Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Repetition

Article 4(2) of the Convention. Partial payment of wages in kind. The Committee notes the Government’s indication that, under section 154(2) of the Labour Code, the payment of wages in the form of commodities or services may be permitted provided that such allowances in kind meet the needs of the worker and his/her family, that in-kind benefits do not exceed 20 per cent of the wage specified in cash, and that alcoholic beverages or other commodities detrimental to health are not provided as part of wages in kind. Recalling that the Convention further requires that: (i) the payment of wages in the form of allowances in kind may be authorized only in industries or occupations in which the payment of wages in kind is customary or desirable because of the nature of the industry or occupation concerned; and also that (ii) appropriate measures have to be taken to ensure that the value attributed to the allowances in kind is fair and reasonable, the Committee asks the Government to specify how these requirements are complied with in law and practice. The Committee draws the Government’s attention, in this respect, to the General Survey of 2003 on the protection of wages, paragraphs 92–160, which reviews relevant state practice and illustrates possible ways in which legislative conformity may be ensured on this point.

Article 8. Deductions from wages. With regard to the Government’s indication that wage deductions may be made on the basis of the employee’s consent, the Committee notes that deductions from wages may be made only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award, but not by individual agreements. The Committee refers to its General Survey of 2003, paragraph 217, in which it considered that the Convention seeks to prevent “private” arrangements which might involve unlawful or abusive deductions to the detriment of the workers’ earnings, and took the view that provisions of national legislation which permit deductions by virtue of individual agreements or consent are not compatible with this Article of the Convention, unless of course the national legislation specifies in a detailed and exhaustive manner the types of deductions which may be permitted on the basis of individual consent. The Committee requests the Government to provide additional explanations in this regard.

Article 15(c) and Part V of the report form. Practical application. The Committee notes the information provided by the Government on the organization and operation of the labour inspection services. It also notes the statistical data on the number of inspection visits and the results obtained in the period 2002–05. It would appreciate if the Government would continue to provide all relevant information on these matters.