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

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes the Government’s explanations that the only authorized exceptions to the general prohibition against the payment of wages in kind is the provision of housing and food in accordance with sections L.106 and L.107 of the Labour Code and that, therefore, section L.109 of the Code must not be read as if it permitted any exceptions other than those referred to in sections L.106 and L.107.

Article 6. Freedom of workers to dispose of their wages. The Committee notes the indication of the Government that section L.133 of the Labour Code concerning works stores provides sufficient protection of the workers’ freedom to dispose of their wages. It recalls, in this connection, paragraph 178 of its 2003 General Survey on protection of wages, in which it expressed the view that provisions regulating deductions from wages, the attachment of wages or the use of company stores do not cover all the ways in which workers can be limited in their freedom to dispose of their wages and it is, therefore, necessary for the legislation implementing the Convention to contain an express provision generally prohibiting employers from restricting the freedom of workers to dispose of their wages. The Committee accordingly reiterates its hope that the Government will consider taking the necessary action in order to bring the national legislation into full conformity with the Convention in this regard.

Article 8. Types and extent of deductions from workers’ wages. The Committee notes the Government’s statement that the question of new legal provisions specifying the types and extent of deductions which may be prescribed in individual labour contracts will be thoroughly examined. It hopes that, in the interest of protecting workers from unfair and abusive deductions, detailed legal provisions will soon be adopted laying down specific conditions and limits to permissible deductions on the basis of individual agreement. It requests the Government to supply information on any progress made on this matter.

Part V of the report form. The Committee notes the statistical data provided by the Government concerning the results of labour inspections conducted in 2007 in eight administrative regions. It would appreciate if the Government would continue supplying up to date information on the application of the Convention in practice.