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

The Committee notes the Government’s report, which replies only partly to the points raised by the Committee in its previous comments.

Article 2 of the Convention. Scope of application. The Committee notes the Government’s statements to the effect that the amendments to the Labour Code, which have been drafted in collaboration with the ILO and discussed with the social partners, will take into account its previous comments on the exclusion of certain agricultural workers from the scope of the Code. The Committee hopes that the Labour Code will be amended in the very near future so as to ensure that all workers, without exception, are covered by the Labour Code provisions concerning the protection of wages. The Government is requested to keep the Office informed of any progress made in adopting these amendments.

Article 4. Partial payment of wages in kind. The Committee notes that in reply to its previous comments the Government states that the Council of Ministers has not adopted any regulations providing for the granting of representation, mobility or residency allowances. It notes, however, that such allowances are provided for in collective agreements and in labour contracts, which must be approved by the Minister for Labour. The Committee recalls that the Convention sets forth the following strict conditions for the partial payment of wages in kind: (i) the practice may only be authorized in industries or occupations where it is customary or desirable; (ii) the payment of wages in the form of alcoholic drinks or noxious drugs may not be permitted in any circumstances; and (iii) when authorized, measures should be taken to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and that their value is fair and reasonable. The Committee trusts that the Government will adopt the required provisions in the very near future, for instance in the form of an implementing decree for section 68 of the Labour Code, so as to ensure the observance of these different conditions when wages are paid partially in kind. The Government is requested to provide any information concerning the measures taken to give effect to the Convention in this respect.

Article 8. Deductions. The Committee notes that, in its report, the Government refers only to deductions from wages which are authorized by a court ruling. It would, however, like to draw the Government’s attention to section 63 of the Labour Code, pursuant to which deductions from wages due are prohibited when not established by a final court ruling, unless the employer and worker have arranged otherwise. The Committee recalls that, in accordance with Article 8 of the Convention, such deductions shall be permitted only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award, but not by agreement between the employer and the worker concerned, so as to prevent any kind of abuse. The Committee therefore asks the Government to take the necessary measures to ensure that deductions from wages are only permitted under the conditions and to the extent prescribed by one of the three methods mentioned above and that workers are informed in this respect.

Article 9. Payment for the purpose of obtaining or retaining employment. The Committee notes the information provided by the Government concerning the registration of jobseekers with the Ministry of Labour or its local offices. It notes, however, that the provision referred to by the Government does not in any way prevent the existence of practices by which workers are required to make direct or indirect payments to an employer, his representative or a labour contractor or recruiter for the purpose of obtaining or retaining employment. The Committee once again asks the Government to take the necessary measures to ensure compliance with the Convention in this respect.

Article 10. Attachment of wages. The Committee notes the Government’s indication that it will take into account the Committee’s previous comments relating to the protection of workers’ wages against assignment. It asks the Government to keep it informed of any progress made in adopting Labour Code amendments which give effect to this provision of the Convention.

Part V of the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in practice, including, for instance, extracts from inspection service reports indicating the number and nature of any reported violations of the legislation on wage protection, and details of the measures taken to stop such violations.