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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the 2000 Revised Edition of the Labour Act (Cap. 297). It would be grateful if the Government would supply additional information on the following points.

Article 2, paragraph 2, of the Convention. The Committee recalls its suggestion made in previous comments that the Government should consider the possibility of restricting the very wide discretion accorded to the minister under section 112 of the Labour Act regarding exemptions from its scope. It hopes that the Government will take the necessary steps at the earliest possible occasion and requests the Government to indicate in future reports any progress achieved in this regard.

Article 7. While noting the general explanations provided by the Government in its 2002 report on price-controlled products, the Committee understands that no regulations for the establishment and control of the commissaries or shops referred to in section 114(a) of the Labour Act have as yet been adopted. It therefore requests the Government to indicate the measures taken or contemplated to give effect in practice to this Article of the Convention.

Articles 8 and 10. The Committee recalls its previous comments regarding the absence of an overall limit on the amount of wages which may be attached or deducted under sections 106 and 110 of the Labour Act, so as to safeguard the maintenance of the worker and his/her family. While noting the Government’s earlier indication that the Committee’s suggestions would be taken into account in the process of amending the Labour Ordinance, the Committee observes that the revised Labour Act (Cap. 297) still does not provide for an overall limit with respect both to wage attachments and wage deductions. The Committee requests therefore the Government to indicate how the workers’ earnings are protected, in case of multiple deductions and attachments so as to avoid any unexpected decrease in remuneration which would compromise the workers’ ability to support themselves and their household.

In addition, with regard to the broad discretionary power conferred upon the Labour Commissioner by section 106(4) of the Labour Act to authorize wage deductions to such amounts and on such conditions as he may think fit, the Committee reiterates that this provision needs to be amended in order to limit the discretion of the Commissioner in this respect.

Moreover, with regard to the Government’s reference to section 98 of the Labour Act which permits a duly authorized person to receive a worker’s wage on his/her behalf, the Committee considers that this provision is not strictly relevant to the legal notion of assignment, i.e. the voluntary arrangement whereby part of the worker’s wages are paid directly to his/her creditor in settlement of his/her debts. The Committee therefore asks the Government once again to indicate the measures taken or envisaged in this respect.

Article 14. The Committee notes that, in its 2002 report, the Government referred to section 111 of the Labour Act which provides that employers must inform their workers either at the time of the offer of employment or as soon thereafter as to the wage conditions applicable to them. The Committee requests the Government to indicate how it is ensured that workers are duly informed of all subsequent changes concerning the conditions in respect of wages, and of the particulars of their wages at the time of each payment (for instance, by means of a wage statement indicating the gross and net amount of wages and any deductions made).