Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

1. Parts I and II of the Convention. Improvements of standards of living. The Committee notes the Government’s report received in September 2008. The Committee refers to its 2005 observation and reiterates its request that the Government provide, in its next report, updated data illustrating that the improvement of standards of living have been regarded as the principal objective in the planning of economic development. Please also supply information on the promotion of cooperatives and the improvement of standards of living for workers in the informal economy (Articles 4(e) and 5 of the Convention).

2. Article 11, paragraph 1. The Government indicates in its report that employers are required, under section 11(b) of the Minimum Wage Act, to keep, and to have ready for presentation to the inspecting officers, relevant wage records reflecting not only the minimum wage but all wages earned by their employees.  It indicates that the matter of issuing wage statements cannot be enforced by the Pay and Condition of Employment Bureau of the Ministry of Labour since this is not required by legislation. The Government has, however, stated that pay slips are being issued by some employers on a discretionary basis. The Committee asks the Government to provide information in its next report on measures taken to facilitate the supervision necessary to ensure the proper payment of all wages earned, and the keeping by employers of registers to ensure the issue to workers of statements of their wage payments.

3. Article 11, paragraph 3. In response to the Committee’s 2005 observation, the Government indicates that measures are taken by which workers are requested to present suitable identification, and must be requested to sign wage records on receipt of payment, in order to ensure that wages are paid directly to the individual workers.

4. Article 11, paragraph 5. In order to ensure that the payment of wages is not carried out in taverns or stores except in the case of workers employed therein, the Government indicates that steps have been taken to make private arrangements between workers and employers to have their salaries paid from designated financial institutions such as banks and credit unions, or at their places of employment.

5. Article 11, paragraph 6. The Government indicates that employers are required to indicate, from the very outset of the employment, dates, intervals and the place for the payment of wages. In cases of late payment of wages, workers are advised to write or otherwise contact the employer to request the outstanding amounts. Where the workers’ wages are still outstanding, legal proceedings are usually contemplated. The Committee notes that the Government is contemplating legislating on the procedure to be followed to address cases of the non-payment of wages.

6. Article 11, paragraph 8(b). The Government indicates that reported cases of unauthorized deductions from wages are investigated by the Pay and Condition of Employment Bureau (PCEB) of the Ministry of Labour and Social Security. In such cases the employers are advised of complaints and findings of the inquiry, and inspection officers take steps to ensure compliance. Employees may also proceed with court action in respect of such unauthorized deductions. The Committee notes that the Government contemplates that it will take measures by which the employers are required to present employees with a list of possible deductions to be made from wages on the commencement of employment. The Government also contemplates requiring, by appropriate legislation, that pay advice slips be issued to all employees. The Committee requests the Government to provide in its next report specific information on the policies, practices or any other measures adopted indicating, where appropriate, the relevant provisions of legislation and administrative regulations which ensure the proper payment of all wages earned, as provided under each of the aforementioned subparagraphs of Article 11 of the Convention.

7. Article 12. The Committee refers to its 2005 observation in which it noted the Government’s indication concerning the regulation of the advances on wages in the government service under the Financial Administration and Audit Act and that the payment of wages in the private sector is not at present regulated by law. The Committee again requests the Government to indicate, in its next report, measures taken or contemplated to regulate the advances on wages in the private sector in accordance with this Article of the Convention.