaining employment, the Committee requests the Government to take the necessary action to ensure that full effect is given to the Convention in this regard.

Article 12, paragraph 2. Termination of the employment relationship. While noting the provision of section 165 of the Basic Labour Act, the Committee requests the Government to indicate the measures taken or envisaged to ensure that, upon the termination of a contract of employment, a final settlement of wages is effected within a reasonable period of time, in accordance with the terms of this Article of the Convention.

Article 15(d). Wage records. The Committee notes that, by virtue of sections 4 and 5 of resolution No. 2921 of 14 April 1998, employers are under the obligation to submit to the competent authorities, once every three months, a report containing information on the number of workers employed, the type of employment, the hours of work performed and the amount of wages paid. However, the Committee draws the Government’s attention to the fact that this reporting requirement involves general information for statistical purposes and does not therefore fully meet the requirements set out in the Convention with regard to the maintenance of wage records in an approved form and manner. The Committee requests the Government to indicate the measures taken to ensure that detailed payroll records are maintained, showing in respect of each worker employed such particulars as the gross amount of wages earned, any deduction, including the reasons therefor, and the net amount of the wages due.